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Last Post 16 Feb 2024 01:27 PM by  Vicky Campo
R-24-0016 Petition to Amend Rules 17.4 and Rule 38 of the Arizona Rules of Criminal Procedure to Incorporate Limited Restorative Justice Principles.
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Author Messages
Kevin Heade
New Member
Posts:8 New Member

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09 Jan 2024 08:08 PM
    Arizona Restorative Justice Coalition
    Kevin D. Heade
    Arizona State Bar # 029909
    [email protected]
    (480) 251-8534
    Paula Barr Skillicorn
    [email protected]
    (573) 366-9308
    3905 N 7th Ave.
    Unit 33126
    Phoenix, AZ 85067-3126


    Pursuant to Rule 28 of the Rules of the Arizona Supreme Court, the Arizona Restorative Justice Coalition (“AZRJC”) respectfully submits this Petition to Amend Rules 17.4 and Rule 38 of the Arizona Rules of Criminal Procedure to Incorporate Limited Restorative Justice Principles.

    AZRJC’s proposed amendments to Rule 17.4 and Rule 38 of the Arizona Rules of Criminal Procedure reflect the heart of its mission to propose restorative justice policies that result in more just outcomes by empowering victims, holding offenders accountable, and making our communities safer. Justice is best achieved when those who are directly impacted by harm are consulted and involved in crafting resolutions that are designed to repair and restore. The proposed amendments, premised on consent and accountability, create discretionary restorative practices for use in victim-defendant settlement conferences that will empower victims and improve outcomes in criminal cases.

    The proposal is supported by the attached Petition.

    The proposed changes to Rule 17.4, 38.1, 38.2, and 38.3 of the Arizona Rules of Criminal Procedure are underlined in the accompanying documents.

    Filed: January 9, 2024

    Would amend Rules 17.4 and 38 of the Rules of Criminal Procedure to incorporate “restorative justice” mechanisms, including voluntary victim/defendant conferences and “restorative justice” agreements between victims and defendants.

    Comments must be submitted by no later than Wednesday, May 1, 2024, and any reply by a petitioner must be submitted no later than Monday, June 3, 2024.
    Attachments
    TBorden
    New Member
    Posts:2 New Member

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    23 Jan 2024 11:57 AM
    Terry Borden
    Arizonans for Rational Sex Offense
    1880 E Morten Ave, Unit 235, Phoenix, AZ 85020
    914-954-7873
    [email protected]


    I support this petition to add restorative justice options to Arizona judicial proceedings. This offers the chance for both offenders and victims to reach mutually agreed resolution of the harm in issue. It will also help reduce pressures on our overtaxed prison system.
    Dianne Post
    New Member
    Posts:3 New Member

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    05 Feb 2024 11:00 AM
    Dianne Post
    1826 E Willetta St.
    Phoenix, AZ 85006-3047
    602 271 9019
    [email protected]
    State Conference NAACP

    When I was getting my BA in Correctional Administration, we were taught all about restorative justice by another name. Then and now research has shown over and over that rehabilitation including restorative justice principles works better than punishment in changing behavior, reducing recidivism, and making safer communities. Unfortunately, for the last 40 years, it has been more politically beneficial to focus on punishment that is discriminatory and has a criminogenic result and harms both offenders and victims, impoverishes families, and makes our communities less safe. We need to turn this ship around as the Kerner Commission told us in 1968. We need to do it now.

    TBorden
    New Member
    Posts:2 New Member

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    07 Feb 2024 02:05 PM
    Patricia Borden, Director
    Arizonans for Rational Sex Offense Laws
    PO Box 10551, Phoenix, AZ 85064
    623-296-2904
    [email protected]

    Arizonans for Rational Sex Offense Laws wholeheartedly supports this rule change petition. As the only nonprofit organization in Arizona empowering people living on the sexual offense registry and their loved ones through education, advocacy, and support, we know first-hand that our communities are no safer despite the imposition of harsher and harsher penalties by the current criminal justice system. On the other hand, Restorative Justice is a system that works - it honors the victims wishes while protecting the rights of victims and the accused alike. It also protects communities by preventing crime since the responsible person can be held accountable in ways which lower recidivism such as various treatment and educational opportunities as opposed to harsh prison sentences.

    This is especially true for the 90% of sexual offenses which are committed by a loved one or someone close to the victim. In these cases, many victims are hesitant to report the abuse because they don’t want the person responsible to go to prison and may not even want them out of their life. And perpetrators are hesitant to seek treatment out of fear of the consequences. Therefore, no one is held accountable, and the offending may continue. Notably, a recent survey of 1500 victims of violent crime shows that 75% of those who report victimization ‘Prefer holding people accountable through options beyond prison, such as restorative justice, community service, and treatment for mental illness or substance use disorders ‘. [http://tinyurl.com/WhatVictimsWant]

    Additionally, extensive research proves Restorative Justice keeps communities safer. For example, see Beyond Fear: The Sex Crimes Podcast, Episode 9: Why Should I Care? (https://beyondfearpodcast.com/2020/09/09/why-should-i-care/) by Dr. Alisa Ackerman and Dr. Alexa Sardinia both of whom are experts on sex crime policy and restorative justice.

    On behalf of our hundreds of participants and the over 14,000 people on Arizona’s sexual offense registry, we urge you to adopt this rule change petition because, by valuing the needs of stakeholders in the criminal justice process, Restorative Justice is an idea whose time has come. We would be happy to answer any questions or provide additional data. Thank you for your consideration.

    Tom Burke
    New Member
    Posts:1 New Member

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    07 Feb 2024 08:06 PM
    I support this petition to add restorative justice options to Arizona judicial proceedings. This offers the chance for both offenders and victims to reach mutually agreed resolution of the harm in issue. It will also help reduce pressures on our overtaxed prison system, and help reduce costs for the State of Arizona.
    Tom Burke
    Email: [email protected]
    Cell: 203-559-9504
    Patricia Boone-Edgerton Longoni
    New Member
    Posts:1 New Member

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    14 Feb 2024 08:09 PM
    PJ Boone-Edgerton Longni
    The Tadini House
    5025 S Ash Ave, #B-15
    Tempe, AZ 85282
    480-590-0919

    I work with families whose loved one is facing a legal situation. I am a family member of children that have faced a serious legal situation. I feel that in most of the cases that I have been involved with that things can be resolved without having to put people away for long periods of time. We need an alternative to locking people up. Additionally, restorative justice principles will help young people -- we all make mistakes and this gives an opportunity to resolve issues without having to lock up our youth for things that if understood could be resolved in a more productive manner other than long years in prison or long years on probation.
    Vicky Campo
    New Member
    Posts:1 New Member

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    16 Feb 2024 01:27 PM
    Vicky Campo
    2021 N. Richland St.
    Phoenix, AZ 85006

    I am a mother and grandmother, writing to support this rule change. Our reliance on mass incarceration is unsustainable, and we must find alternatives. Mass incarceration costs the U.S. $8 billion annually in lost GDP. It destroys families and harms our children. Restorative Justice provides healing and restoration, not punishment and trauma, for both victims and those who cause harm. As the parent of a victim of sexual harm, I know that the justice system is not a safe space for victims. Since 90% of sexual offenses are committed by someone known to the victim, crimes of a sexual nature often go unreported. Restorative Justice offers an option for healing and closure.
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