HB 2564

ON MARCH 23, 2026, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2650, AS AMENDED. AMENDMENT #1 rewrites the bill to, instead, require a notification of a restorative justice option, which is a voluntary, victim-centered process that may include facilitated communication, conferencing, community repair agreements, or other structured accountability and repair practices, provided through a program listed in the directory as described below, for victims in Davidson and Shelby counties as follows:  In applicable cases, the clerk of the court having jurisdiction over criminal cases must use existing resources and forms of communication to provide the standardized notice to a victim in connection with the first court appearance at which the case is pending and the victim is identifiable .  A law enforcement agency that takes the report or is otherwise in contact with a victim may provide the standardized notice electronically or in writing when contact information is available .  An assigned victim-witness coordinator may provide the standardized notice electronically or in writing and may respond to requests for additional information. This amendment provides that t he notification requirements apply in counties for 24 months beginning on November 1, 2026, unless extended by the general assembly. If a directory has not yet been established by November 1, 2026, then the notification requirements will begin once the directory is available. D uring the pilot period, a notifying entity must provide a victim with a standardized notice that includes c ontact information for the directory host so that the victim may request additional informatio n and access the directory , and t he statements required by a standardized notice . The standardized notice is required to state all of the following:  Victim-centered restorative justice options may be available in some cases .  Participation is voluntary and the victim is not required to pursue a restorative justice option .  The decision whether to participate does not limit any rights or remedies available to the victim .  The district attorney general is not required to offer, approve, or delay prosecution based on a victim's request for information or participation in any restorative justice option listed in the directory .  A decision by any person not to participate shall not be the basis for an adverse inference in charging decisions, plea negotiations, sentencing recommendations, or conditions of release .  Participation may have legal implications for any participant. This amendment clarifies that p roviding the standardized notice satisfies the above requirement. A n identified notifying entity is not required to determine eligibility, appropriateness, program availability, or to make a referral. A single notification to the victim satisfies th e notification requirement . This amendment requires a directory that is provided to victims to , at a minimum, include for each listed restorative justice option all of the following :  Contact methods .  Counties served and service modality, including whether service is provided in-person or virtually .  A statement that availability may vary by county and program capacity .  A statement that each restorative justice option included in the directory is currently operating in each pilot county .  A statement that each restorative justice option has established eligibility criteria, screening practices, informed-consent standards, trauma-informed practices, safety planning procedures, and any other protocols that the directory host deems necessary for listing a restorative justice option .  A method for submitting feedback or complaints to the directory host. However, this amendment clarifies that t he directory is informational, and a listing in the directory does not constitute endorsement by this state, a court, a district attorney general, a law enforcement agency, the directory host, the notifying entities, or any other state or local entity. This amendment requires a juvenile court clerk in a county that is part of a pilot project to provide notification of a restorative justice option to a victim, during the pilot period in the following cases: (i) a case in which the juvenile is eligible for adjudication as a serious youthful offender and (ii) a case in which the juvenile is eligible for transfer to criminal court. However, n otification of a restorative justice option by the juvenile court clerk does not relieve a criminal court clerk of th e duty to notify a victim of a restorative justice option. The juvenile court clerk must provide the notification of a restorative justice option required by using existing resources and forms of communication.