FCRJ Regulations and Guidelines

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FAIRVIEW AND COMMUNITY RESTORATIVE JUSTICE
REGULATIONS AND GUIDELINES
Providing our Community with an Effective, Efficient Alternative Justice Program
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INDEX:
1. Name
2. Vision
3. Goals
4. Preamble
5. Principles
6. Governance of Program
6.1
6.2
6.3
6.4
6.5
6.6
Governance Chart
Accountability Reporting Chart
Government and Contract Agreements
Fairview & Area Well Community Action Association
Restorative Justice Coordinator
Volunteer Facilitators
7. Program Operational Structure
7.1 Program Operational Chart
7.2 Code of Ethical Conduct
7.3 Oath of Confidentiality
7.4 Communications Structure
7.5 Program Communication Chart
7.6 Program Coordinator and Facilitators Discipline
7.7 Referral
7.8 Program Coordinator
7.9 Facilitators
7.10 Facilitator Personal Safety
7.11 Fairview and Area Well Community Action Association
8. Definitions and Resources
8.1 Definitions
8.2 Resources
8.2.1 Forms
8.2.2 Contracts
8.2.3 Package Resources
8.2.4 Other Resources
9. Glossary (Key Terms)
Fairview Community Restorative Justice Regulations and Guidelines 2015
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1. Name: Fairview Community Restorative Justice (FCRJ).
2. Vision: Providing the community with an effective, efficient alternative justice program.
3. Goals: To provide the community with an effective, efficient alternate justice program by:



Increasing the levels of empathy between victims and offenders by
addressing harm.
Increasing offenders' level of awareness of impact of accepting responsibility
for crimes committed.
Reduction of recidivism.
4. Preamble: Codes and oaths in this document are considered regulations. All other
articles in the document are meant as guidelines for all those involved in the
administration and delivery of the program, thus better enabling FCRJ to succeed.
5. Fundamental Principles of Restorative Justice(adopted from Susan Sharpe MRJC):
Harm focused





Restorative justice is concerned first and foremost with the harm involved in
wrongdoing. The key principles of restorative justice flow from this emphasis on
harm. What is important in wrongdoing is less about laws that have been
broken than the people have been harmed. This leads to several central
principles:
Harmed persons and their needs become vital to address in the process of
justice.
Harm creates obligations, so wrongdoer accountability is defined as
understanding the harm and taking responsibility to make it right as much as
possible.
Reparation of harm is a central concern of justice.
Both Harm and obligations have community dimensions as well, so the
community role is also important.
Engagement

Restorative justice assumes that harmed persons, wrongdoers, and community
must be involved in the process of justice insofar as that is possible.
Participation in restorative processes must always be voluntary for
victims/persons harmed. Offenders/perpetrators must admit guilt/accept
responsibility and give their informed consent to participating, before engaging
in restorative processes, to prevent any risk of further harm.
Fairview Community Restorative Justice Regulations and Guidelines 2015
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6. Governance
6.1 CHART A - Governance Structure:
Fairview Community Restorative Justice
Fairview Community Restorative Justice
Fairview Community Restorative Justice
Facilitator
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6.2 CHART B - Reporting (Accountability) Structure:
Fairview Community Restorative
Justice Facilitator
Fairview Community Restorative
Justice Coordinator
Fairview Community Restorative
Justice Program
Fairview and Area Well Community
Action Association
Alberta Solicitor General
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6.3 Federal, Provincial, Municipal Governments Acts (Laws of the Land) or contracts and
agency or organization contract/agreements obligations


The program operates within the Laws of the Land and Municipal By-laws.
Program and Funding Contract agreements requiring accountability.
6.4 Fairview and Area Well Community Action Association


Ensures the program operates within the Laws of the Land, Municipal By-laws,
Terms of Reference and/or Contract.
Agreements along within the guidelines, policies, and procedures as provided in
this document.
 Ensures required; post - funding program accountability reports, program funding
proposals are submitted in a timely fashion.
 The Association directly employs its own staff to assist with the administration or
operations of the program.
 The Association is ultimately accountable for the successes and a failing of the

program therefore claims responsibility for approving all budgets, funding and
program proposals.
The Association believes strongly in a collaborative community approach
therefore, is accessible to all individuals, agencies or organizations involved
with or interested in the program and meets the program eligibility criteria.
Recruitment, selection and training of Program Coordinator.

