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F I S C A L I M P A C T R E P O R T

SPONSOR King

ORIGINAL DATE

LAST UPDATED

2/05/08

HB 576

SHORT TITLE Santa Fe Schools Restorative Justice Program

SB

ANALYST Hanika-Ortiz

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY08

FY09

$100.0

Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY08

FY09

FY10 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total

$2.4

Recurring General

Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to HB 516 and HB 568

SOURCES OF INFORMATION

LFC Files

Responses Received From

Public Education Department (PED)

SUMMARY

Synopsis of Bill

House Bill 576 appropriates $100 thousand from the General Fund to PED to provide continued

support for the Santa Fe Public Schools Restorative Justice Program.

FISCAL IMPLICATIONS

The appropriation of $100 thousand contained in this bill is a recurring expense to the General

Fund. Any unexpended or unencumbered balance remaining at the end of FY09 shall revert to

the General Fund.

House Bill 576 – Page

2

PED may be required to designate existing staff to monitor the distribution and expenditures of

funds. Estimated staff time for an Education Administrator 0 is 80 hrs x $22.74/hr x 30%

benefits= $2.4/year.

The Santa Fe Schools Restorative Justice Program may enhance school attendance, graduation

rates and student performance, and may have an impact on abuse, neglect, juvenile delinquency

substance abuse and other related matters.

SIGNIFICANT ISSUES

Restorative Justice is a process whereby a student (generally at the middle or high school level)

who is long-term suspended from school can appeal to those whom he has hurt/harmed by his

behavior for a chance to make up for his offense(s) and to be given a second chance to attend

school under certain conditions.

PERFORMANCE IMPLICATIONS

PED notes that HB 576 could positively impact measures that relate to the Governor’s Truancy

and Dropout Prevention initiative.

ADMINISTRATIVE IMPLICATIONS

PED will administer the funds.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

House Bill 516 appropriates $300.0 from the General Fund for FY 09 through FY 11 to the PED

for the Santa Fe Public Schools to develop and implement a restorative justice program as an

alternative method to deal with school-based offenses.

House Bill 568 would appropriate $270.0 from the General Fund for FY 09 to the Sixth Judicial

District to provide juvenile and adult offender restorative justice services.

SUBSTANTIVE ISSUES

PED provides the following background:

Restorative justice is a theory of justice that is based on the common values and principles of

accountability, reparation, reintegration, inclusion and effective communication. Restorative

justice focuses on crime as an act against another individual or community rather than the state.

The victim plays a major role in the process and may receive some type of restitution from the

offender. Currently, restorative justice is a broad term which encompasses a growing social

movement to institutionalize peaceful approaches to harm, problem-solving and violations of

legal and human rights. This ranges from international peacemaking tribunals such as the South

Africa Truth and Reconciliation Commission to innovation within the criminal justice system,

schools, social services and communities. Rather than privileging the law, professionals and the

state, restorative resolutions engage those who are harmed, wrongdoers and their affected

communities in search of solutions that promote repair, reconciliation and the rebuilding of

relationships. Restorative justice seeks to build partnerships to reestablish mutual responsibility

for constructive responses to wrongdoing within our communities. Restorative approaches seek

House Bill 576 – Page

3

a balanced approach to the need of the victim, wrongdoer and community through processes that

preserve the safety and dignity of all (Restorative Justice, ND).

Crime increases fear, reduces quality of life and causes injury to victims, survivors and

communities, and while the criminal justice system prosecutes and punishes offenders, the

emotional and physical damage to people and communities may often go unresolved.

Restorative justice programs seek to repair the harm caused by crime through a comprehensive

and cooperative process that enables the victim, the offender and affected members of the

community to be directly involved in responding to the crime. These programs promote healing

for the victim by allowing the victim to voluntarily meet the offender, to express the impacts of

the crime and to encourage the offender to take responsibility for the resulting harm.

Restorative justice rehabilitates offenders and reintegrates them into the community by providing

an opportunity for the victim, the offender and community members to develop a plan to address

the harm together. The shared responsibility in finding constructive resolutions to crime gives

communities a meaningful voice in the cause and effect of crime in their communities. The

community-centered approach of restorative justice programs can contribute to reductions in

recidivism, increased compliance with restitution agreements and victim satisfaction.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

Continuation and expansion of the restorative justice program in the Santa Fe Public Schools

may not take place.

AHO/mt