Current through Register Vol. 63, No. 9, September 1, 2024
(1) Participation
in a facilitated dialogue case is voluntary for the crime victim or survivor
and the inmate.
(2) A facilitated
dialogue process can only be initiated by a crime victim or survivor.
(a) Inmate requests for a facilitated
dialogue will not be considered by the department, except to the extent that
they will be kept on file by the department in the event that an inmate's crime
victim or survivor contacts the program.
(b) Crime victim or survivor requests will be
considered only in relation to those crimes for which the inmate has exhausted
or elected not to pursue all appeals, Board of Parole and Post-Prison
Supervision administrative actions, and other legal remedies that are available
to challenge the validity of the inmate's conviction and sentence.
(c) Crime victim or survivor requests may be
considered for harms arising from non-adjudicated crimes if all other
eligibility criteria is met.
(3) Professionally trained program
facilitators with a background in related fields will conduct the facilitated
dialogues. The facilitated dialogue process will be confidential, unless all
parties agree in writing otherwise.
(4) Pre-dialogue preparation, including
careful screening of parties to ensure safety and identify appropriate support
networks, is a critical part of the facilitated dialogue process and can take
months or even years to complete. Post-dialogue follow-up is essential to a
successful process and could include assistance in accessing appropriate
aftercare and therapeutic support. On-going evaluation of the dialogue process,
program facilitators and overall program policies and procedures is critical to
ensuring a quality process for the parties involved.
(5) All participants in the program and
process, the crime victim or survivor, inmate, support persons, staff, or
program facilitators may suspend their participation in the program or in a
particular facilitated dialogue process at any time for any reason.
(6) Upon request participants must consent to
disclosure of mental health information:
(a)
As a requirement of program participation, the crime victim or survivor and the
inmate may be asked to consent in writing to the disclosure of information
related to their current psychological state, emotional strengths and
weaknesses, predisposition to violence, including but not limited to any DSM-V
diagnoses, to any program staff, program facilitators, or advisory committee
members involved in their particular facilitated dialogue. The information will
be used only to evaluate the appropriateness of the crime victim's or
survivor's and the inmate's participation in the program.
(b) The crime victim or survivor or inmate
may withdraw their consent to disclosure of their mental health information at
any time in the facilitated dialogue by delivering a written revocation to the
program staff or program facilitators involved in conducting a dialogue. Such a
revocation by either the crime victim or survivor or the inmate may result in
the Victim Services Program Coordinator taking steps to terminate the
facilitated dialogue. The consent to disclosure of mental health information
shall be limited in scope to the specific needs of a facilitated dialogue.
(c) The consent to disclosure of
mental health information shall automatically terminate upon termination of the
facilitated dialogue.
(7) The Facilitated Dialogue Program is not
designed to be a replacement for professional counseling or therapy for any of
the participants. Participants are encouraged to consult with a professional
counselor or therapist to address any personal emotional or mental health
issues.
(8) Facilitated Dialogue
Participation Agreements: As a requirement of program participation any crime
victim, survivor, inmate, program facilitators, support and other persons who
will be involved in the dialogue process must enter into and agree to abide by
the terms and conditions of program participation as set forth in a
Participation Agreement and Facilitated Dialogue Confidentiality Agreement that
will be prepared by the Facilitated Dialogue Program.
(9) Suspension/Termination of a Facilitated
Dialogue Process:
(a) Program facilitators
and Victim Services Advisory Committee members will immediately suspend a
facilitated dialogue by having no contact with the victim, survivor, or inmate
upon a decision being made by the functional unit manager or designee that
there has been a violation or failure to abide by Victim Services Program rules
or agreements for any reason by any participant.
(b) If a facilitated dialogue is suspended,
the crime victim or survivor and the inmate are prohibited from contacting each
other while the process is suspended without the prior express approval of the
Facilitated Dialogue Program.
(c)
Termination: The Facilitated Dialogue Program may terminate a facilitated
dialogue process, including a process that has been suspended, for any reason.
The Facilitated Dialogue Program decision is final, and not subject to further
review by the crime victim or survivor or by the inmate.
Statutory/Other Authority: 179.040, 423.020, 423.030 &
423.075
Statutes/Other Implemented: 179.040, 423.020, 423.030 &
423.075