 Program development.
 Overseeing day-to-day program delivery through evaluation of: the program,
contractors, staff and volunteers.

Drafting direct program delivery: contracts, terms of reference, policy, budgets, funding
and program proposals.
6.5 Program Coordinator
 Is directly accountable to the Fairview and Area Well Community Action

Association executive committee, therefore shall follow all reporting as
required.
Is responsible for reporting to Fairview and Area Well Community Action
Association: (Includes; correspondence, direct program contracts, copies of
budgets and financial accounting).
Maintaining office duties and supplies within the prescribed budget.

 Establish and maintain a list of accessible meeting places throughout area

served.
Establishing and maintain a resource list of qualifying community services
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





agencies or organizations throughout the area served, to which community
service hours can be allocated.
Coordinate, manage, monitor and evaluate the Volunteer Facilitators.
Maintain individual Facilitator files.
Maintain client referral and outcome contracts.
Ensure referring agency. get copies of signed completed client
contracts.
Follow up with referring agencies regarding failed forums or participants not
meeting contract obligation.
Responsible for shredding all Volunteer Facilitator notes and disposable
documents held at the Restorative Justice Office.
6.6 Volunteer Facilitators




Are directly accountable to the Program Coordinator therefore shall submit, in a
timely fashion, all signed contract and notes to the Program Coordinator.
Are responsible to maintain their Facilitator Certification by attending (when possible)
refresher meetings or workshops. A facilitator is not allowed to miss three
consecutive meetings. The volunteer role will be up for review and will be up to the
discretion of the Fairview and Area Well Community Action Association with
recommendation of the Program Coordinator to terminate or extend facilitation role.
Submit case by case reports to the Program Coordinator.
Will debrief with Program Coordinator following each case.
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7. Program Operations
7.1 CHART C: - Program Operational Structure:
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7.2 Fairview Community Restorative Justice Code of Ethics Conduct: Reference to draft this
document - Susan Sharp -"Code of Ethics for MRJC Mediators and Case Developers" (MRJC
internet resource) and Simon Fraser Institute - "VOM Training Manual".
NOTE: The following codes apply to entire process of case facilitation from case
development, forum conferencing and case follow-up.
1.
Self-Determination: The Program Coordinator and case facilitators shall recognize the
FCRJ program is based on the principle of self-determination. This principle requires
that the mediation process rely upon the ability of the victim(s) and offender(s) to
have voluntary, unpressured discussions and to reach a voluntary, unpressured
agreement of repairing the harms done. The victim(s), offender(s) and facilitators
have the right to withdraw from the FCRJ process at any time during the process.
Comments: It is inappropriate for the Program Coordinator or case facilitators
to offer, advice to any of the parties with respect to a particular perspective,
course of action, or option.
2.
Impartiality: The Program Coordinator and facilitators shall conduct their contacts
(phone, text or email), case building meetings, and case conferences with one or
more of the parties, (victims, offenders, support persons, witnesses, ECT), in an
impartial manner. The coordinator and facilitators are committed to victim(s) and
offender(s) in a case and shall not perform the role of advocate, adversary, or savoir
nor judge any of the parties. The facilitators shall examine how their own value,
biases, and prejudices might affect their ability to work effectively on a particular
case. If impartiality or the perception of impartiality is not possible, the facilitator
shall withdraw from the case.
Comments: The coordinator and facilitators shall avoid conduct that gives the
appearance of partiality toward one of the parties. The quality of the case
development in all contacts, pre-case interviews and in the case conferences itself is
enhanced when victim(s) and offender(s) have confidence in the impartiality of the
Program Coordinator and facilitators.
3.
Conflict of Interest: The roles and responsibilities of the Coordinator do not present
any cause for conflict of interest however; facilitators shall disclose all actual or
potential conflict of interest reasonable known to him/her and shall decline to work
on the case. Should a conflict of interest arise during the process, the facilitator shall:
suspend the process, and contact the coordinator to withdraw from the case.
Comments: A conflict of interest is a dealing or relationship that might create the
impression of possible bias. The bias approach to a conflict of interest is consistent
with the concepts of client self-determination and facilitators' transparency.
Moreover, the Program Coordinator and facilitators shall not advance any personal,
professional, or business while acting in capacity of the Restorative Justice Program.
4.
Role Conflicts: Under no circumstances or conditions will the coordinator or
facilitators’ function as; attorney, therapist, counselor, or any other professional role
or relationship, to any party during the restorative process.
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5.
Confidentiality: The Program Coordinator and facilitators shall meet the parties'
reasonable expectations to confidentiality. The parties' expectations of
confidentiality are with the program and depend on those on who is in the room for
case development, the conference form and any agreement they make. The
coordinator nor facilitators shall not disclose any matter that a victim or offender
expects to be confidential, unless given permission by that party, or unless required
by law. Exceptions to the rules include disclosers of; child abuse or neglect, uttering
threats to harm or kill another person, any occurrence of a criminal act during the
process or the discloser of a criminal act committed prior and unrelated to the case
before the Restorative Justice Program.
Comments: It is generally acceptable that Case Facilitators are permitted to discuss
the specifics of the case with the Program Coordinator. It also is recognized that, on
occasion, there may be benefit to consulting an outside resource person; it is
expected that the parties identities will not be shared in these discussions.
