SF2200

This Minnesota Senate bill (S.F. No. 2200) establishes confidentiality protections for participants in restorative justice practices. It proposes amendments to Minnesota Statutes by adding a new subdivision to section 13.6905 and creating a new section (595.026) in chapter 595.

Key Provisions:

1. Definitions:

   • Restorative justice practice: A participatory process where individuals who caused harm voluntarily engage with harmed persons and community members to address harm, identify obligations, and reintegrate into society.
   • Restorative justice practice participants: Includes facilitators, harmed persons, those who caused harm, community members, and others involved.

2. Confidentiality:

   • Individual data related to participants are confidential, not subject to discovery, and cannot be used in judicial or administrative hearings.
   • Statements or actions taken during registration, participation, or follow-up in a restorative justice practice remain confidential.

3. Exceptions:

   • Facilitators may provide summary data that does not identify individuals.
   • Compliance with mandatory reporting laws (e.g., child abuse and vulnerable adult reporting) is required.
   • Participants may choose to disclose their own data or authorize others to disclose it.
   • If participation is court-ordered, facilitators may confirm whether a person complied.
   • Evidence remains admissible if it is otherwise legally allowed.
   • Disclosure is allowed to prevent death, great bodily harm, or crimes.
   • Reports of professional violations or abuse related to restorative practice participants may be disclosed.

4. Data Classification:

   • Government data on restorative justice participants will be classified as private data on individuals, meaning access is restricted.

This bill ensures confidentiality in restorative justice processes while allowing exceptions for legal compliance and safety concerns.