“Restorative Justice” in Colorado Criminal Cases – What is it?

Restorative justice (RJ) is an alternative to traditional criminal- or juvenile prosecution in Colorado. If you are admitted into a restorative justice program, you are brought face-to-face with your victim(s) and trained facilitators to discuss the case and what measures you can take to make things right. If you follow through, the criminal charges get dismissed and sealed.

1. Am I eligible for restorative justice in Colorado?

The eligibility criteria for restorative justice programs vary by county. In general, these programs disqualify you if you are accused of:

• class 1 or 2 felonies,
• sex offenses,
• violent offenses, or
• domestic violence

Common charges in restorative justice cases include theft, burglary, criminal mischief (destruction of property), and harassment. Restorative justice is particularly geared toward young, first-time misdemeanor offenders to help them get back on track without marring their criminal record. However, adults of any age can be eligible if you admit your wrongdoing and are willing to make up for it.¹

2. How can I be considered for restorative justice?

Have your attorney contact the district attorney’s office to ask if you can be considered for restorative justice. No one is guaranteed acceptance into the program in Colorado.

3. What happens during a restorative justice session?

If you are accepted for a restorative justice program in Colorado, you go to a room with:

• trained facilitator(s),
• the victim(s),
• support people, and
• community members.

The room is more like a therapist’s office than a courtroom. Everyone gets to speak (“group conferencing”), and the victims will discuss how your actions impacted them. By the end of the group conference, you sign a contract where you agree to carry out certain terms. Once you complete these terms, the conflict center informs the district attorney that the restorative justice process is finished. Then, your case gets dismissed and sealed.²

4. What punishments will I have?

Every Colorado case is different, and restorative justice practices allow for creative solutions. Standard measures defendants agree to take are:

• paying restitution to the victim,
• completing community service for a charity or fundraiser of the victim’s choice,
• completing a course of counseling, and/or
• writing a remorseful letter.³

5. What are the benefits?

Restorative justice in Colorado accomplishes many goals:

• giving the victim a chance to be heard by you to drive home how much the crime hurt and affected them;
• allowing you to apologize and even “make peace” with the victim;
• staying out of the courtroom and away from law enforcement, which can be demoralizing and dehumanizing to both you and the victim;
• crafting a solution tailored to the victim’s needs and your abilities rather than having a judge impose a sentence that does not help you or the victim;
• instilling a sense of hope, purpose, and redemption in the community by taking constructive steps forward rather than litigating a past wrong; and
• keeping your criminal record clean because, once you finish your duties, your case gets dismissed and sealed.

Restorative Justice has also been shown to reduce the recidivism rate and therefore improve public safety.⁴

6. What happens if I break my contract?

If you do not complete the terms of your restorative justice contract in Colorado, you will be placed back into the juvenile- or criminal justice system. Then your case will proceed as normal with the risk of you getting convicted and sentenced.

Additional Resources

• RJ programs and providers – Database that allows you to search for restorative justice programs in Colorado.
• Denver District Attorney’s Office – Official website for the chief prosecutor of the County of Denver.
• Colorado Circles for Change – Organization that helps vulnerable people stay out of the criminal justice system.
• Colorado Courts on Restorative Justice website – Brief overview of the Colorado Coordinating Council on Restorative Justice.
• Restorative Denver – RJ program headed by the Conflict Center and the Denver District Attorney’s Office.

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Legal References