44-7-302. Restorative justice grants. (1) The purposes of the restorative justice grant programs are to:

Terms Used In Montana Code 44-7-302

  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Recidivism: means a circumstance in which any sentence is imposed for a new felony or in which a judge or the board of pardons and parole determines that a person convicted of a felony has violated the person's terms of probation or parole within 5 years of the imposition of a sentence for a previous felony conviction. See Montana Code 1-1-207
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201

(a)promote the use of restorative justice practices throughout the state; and

(b)provide technical assistance to local and state jurisdictions and organizations interested in implementing the principles of restorative justice.

(2)For the purposes of this part, the term “restorative justice” means criminal justice practices that elevate the role of crime victims and community members in the criminal justice process, hold offenders directly accountable to the people and communities they have harmed, restore emotional and material losses, and provide a range of opportunities for victim, offender, and community dialogue, negotiation, and problem solving to bring about a greater sense of justice, repair harm, provide restitution, reduce incarceration and recidivism rates, and increase public safety.

(3)A restorative justice program eligible for grant funding pursuant to this section shall use evidence-based practices, which may include but are not limited to facilitated victim-offender meetings, family group conferencing, sentencing circles, victim impact panels, offender accountability letters, restitution programs, constructive community service, victim awareness education, victim empathy programs, school expulsion alternatives, peer mediation, diversion programs, and community panels.

(4)(a) The board of crime control shall actively seek federal grant money that may be used for the purposes of this section.

(b)The board shall produce a biennial report summarizing the grants provided, how the grant money was spent, and the program data and information reported by grant recipients.

(c)The board shall report to the law and justice interim committee in accordance with 5-11-210 regarding the status and performance of the restorative justice grant programs established in this section.