§ 1968. Referrals for domestic violence and sexual violence cases; attorney general protocols

(a) Notwithstanding section 1967 of this title, community justice centers may accept referrals for domestic violence and sexual violence cases, provided the community justice center has a current and executed memorandum of understanding with a local member organization of the Vermont Network Against Domestic and Sexual Violence (Vermont Network). Such memorandums of understanding shall include protocols set forth in subsection (c) of this section.

(b) If the restorative justice approach set forth in the memorandum of understanding includes law enforcement or prosecutor referrals, a prosecutor and law enforcement agency with jurisdiction shall be party to the memorandum of understanding.

(c) On or before July 1, 2024, the Community Justice Unit of the Office of the Attorney General (Community Justice Unit), in consultation with the Vermont Network and the Center for Crime Victim Services, shall create guidance for memorandums of understanding. Memorandums of understanding shall include protocols that:

(1) establish a defined approach based on evidence or an established, promising program;

(2) prioritize victim safety;

(3) include voluntary referral and participation by parties;

(4) require initial and annual training for relevant community justice center staff, facilitators, and volunteers and relevant law enforcement and prosecutors on the dynamics involving domestic violence and sexual violence, trauma-informed approaches, and restorative justice principles;

(5) establish roles and participation of the community justice center, the local domestic and sexual violence organization, and other community partners as needed;

(6) establish written confidentiality standards that ensure constitutional protections and the privacy of participants;

(7) establish universal data collection standards developed by the Community Justice Unit; and

(8) establish written annual evaluation and quality improvement plans and processes that engage community and system stakeholders.

(d) The Community Justice Unit shall review each memorandum of understanding to ensure compliance with the protocols set forth in subsection (c) of this section and guidance created by the Community Justice Unit. The Community Justice Unit may engage other stakeholders who are relevant to the defined approach under consideration in the review process.

(e) Once a memorandum of understanding has been verified for compliance by the Community Justice Unit and has been executed by the parties, community justice centers may accept referrals involving domestic violence or sexual violence.

(f) Information related to any offense that a person divulges in preparation for, during, or as a follow-up to the provision of programming pursuant to this section shall not be used against the person in any criminal, civil, family, or juvenile investigation, prosecution, or case for any purpose, including impeachment or cross-examination. This subsection shall not be construed to prohibit the limited disclosure or use of information to specific persons in the following circumstances:

(1) Where there is a threat or statement of a plan that a person may reasonably believe is likely to result in death or bodily injury to themselves or others or damage to the property of another person.

(2) When disclosure is necessary to report bodily harm any party causes another during the restorative justice programming.

(3) Where there is a reasonable suspicion of abuse or neglect of a child or vulnerable adult and a report is made in accordance with the provisions of 33 V.S.A. § 4914 or 33 V.S.A. § 6903 or to comply with another law.

(4) Where a court or administrative tribunal determines that the materials were submitted by a participant to the program for the purpose of avoiding discovery of the material in a court or administrative proceeding. If a participant wishes to avail themselves of this provision, the participant may disclose this information in camera to a judicial officer for the purposes of seeking such a ruling. (Added 2023, No. 11, § 3, eff. May 8, 2023.)