| 1 | Representative Garcia offered the following: |
| 2 |
|
| 3 | Amendment (with title amendment) |
| 4 | Remove lines 105-153 and insert: |
| 5 | appropriate. If, following a needs assessment, the child is |
| 6 | found to be in need of mental health services or substance abuse |
| 7 | treatment services, the department shall cooperate with the |
| 8 | child's parent, custodian, or legal guardian and the Department |
| 9 | of Children and Family Services, as appropriate, to identify the |
| 10 | most appropriate services and supports and available funding |
| 11 | sources to meet the needs of the child. |
| 12 | (10) RESTORATIVE JUSTICE.-- |
| 13 | (a) It is the intent of the Legislature that the juvenile |
| 14 | justice system advance the principles of restorative justice. |
| 15 | The department shall focus on repairing the harm to victims of |
| 16 | delinquent behavior, ensuring that the child understands the |
| 17 | effect of his or her delinquent behavior on the victim and the |
| 18 | community, and restoring the loss suffered by the victim. The |
| 19 | department shall ensure that victims of juvenile crime are |
| 20 | afforded all rights as enumerated in the State Constitution, |
| 21 | chapter 960, and this chapter. |
| 22 | (b) Offender accountability is one of the basic principles |
| 23 | of restorative justice. The premise of this principle is that |
| 24 | the juvenile justice system must respond to delinquent behavior |
| 25 | in such a way that the offender is made aware of and takes |
| 26 | responsibility for repaying or restoring loss, damage, or injury |
| 27 | to the victim and the community. This goal is achieved when the |
| 28 | offender understands the consequences of delinquent behavior in |
| 29 | terms of harm to others, and when the offender compensates for |
| 30 | the harm, loss, or damage through restitution, community |
| 31 | service, or other appropriate payback. |
| 32 | (11) OVERREPRESENTATION OF SPECIFIC GROUPS OF YOUTH.--When |
| 33 | specific groups of youth are overrepresented based upon their |
| 34 | gender, ethnicity, or socioeconomic status in the juvenile |
| 35 | justice system, the department shall examine and revise its |
| 36 | strategies, policies, and practices to ensure that all youth are |
| 37 | treated equally, without jeopardizing public safety. The |
| 38 | department shall solicit input from community stakeholders and |
| 39 | affected citizens to assist in the modification of strategies, |
| 40 | policies, and practices to reduce overrepresentation. For the |
| 41 | purpose of this subsection, the term "overrepresented" means a |
| 42 | condition whereby a larger proportion of a particular group of |
| 43 | youth is present at any stage of the juvenile justice system |
| 44 | than would be expected based upon their percentage of the |
| 45 | overall youth population in this state. |
| 46 |
|
| 47 | ====== T I T L E A M E N D M E N T ===== |
| 48 | Remove lines 13-15 and insert: |
| 49 | the principles of restorative justice; requiring that the |
| 50 | department to revise its strategies, policies, and |
| 51 | practices to ensure that all youth are treated equally, |
| 52 | without jeopardizing public safety, when specified groups |
| 53 | of youth are overrepresented; defining the term |
| 54 | "overrepresented"; |