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PRIOR PRINTER'S NO. 2040 PRINTER'S NO. 2820
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1671
Session of
2025
INTRODUCED BY RABB, D. WILLIAMS, KRAJEWSKI, HILL-EVANS, SANCHEZ,
RIVERA, MAYES, WAXMAN AND HANBIDGE, JUNE 25, 2025
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JANUARY 28, 2026
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in sentencing, further
providing for sentencing generally and providing for
restorative justice.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9721(a) of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph to read:
§ 9721. Sentencing generally.
(a) General rule.--In determining the sentence to be imposed
the court shall, except as provided in subsection (a.1),
consider and select one or more of the following alternatives,
and may impose them consecutively or concurrently:
* * *
(8) Restorative justice.
* * *
Section 2. Title 42 is amended by adding a section to read:
§ 9726.1. Restorative justice.
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(a) Restorative justice as exclusive sentence.--The court
may sentence a defendant to undergo restorative justice
exclusively if the court, after considering the nature and
circumstances of the crime committed by the defendant and the
history and character of the defendant, determines that
restorative justice alone is appropriate.
(b) Restorative justice as additional sentence.--The court
may sentence a defendant to undergo restorative justice in
addition to another sentence, involving total or partial
confinement or probation, if the court determines that
restorative justice is specially adapted to the deterrence of
the crime involved or the correction of the defendant.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Circle." A versatile restorative practice that can be used:
(1) proactively to develop relationships and build
community; or
(2) reactively to respond to wrongdoing, conflicts and
problems.
"Conference." A structured meeting among individuals who
have caused harm, individuals who have been harmed and the
family and friends of these individuals, in which they deal with
the consequences of a crime or wrongdoing and decide how best to
repair the harm.
"Facilitator." An individual who is trained to facilitate a
restorative justice practice.
"Restorative justice." A gathering, such as a conference or
circle, in which individuals who have caused harm, individuals
who have been harmed, community stakeholders and a facilitator
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collectively gather to identify and repair the harm to the
extent possible, address trauma, reduce the likelihood of
further harm and strengthen community ties by focusing on the
needs and obligations of all parties involved through a
participatory process.
Section 3. This act shall take effect in 60 days.
AMENDING TITLE 42 (JUDICIARY AND JUDICIAL PROCEDURE) OF THE
PENNSYLVANIA CONSOLIDATED STATUTES, IN COMMENCEMENT OF
PROCEEDINGS, PROVIDING FOR RESTORATIVE JUSTICE.
THE GENERAL ASSEMBLY OF THE COMMONWEALTH OF PENNSYLVANIA
HEREBY ENACTS AS FOLLOWS:
SECTION 1. CHAPTER 89 OF TITLE 42 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED BY ADDING A SUBCHAPTER TO READ:
SUBCHAPTER E
RESTORATIVE JUSTICE
SEC.
8961. DEFINITIONS.
8962. RESTORATIVE JUSTICE.
§ 8961. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"ACCOUNTABILITY." THE ACTIVE PROCESS THAT IS UNDERTAKEN BY
AN INDIVIDUAL WHO CAUSED HARM TO DEMONSTRATE REMORSE IN
PRACTICE.
"COMMUNITY CONFERENCE." A CONSENSUAL HEALING DIALOGUE
ORGANIZED TO ADDRESS THE EXPERIENCE AND NEEDS OF ALL PARTIES
INVOLVED, AS IT RELATES TO THE IMPACT OF CRIMINAL ACTS COMMITTED
BY AN OFFENDER, TO PROVIDE A RESTORATIVE PLAN TO HEAL AND REPAIR
HARM.
"CONSENSUAL H EALING D IALOGUE." A VOLUNTARY PROCESS THROUGH
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WHICH PARTIES REPAIR THE HARM CAUSED BY THE OFFENDER AND WITHIN
THE OFFENDER BY USING RESTORATIVE JUSTICE PRACTICES AND A
RESTORATIVE PLAN, AVOIDING THE INVOLVEMENT OF THE CRIMINAL
JUSTICE SYSTEM.
"FACILITATOR." A PRACTITIONER OF RESTORATIVE JUSTICE WHO
ENTERS INTO THE RESTORATIVE JUSTICE PROCESS UNDER SECTION
8962(C) (RELATING TO RESTORATIVE JUSTICE).
"RESTORATIVE JUSTICE." A PROGRAM WHICH EMPHASIZES REPAIRING
THE HARM DONE TO INDIVIDUALS AND THE COMMUNITY AT LARGE BY THE
CRIMINAL ACT COMMITTED BY AN OFFENDER. THE TERM INCLUDES:
(1) COMMUNITY CONFERENCES.
(2) CONFLICT RESOLUTION.
