Bill Text: CA SB379 | 2023-2024 | Regular Session | Chaptered
Bill Title: Victim services: restorative justice.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2024-09-29 - Chaptered by Secretary of State. Chapter 980, Statutes of 2024. [SB379 Detail]
Download: California-2023-SB379-Chaptered.html
Senate Bill
No. 379
CHAPTER 980
An act to add Sections 5034 and 5035 to the Penal Code, relating to victim services.
[
Approved by
Governor
September 29, 2024.
Filed with
Secretary of State
September 29, 2024.
]
LEGISLATIVE COUNSEL'S DIGEST
SB 379, Umberg.
Victim services: restorative justice.
Existing law provides the Department of Corrections and Rehabilitation with jurisdiction over state prisons, as specified.
This bill would require the department to establish and maintain an Accountability Letter Bank (ALB) program, with the goal of providing a voluntary opportunity for incarcerated persons under the jurisdiction of the department to be accountable for the harm they have caused and to express remorse to those they have harmed, and to allow victims, survivors, and next of kin to receive a letter of accountability from an incarcerated person when, and if, they choose to receive a letter that is addressed to them, as specified. The program would require the letters to be reviewed by an ALB program facilitator to ensure they are not harmful to the victim, survivor, or next of kin.
This
bill would additionally require the department to establish and maintain a Victim Offender Dialogue program, with the goal of providing voluntary opportunities for restorative justice processes between victims, survivors, and next of kin and people who are incarcerated or on parole, facilitated by nonprofit, community-based restorative justice organizations.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 5034 is added to the Penal Code, to read:5034.
(a) The department shall establish and maintain an Accountability Letter Bank (ALB) program.(b) The goals of the program shall be both of the following:
(1) To allow victims, survivors, and next of kin to receive a letter of accountability from an incarcerated person when, and if, they choose to receive a letter that is addressed to them.
(2) To provide an opportunity for incarcerated persons under the jurisdiction of the department to express accountability and remorse for the harm they have caused.
(c) All letters submitted to the ALB shall be reviewed by an ALB program facilitator to ensure they are not harmful to the victim, survivor, or next of kin.
(d) If a victim, survivor, or next of kin wishes to receive the offender’s letter, the ALB program facilitator shall make the letter available through any of the following:
(1) By mail.
(2) By email.
(3) Upon request by the victim, survivor, or next of kin, an ALB program facilitator may read the letter with the victim, survivor, or next of kin in person or by telephone.
(e) If an incarcerated person decides to participate in a
program to draft and submit a letter to the ALB, the program shall be administered by a community-based nonprofit organization.
(f) Participation in the ALB program shall be voluntary.
(g) Incarcerated people shall be able to update letters they submit to the ALB. Letters submitted to the ALB shall only be retained for purposes of providing them to the person to whom it is addressed.
(h) Letters submitted to the ALB shall not be included in an incarcerated person’s central file.
(i) A letter submitted to the ALB, and a person’s participation in or lack of participation in the ALB program, shall not be considered in a parole suitability decision.
SEC. 2.
Section 5035 is added to the Penal Code, to read:5035.
(a) The department shall establish and maintain a Victim Offender Dialogue (VOD) program.(b) The goal of the program is to provide opportunities for restorative justice processes between victims, survivors, and next of kin of victims of crime and people who are incarcerated or on parole, which often culminate in a dialogue between those parties.
(c) The
VOD program shall be administered and coordinated by the department’s Office of Victim and Survivor Rights and Services and shall utilize nonprofit, community-based
restorative justice organizations to facilitate the VOD processes.
(d) Participation in the VOD program shall be voluntary.