6. Competence: A person shall prepare or facilitate a case only when he/she has
necessary qualifications to handle what is reasonably likely to arise in the case
process. Training and experience is necessary for effective case development and
facilitating conference forms. All facilitators of the restorative justice program are
expected to commit themselves to the ongoing improvement of their skills not only
through serving as facilitators, but also, through availing themselves to training
opportunities on an on-going basis.
Comment: Know and respect your limits, when contemplating taking on a case.
7. Integrity of the Process: The Program Coordinator and facilitators are responsible for
establishing and maintaining at all times the integrity of the process he or she is
managing. It is the expectation that the entire process is conducted within this
"Codes of Ethics" and "Code of Confidentiality", and is consistent with principles and
goals of the Restorative Justice Program.
8. Co-Facilitating: Co-facilitating cases is the practice of the FCRJ Program. Partially for
skill development and partly for extended safety and accountability. One facilitator is
appointed the lead and the second as more of an observer available to intervene
should it be necessary. Co-Facilitators shall extent every possible courtesy to each
other through the process. Should a disagreement arise as how to proceed, facilitators
will to discuss their differing views in caucus and avoid direct criticism of each other in
front of the parties. If the disagreement remains unresolved the process should be
suspended to a later date. Disagreements or concerns will be reported to the
Coordinator, if solution remains unacceptable the coordinator may, with acceptance
by disputing facilitators, replace one or both facilitators, or convene the Fairview and
Area Well Community Action Association’s Restorative Justice Committee at their
earliest convenient to review the matter to arbitrate a solution.
Comment: Each facilitator who is part of a co-facilitated case team has a
responsibility to keep his or her co-facilitator informed of developments essential to
a cooperative effort.
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9. Respectful Inclusive Conduct: The Program Coordinator and facilitators have a duty to show
courtesy and respect to all parties who are or may become involved in a case. The respect and
courtesy shall extend to all persons, regardless of his or her ethnic background, economic
status, and sexual orientation, level of education, mental capacity, age or appearance. When
possible and with agreement of all parties the coordinator and facilitators will allow an
opportunity for either the victim(s) or offender(s) to include any ceremonial traditions or
cultural practices that either party may feel are important to be honored in the process.
Comments: As a demonstration of courtesy and respect the coordinator and
facilitators shall provide clients full and accurate information about the restorative
justice program process, so each can decide for her/himself whether to continue to
participate or possible. A process that incorporates inclusive options encourages
engagement and reflects fairness.
10. Transparency: The coordinator and Facilitators shall be open, even-handed, and transparent
in all dealing with current and potential participants, while at the same time respecting the
necessity of confidentiality that exists in the restorative justice process.
Comment: For example, once a case has moved to the forum stage, it is
inappropriate to have outside conversation with one party without the prior
knowledge and consent of all parties.
11. Do No Harm: Parties should not be worse off for having been involved in the restorative
justice process. The Coordinator and facilitators working with victims and offenders to repair
harms in a meaningful way need to be sufficiently sensitive to the priorities of the parties
emotional and physical safety, mental fitness and general ability to participate meaningful
process offered.
Comment: As a Program Coordinator or facilitator we need to be aware of the
tremendous privilege and hour that goes along with being asked to intervene in
people's lives. We have a have a duty to make sure we work responsibly, intelligently,
and sensitively in a way that does not bring further harm to any party. {Reference
from Simon Fraser Institute Victim/ Offender Training Manual.}
NOTE: A copy of this document is to be signed and dated by the Fairview Community
Restorative Justice; Program Coordinator and each Volunteer Facilitator. Signed
Copies will be kept on file by each in the FCRJ office. In addition an unsigned copy is
included in the FCRJ Regulations and Guidelines Handbook given for quick reference
to the Coordinator and each of the Facilitators.
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7.3 Fairview Community Restorative Justice Oath of Confidentiality:
Program Coordinator and Facilitators
Oath of Confidentiality
I,_______________________________, acknowledge and agree that any information
obtained by me in the performance of my services is of a confidential nature and that during my
service and thereafter, I agree to:
a.
b.
c.
Hold and keep in confidence all information and not discuss,
communicate or transmit to others, or make any unauthorized
copy or use of the information in any capacity, position or
business unrelated to the Fairview Community Restorative Justice (FCRJ).
Take all reasonable steps that the FCRJ deems necessary or
appropriate to prevent unauthorized use or disclosure of
confidential information.
Abide by all practices and regulations of the FCRJ for the
protection of the information.
Upon completion of forum, I will promptly deliver to FCRJ, all documents, data, records, lists and
other assets of the FCRJ pertaining to the services agreement and I shall not retain any documents,
data or reproduction of such documents of data containing or pertaining to the file.
In the course of forum should information arise that I feel a legal obligation to disclose, such as reports
of child abuse or threats of violence, I will inform the victim and or the offender that the information
will be disclosed. I will then inform the Program Coordinator and appropriate authorities immediately.
Fairview Restorative Justice Facilitator
Fairview Restorative Justice Program Coordinator
Date
Date
A copy of this document will be signed and dated by the Program Coordinator and each Facilitator
and retained in their files held at the Fairview Community Restorative Justice office.
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7.4 Chart D: Program Internal Communication Structure:

