28 V.S.A. § 913: Restorative Justice Program referral

(a) The court may require participation in the Restorative Justice Program in the case of an offender who has pled guilty to a nonviolent felony, a nonviolent misdemeanor, or a misdemeanor that does not involve the subject areas prohibited for referral to a community justice center under 24 V.S.A. § 1967.

(b) Referral to the Restorative Justice Program pursuant to this section shall not require the court to place the offender on probation. In sentences where the referral is not a condition of probation, the offender shall return to court for further sentencing if the reparative board does not accept the case or if the offender fails to complete the reparative board program to the satisfaction of the board in a time deemed reasonable by the board.

(c) The court may require participation in the Restorative Justice Program as a condition of probation under subdivision 252(b)(15) of this title.

(d) In determining whether to order an offender to participate in the Restorative Justice Program, the court shall consider any relevant factors, including:

(1) whether there is an agreement between the parties for the referral;

(2) the views of any victim of the offense;

(3) the impact of the offense on the community;

(4) the offender’s willingness to participate in the program;

(5) the offender’s capacity to meaningfully participate in the program; and

(6) whether there are any orders of protection in effect, or previously in effect, between the offender and any victim.

(e) The Court Administrator shall create standardized forms for the referral of offenders to the Restorative Justice Program to be used in all courts of the State.

(f) The Supreme Court may adopt procedural rules to effectuate this section.