(3) COUNSELING.
(4) COMMUNITY SERVICE.
(5) VICTIM-OFFENDER CONFERENCES.
(6) VICTIM-OFFENDER MEDIATION.
(7) FAMILY OR GROUP DECISION-MAKING CONFERENCES.
(8) VICTIM IMPACT PANELS.
§ 8962. RESTORATIVE JUSTICE.
(A) FINDINGS.--THE GENERAL ASSEMBLY FINDS AND DECLARES AS
FOLLOWS:
(1) RESTORATIVE JUSTICE IS AN EFFECTIVE ALTERNATIVE TO
SENTENCING INDIVIDUALS WHO HAVE COMMITTED A CRIME BY
PROVIDING AN OPPORTUNITY FOR THE OFFENDER TO ACCEPT
ACCOUNTABILITY AND RESPONSIBILITY FOR THE HARM CAUSED AND TO
ENGAGE WITH VICTIMS AND THE COMMUNITY TO REPAIR THE HARM.
(2) RESTORATIVE JUSTICE HAS BEEN SHOWN TO PREVENT
FURTHER CRIMINAL ACTIVITY BY OFFENDERS.
(3) IT IS THE POLICY OF THIS COMMONWEALTH THAT
RESTORATIVE JUSTICE BE USED WHENEVER POSSIBLE TO:
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(I) RESOLVE CONFLICTS AND DISPUTES BY MEANS OF A
NONADVERSARIAL COMMUNITY PROCESS.
(II) ENSURE THAT OFFENDERS ARE DIVERTED FROM AND
HELD ACCOUNTABLE OUTSIDE OF THE CRIMINAL JUSTICE SYSTEM.
(III) ENCOURAGE THE HEALING OF ALL PARTIES AFFECTED
BY CRIME.
(B) RESTORATIVE JUSTICE AS PRETRIAL DIVERSION.--SUBJECT TO
SUBSECTION (C), A DISTRICT ATTORNEY, JUDGE OR HEARING OFFICER
SHALL USE RESTORATIVE JUSTICE AS A PRETRIAL DIVERSION FOR ANY
OFFENDER, INCLUDING INDIVIDUALS CHARGED WITH LOW-LEVEL
NONVIOLENT OFFENSES, FIRST-TIME OFFENDERS, MINORS, STUDENTS AND
INDIVIDUALS WITH DOCUMENTED EDUCATIONAL NEEDS OR A DIAGNOSIS
UNDER THE DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISORDERS,
5TH EDITION: DSM-5, 2013, PUBLISHED BY THE AMERICAN PSYCHIATRIC
ASSOCIATION.
(C) CONSENT BY ALL PARTIES.--EXCEPT FOR OFFENSES UNDER 18
PA.C.S. § 4952 (RELATING TO INTIMIDATION OF WITNESSES OR
VICTIMS), RESTORATIVE JUSTICE MAY BE USED AS A PRETRIAL
DIVERSION IF THE DISTRICT ATTORNEY, OFFENDER AND VICTIM OF THE
OFFENDER EACH AGREE TO ENTER INTO THE RESTORATIVE JUSTICE
PROCESS UNDER SUBSECTION (A) WITH A FACILITATOR.
(D) RESTORATIVE JUSTICE PROCESS.--THE RESTORATIVE JUSTICE
PROCESS CONSENTED TO UNDER SUBSECTION (C) SHALL INCLUDE A
RESTORATIVE PLAN TO REPAIR THE HARM WHICH IS AGREED TO BY ALL
PARTIES AND A TIME LIMIT FOR COMPLETION OF THE PLAN.
(E) CONFIDENTIALITY.--
(1) EXCEPT AS PROVIDED UNDER PARAGRAPH (2), ALL
MEMORANDA, WORK NOTES OR PRODUCTS, CASE FILES OR PROGRAMS,
DATA AND COMMUNICATIONS RELATED TO THE RESTORATIVE JUSTICE
PROCESS ARE CONFIDENTIAL AND SHALL NOT BE SUBJECT TO
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DISCLOSURE IN ANY JUDICIAL OR ADMINISTRATIVE PROCEEDING
UNLESS ALL PARTIES TO THE COMMUNICATION WAIVE THE PRIVILEGE.
(2) CONFIDENTIALITY UNDER PARAGRAPH (1) SHALL NOT APPLY:
(I) IF AN OFFENDER COMMITS A CHARGEABLE OFFENSE
DURING THE RESTORATIVE JUSTICE PROCESS THAT GOES BEYOND
THE SCOPE OF SUBSECTION (B).
(II) TO ANY COMMUNICATION RELATED TO THE MANDATORY
REPORTING OF CHILD ABUSE OR NEGLECT.
SECTION 2. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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