Vermont courts may refer some people to restorative justice programs

Starting July 1, 2026, a court may require some people to take part in the Restorative Justice Program. This applies to people who plead guilty to a nonviolent felony, a nonviolent misdemeanor, or a misdemeanor outside the subject areas barred from referral to a community justice center. The referral does not have to be a condition of probation. If the board does not accept the case or the person does not finish the program to the board’s satisfaction within a reasonable time, the person must return to court for further sentencing. The law takes effect on July 1, 2026.

A court must consider relevant factors when deciding whether to require program participation. These factors apply when a court decides whether to order a person to take part in the Restorative Justice Program. Factors include any agreement between the parties, the victim’s views, the effect on the community, the person’s willingness and ability to take part, and any current or past protection order between the person and a victim. This requirement takes effect on July 1, 2026.

The Court Administrator must create standard referral forms for statewide court use. The forms are for referrals to the Restorative Justice Program and must be used in all Vermont courts. This requirement takes effect on July 1, 2026.