Purpose of the Bill

The purpose of the bill is to establish confidentiality for participants involved in restorative justice practices. It aims to provide legal protection for communications and documents shared during these practices, ensuring privacy and encouraging honest participation.

Main Provisions

• Restorative Practices Data Confidentiality: The bill introduces new subdivisions to Minnesota Statutes, ensuring that information related to participants in restorative justice practices is kept confidential. This includes any communications, documents, or information used during these practices.

• Disclosure Exceptions: Exceptions to this confidentiality are outlined where disclosure is permitted if it is necessary to prevent imminent death, great bodily harm, or the commission of a crime. Additionally, disclosures are allowed if they involve evidence of professional misconduct by a participant in a professional capacity.

• Court-Ordered Participation: If a court mandates participation in restorative practices, the overseers of these practices can disclose whether participants have attended as required.

• Admissibility of Evidence: Any evidence that is otherwise admissible or subject to discovery remains so even if it was used in a restorative practice setting. This provision ensures that the use of restorative practices does not shield otherwise admissible evidence from being used in legal proceedings.

• Government Data Classification: Data regarding restorative practice participants are classified as private data on individuals. However, it can be disclosed under certain exceptions mentioned in the bill.

Significant Changes to Existing Law

The bill adds specific provisions to existing Minnesota statutes that establish confidentiality and data privacy for restorative justice practices, a change aimed at enhancing the effectiveness and trustworthiness of these programs by legally protecting participant communications.

Relevant Terms

restorative justice, confidentiality, data privacy, communication disclosure, great bodily harm, professional misconduct, admissible evidence, private data, court-ordered participation.