Minnesota Legislature
2025-2026 Regular Session
Limited confidentiality established for restorative justice participants
A privilege has been established for communications that take place within restorative justice programs, similar to confidentiality protections between attorneys and clients or doctors and patients.
Restorative justice programs allow an offender to meet with the victim or victims of their crimes and other community members to discuss the impact of the offense. In some cases, a prosecutor will dismiss a case if the person successfully completes a restorative process and in others a court may order participation as part of a sentence.
The law’s intent is to encourage program participants to share honest information with other parties without fear the information could be used against them.
Under the law that takes effect Aug. 1, 2025, a restorative practice participant will be prohibited from disclosing any communication, documents, or other information made or used in the course of the program.
Several exceptions and limitations to privileged communications are provided for, including:
• the prohibition does not exempt mandatory reporters from complying with existing statutes requiring reporting of maltreatment of children or vulnerable adults;
• establishing exceptions allowing disclosure of information necessary to prevent reasonably certain death, great bodily harm or criminal activity;
• allowing disclosure when the information relates to professional misconduct by a participant; and
• allowing disclosure of information to verify to a court that a person ordered to participate in a program is participating.
A cross-reference will be added to the Government Data Practices Act, thus classifying individual data on restorative practice participants as private.
Grantees who receive state funds to conduct restorative practice programs will be required to report data on recidivism, public safety impacts, and financial investments in restorative practices to the Restorative Practices Office.
Rep. Sandra Feist (DFL-New Brighton) and Sen. Sandra Pappas (DFL-St. Paul) are the sponsors.
HF104/SF2200*/CH24