8-804.5.Parties to a restorative justice practice.

Section 8-804.5 creates a privilege for participation in restorative justice practices, which the statute defines to include a "circle" (a versatile practice for building community or responding to wrongdoing) and a "conference" (a structured meeting between offenders, victims, and their family and friends to address the consequences of a crime and decide how to repair the harm). A "party" is anyone, including a facilitator, who voluntarily consents to participate, and a "proceeding" covers any legal action under the Code, including civil, criminal, juvenile, or administrative hearings.

Anything said or done during, in preparation for, or as follow-up to a restorative justice practice, or even the fact that a practice was planned or convened, is privileged and cannot be referred to, used, or admitted in a civil, criminal, juvenile, or administrative proceeding unless the protected party waives the privilege, during the proceeding or in writing. A waiver by one participant only releases that participant's own participation and communications; other participants' contributions stay privileged unless they separately waive. Evidence otherwise admissible or discoverable does not lose that status merely because it was discussed or used during a restorative justice practice, and if the legitimacy of a practice is challenged, a judge decides the question and may consider otherwise-privileged information to the extent it is probative of that issue.

The privilege does not apply if disclosure is necessary to prevent death, great bodily harm, or the commission of a crime, if necessary to comply with another law, or if a court, tribunal, or administrative body requires a report on the practice, though any such report is limited to the fact that a practice took place, an opinion on its success, and whether further practices are expected. The section applies to restorative justice practices convened on or after July 15, 2021.