Minnesota Passes Landmark Restorative Justice Confidentiality Law
In May 2025, Minnesota Governor Tim Walz signed into law a groundbreaking bill (HF 104 / SF 2200) that establishes confidentiality protections for participants in restorative justice programs. This legislation ensures that statements made during restorative justice sessions are inadmissible in both civil and criminal court proceedings, akin to the confidentiality between attorneys and clients.
The law was championed by sexual assault survivors and advocates, including Sarah Super, who emphasized the need for alternative avenues for survivors to heal and for those who caused harm to step into meaningful accountability. Super highlighted that many survivors seek understanding and closure rather than traditional punitive measures.
Restorative justice programs offer a confidential, supportive space for dialogue between those harmed and those who have caused harm and are ready to take responsibility. They provide an alternative to punitive systems that encourage an offender to deny or minimize the harm, which rarely leads to healing nor meaningful repair. By enabling honest exchanges without fear of legal consequences, there is a chance that victims can speak to the impact of the behavior used against them, and the one responsible can listen without feeling they need to defend themselves.
The legislation includes exceptions to confidentiality in cases where disclosure is necessary to prevent future death, bodily harm, or criminal activity, and for mandatory reporting of child or vulnerable adult maltreatment to remain in place for ongoing harm or future risk.