PRINTER'S NO. 3628
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2921
Session of
2022
INTRODUCED BY RABB, KRAJEWSKI, HOHENSTEIN AND ABNEY,
NOVEMBER 9, 2022
REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 9, 2022
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in sentencing, further
providing for sentencing generally and providing for
restorative justice.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9721(a) of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph to read:
§ 9721. Sentencing generally.
(a) General rule.--In determining the sentence to be imposed
the court shall, except as provided in subsection (a.1),
consider and select one or more of the following alternatives,
and may impose them consecutively or concurrently:
* * *
(8) Restorative justice.
* * *
Section 2. Title 42 is amended by adding a section to read:
§ 9726.1. Restorative justice.
(a) Restorative justice as exclusive sentence.--The court
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may sentence a defendant to undergo restorative justice
exclusively if the court, after considering the nature and
circumstances of the crime committed by the defendant and the
history and character of the defendant, determines that
restorative justice alone is appropriate.
(b) Restorative justice as additional sentence.--The court
may sentence a defendant to undergo restorative justice in
addition to another sentence, involving total or partial
confinement or probation, if the court determines that
restorative justice is specially adapted to the deterrence of
the crime involved or the correction of the defendant.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Circle." A versatile restorative practice that can be used:
(1) proactively to develop relationships and build
community; or
(2) reactively to respond to wrongdoing, conflicts and
problems.
"Conference." A structured meeting among individuals who
have caused harm, individuals who have been harmed and the
family and friends of these individuals, in which they deal with
the consequences of a crime or wrongdoing and decide how best to
repair the harm.
"Facilitator." An individual who is trained to facilitate a
restorative justice practice.
"Party." As follows:
(1) An individual who voluntarily consents to
participate in a restorative justice practice.
(2) The term includes a facilitator, an individual who
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has caused harm, an individual who has been harmed, a
community stakeholder or any other participant in a
restorative justice practice.
"Restorative justice." A gathering, such as a conference or
circle, in which individuals who have caused harm, individuals
who have been harmed, community stakeholders and a facilitator
collectively gather to identify and repair the harm to the
extent possible, address trauma, reduce the likelihood of
further harm and strengthen community ties by focusing on the
needs and obligations of all parties involved through a
participatory process.
Section 3. This act shall take effect in 60 days.
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