Bill supporters say confidentiality critical to success of restorative justice programs

Restorative justice programs are an increasingly used option in the criminal justice system that allow juveniles convicted of a crime to forgo paying a court-ordered fine if they participate in a local restorative process.

Created in 2023, the Office of Restorative Practices is charged with establishing and funding programs arranging victim-offender conferences designed to address the root causes of the juvenile’s offense and increase the offender’s connection to community, restore relationships with people affected by the criminal act, and encourage juvenile offenders to take responsibility for the impact of their actions.

Rep. Sandra Feist (DFL-New Brighton) says that to be effective, these conferences must permit offenders to share honest information without fear the information could be used against them.

She sponsors HF104 that would establish the same privileged confidentiality rules that exist between attorneys and their clients to conversations taking place in restorative justice conferences.

The House Judiciary Finance and Civil Law Committee approved the bill, as amended, Tuesday on a split-voice vote and sent it to the House floor.

Rep. Sandra Feist

Feist made it clear the bill would not interfere with the traditional legal mechanisms for holding offenders accountable.

“Prosecutors can simultaneously or at a later date bring offenders to justice regardless of whether the victim choses to explore a restorative path to accountability,” she said.

The private privilege proposed by the bill would not exempt legal provisions requiring mandated reporting of maltreatment of children or vulnerable adults.

There would also be exceptions allowing disclosure of information necessary to prevent reasonably certain death, great bodily harm, or criminal activity and allowing disclosure when the information relates to professional misconduct by a participant.

Amanda Sieling, a professor at Southwest Minnesota State University, has successfully participated in restorative justice conferences in Yellow Medicine County for more than 20 years.

“This is a necessary change for restorative practices and for all participants across the state,” she said. “The research is clear; when offenders take accountability for their actions, they’re actually less likely to reoffend and public safety increases.”

Rep. Peggy Scott (R-Andover) expressed reservations about the restorative justice process and whether it truly serves the needs of victims if it’s at the expense of traditional criminal justice punishments.

“These are some really serious crimes that we’re talking about, and I just have a certain level of hesitancy, and really uncomfortableness because I don’t want to be letting anybody off that has done a heinous crime,” she said.

Sieling had the same reservations when she began as a prosecutor 20 years ago, thinking the restorative justice process would not do enough to protect communities.

“What I found is that I was wrong. I was simply wrong,” she said. “We are much better off in the justice system if the community is assisting and holding people accountable.”