Restorative justice programs can effectively address criminal conduct

Deterring crime depends in large part on having certain and speedy accountability for criminal activity. A well-functioning, well-resourced criminal justice system can lead to prompt consequences for offenders.

But we need not rely solely on the courts to provide expeditious consequences for criminal activity. A well-functioning, well-resourced restorative justice system can also ensure certain and immediate consequences, often with better outcomes for victims and offenders than the criminal justice system. Last week, the House passed H.645, which will improve how Vermont provides restorative justice.

Vermont has long had many powerful restorative justice options to address criminal conduct outside the traditional criminal justice system. Those options may be available before adjudication (before an individual is convicted or enters a plea agreement) or after adjudication.

As to pre-adjudication, the attorney general’s office oversees a diversion program that provides a restorative response for individuals charged with their first or second misdemeanor or their first non-violent felony. Community members support the person charged and help them repair the harm done to victims and the community.

The restorative process requires the charged individual to take responsibility for the crime. It leads to the creation of a restorative agreement under which the responsible party must repair the harm they caused. A significant part of this process builds new skills to help the offender avoid causing further harm.

The attorney general’s office also oversees the Tamarack program, which supports adults charged with a crime who have a substance use or mental health treatment need. Tamarack participants must be willing to take responsibility for their actions and, when appropriate, participate in a restorative process aimed at repairing the harm caused by their crime.

The Legislature has also established a statutory framework for community justice centers “to resolve civil disputes and address the wrongdoings of individuals who have committed municipal, juvenile, or criminal offenses.” Criminal justice centers “shall include programs to resolve disputes, address the needs of victims, address the wrongdoing of the offender, and promote the rehabilitation of youthful and adult offenders.”

These centers, which can be either municipal entities or nonprofits, are involved with both pre- and post-adjudication restorative justice programs. Post-adjudication programs include reparative boards that provide community-centered restorative justice processes for offenders who have been required to participate as a condition of probation.

The bill just passed by the House, H.645, would create and codify a statewide pre-charge diversion program. Pre-charge diversion occurs when individuals who commit low-level crimes are referred to community providers of restorative justice instead of court. The bill would allow law enforcement or prosecutors to divert more offenders from the criminal justice system before they are charged with a crime. If an individual does not complete the restorative justice program, they would be referred to the traditional court system.

Some Vermont counties, including Chittenden County, already provide pre-charge restorative justice programs. H.645 would stabilize those existing programs by placing administrative oversight in and funding through the attorney general’s office. By expanding pre-charge diversion statewide, the entire state will benefit from more timely interventions and reduced pressure on the courts.

Restorative justice avoids many adverse collateral consequences to the party responsible for the harm, including loss of employment, government assistance, housing and parental rights. Restorative processes are also more effective than incarceration at reducing recidivism.

In 2019, the Crime Research Group, which provides criminal justice research in Vermont, produced a report analyzing recidivism rates and costs of the diversion program of the Vermont Attorney General’s office. The report noted that first-time diversion participants without criminal history were much less likely to reoffend than individuals going through the traditional criminal justice system. The same report found that diversion is much less expensive than the traditional criminal justice system.

Victims also benefit from the restorative justice process. Studies show that victims consistently report higher satisfaction with restorative justice programs than traditional prosecutions. In addition, when given the option, victims tend to opt for a restorative process. Victims want answers, want their voices heard and want a sense of control relative to what happened to them. They do not want the person who caused their harm to cause further harm. A restorative process can better address these needs than the legal process and the courts.

The expansion of restorative justice, as proposed in H.645, comes at a critical time for Vermont. With increased community concerns regarding public safety and the challenges of court backlogs, along with mounting financial pressures in all areas of state services, it is essential that we invest in public safety measures that are both effective and timely.

Community-based providers testified repeatedly before the House Committee on Judiciary about how restorative justice offers a high-impact, lower-cost intervention compared to traditional court interventions and does so in a timelier manner, often within weeks of an incident rather than months or years. H.645 seeks to build on these positive outcomes.

If you have any questions or input about the foregoing, please reach out to me at mlalonde@leg.state.vt.us.

Martin LaLonde, a Democrat, represents South Burlington in the Chittenden-12 House district.