Please Vote NO on HB1254 A successful Restorative Justice Program should only include Victim-Initiated victim- offender conferences.

House Bill 1254 creates a pilot program for a juvenile restorative justice program in which an offender may request a victim-offender conference. Giving offenders the ability to initiate dialogue can re-traumatize victims.

· Victims of crime have a very real and valid fear of offenders and should NEVER be forced to engage with a person who has violated them. Victim-offender conferences, as part of a restorative justice program should always make the victim feel safe, emotionally and physically, and should never feel at risk of retaliation or harassment. Those victims not directly violated by the offender may also feel mistrust, cynicism, and a sense of justice denied if an offender’s willingness to engage in victim-offender dialogue is rewarded with a reduced sentence or no charges being filed against them.

· Restorative justice programs have great potential IF they are victim-centered and victim- initiatied, are well funded, and those involved have the proper education and training. A hap- hazard approach to restorative justice interventions as part of restorative justice programs that do not include those components often have serious negative consequences on victims including causing harm and delaying their recovery from trauma.

· There is significant evidence that offender programs that are created without proper training and supervision are detrimental to recidivism rates and community safety (2006 Washington State Institute for Public Policy) and can cause grave harm and additional trauma to victims (2005 Center for Restorative Justice and Peacemaking at Marquett University). House Bill 1254 does not incorporate the development of standards and protocols or proper training and supervision that research indicates are necessary components of effective restorative justice programs.

· The bill changes the current restorative justice program from a victim-centered and victim- initiated program to an offender-centered and offender-initiated program.

· While pre-adjudication programs and post-adjudication programs sound or appear very similar, the real-world differences are dramatic. If given the option for pre-adjudication restorative justice including offender-initiated conferences, the offender is more inclined to attempt to initiate a victim-offender conference solely for the purpose of avoiding having charges filed against them rather than out of genuine motivation to repair the harm done to their victim.

· Juvenile diversion or restorative justice should not be confused with "dialogue." "Dialogue" is merely one tool that can be utilized in come restorative justice programs. Nor should any restorative justice program be viewed as having the capacity to address all of the criminogenic issues of offenders.

· The bill allows an offender to pay for a victim-offender conference as part of a restorative justice program in lieu of having criminal charges filed against him or her. Allowing offenders to "buy" their way out of being charged with a crime is fundamentally wrong.

· House Bill 1254 allows restorative justice programs for juveniles charged with crimes equivalent to class 3, 4, 5, or 6 felonies. Including these classes of crimes, particularly Class 3 felonies is inappropriate. Class 3 felonies include such serious crimes as sexual assault, sexual assault on a child, second degree kidnapping, second degree murder, vehicular homicide, and assault in the first and second degrees.

· As written the bill would allow anyone to identify themselves as a "victim surrogate" or "victim advocate", without the proper training. A surrogate named by a third party to represent the impact of a specific crime on a victim is fundamentally inappropriate and insulting to a victim.

· Utilizing a victim surrogate or a victim advocate in that role for victim-offender dialogue should only occur when the victim has initiated a request to use a particular surrogate.

Please Vote NO on House Bill 1254

Contact Roberta Robinette at 303.618.8353 or Landon Gates at 970.218.0284