24-5-511. Privileged communications in victim centered practices or victim-offender dialogues.

1. (a)

   As used in this Code section, the term:#

   1. (1)

      “Facilitator” means a person who is trained to facilitate a victim centered practice or victim-offender dialogue.#

   2. (2)

      “Party” means a person, including a facilitator, a victim, an offender, a community member, and any other participant, who voluntarily consents to participate with others in a victim centered practice or victim-offender dialogue.#

   3. (3)

      “Proceeding” means any legal action subject to the laws of this state, including, but not limited to, civil, criminal, juvenile, or administrative hearings.#

   4. (4)

      “Victim centered practice” or “practice” means a gathering in which parties gather to identify and respond to wrongdoing, repair harm, 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.#

   5. (5)

      “Victim-offender dialogue” or “dialogue” means a process in which the victim of a crime, or his or her surviving family members, and the offender who committed the crime meet in a secure setting to engage in a dialogue facilitated by a facilitator with the goal of repairing harm and addressing trauma.#

2. (b)

   1. (1)

      Any communication or action made at any time while preparing for or participating in a victim centered practice or a victim-offender dialogue or as a follow up to such practice or dialogue, or the fact that such practice or dialogue has been planned or convened, shall be privileged and shall not be referred to, used, or admitted in any proceeding unless such privilege is waived. Such waiver may be made during the proceeding or in writing by the party or parties protected by the privilege. Privileged information shall not be subject to discovery or disclosure in any judicial or extrajudicial proceeding and shall not be subject to public inspection as provided by Article 4 of Chapter 18 of Title 50.#

   2. (2)

      Parties of a victim centered practice or victim-offender dialogue may refuse to disclose communications relating to a victim centered practice or victim-offender dialogue and prevent others from disclosing such communications.#

   3. (3)

      Any waiver of privilege shall be limited to the participation and communications of the waiving party only, and the participation or communications of any other party shall remain privileged unless waived by such other party.#

3. (c)

   Evidence that is created or discovered outside of the victim centered practice or victim-offender dialogue shall not become inadmissible or protected from discovery solely because it was discussed or used in a victim centered practice or victim-offender dialogue.#

4. (d)

   1. (1)

      The privilege afforded by this Code section shall not extend to a situation in which:#

      1. (A)

         There are threats of imminent violence to self or others; or#

      2. (B)

         The facilitator believes that a child is being abused or that the safety of any party or other person is in danger.#

   2. (2)

      A court, tribunal, or administrative body may require a report on a victim centered practice or victim-offender dialogue, but such report shall be limited to the fact that a practice or dialogue has taken place and whether further practices or dialogues are expected.#

5. (e)

   The privilege created by this Code section shall not be grounds to fail to comply with mandatory reporting requirements as set forth in Code Section 19-7-5 or Chapter 5 of Title 30, the “Disabled Adults and Elder Persons Protection Act.”#

6. (f)

   No facilitator shall be held liable for civil damages for any statement, action, omission, or decision made in the course of a victim centered practice or victim-offender dialogue unless that statement, action, omission, or decision is:#

   1. (1)

      Grossly negligent and made with malice; or#

   2. (2)

      Made with willful disregard for the safety or property of any party to the victim centered practice or victim-offender dialogue.#

Reading note: a word broken across two lines in the printed volume was joined by rule and could not be checked against the volume's own vocabulary. The official page linked below settles any doubt.