Communication is essential to the program success; all levels of those responsible Fairview
Community Restorative Justice are encouraged to freely communicate concerns and
stories to rest of the team.
Communications directed outside the RCMP, referring agent, facilitators and the Program
Coordinator should ensure that the identity of the clients remains confidential.
7.5 Program Communication Chart:
Fairview and
Area Well
Community
Action
Association
Fairview Community
Restorative Justice
Coordinator
Fairview Community
Restorative Justice
Facilitator
Referral Agency
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7.6 Program Coordinator and Facilitators Discipline:
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

The Fairview and Area Well Community Action Association has the responsibility of
imposing disciplinary action, should the Program Coordinator or Facilitator violate one or
more of the above codes.
Disciplinary action will be dependent on the seriousness of the infraction and to whether it
was willful or an unintentional error.
Disciplinary action if any may include:
 Warning
 Further training
 Apologies
 Services declined
7.7 Referrals:

Program Coordinator and Facilitator will determine safety and suitability of case.

Prior to have submitting a case referral the officer in charge will have:
 Assessed the case as to its suitability for Restorative Justice Program including
seriousness of crime, victim/offender attitude and conduct, and whether the case
poses a safety issue for Facilitator’s safety.
 Explained the program to the Victim(s) and Offender(s), including the Victim Offender
voluntary component with its opt-out clause.

A standard form (Appendix C) signed by the Victim and Offender, voluntarily consenting to
have their case handled through the Restorative Justice program.

The initial referral will be submitted to the Program Coordinator.
NOTE: The process of RCMP involvement will be the same, should the Crown or
Court decide to refer a case.
7.8 Program Coordinator:

Assess cases and determine safety and suitability.

On receiving a referred case, will review the content and select two volunteer
Facilitators to facilitate the case. The decision to choose Facilitators will be
considerate of:

Availability of Facilitators

Personal preferences as to type of cases, of Facilitators.

Potential personal bias.
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Call the Victim and the Offender to inform as to:
 The file has been received.
 Reaffirm that they are still volunteering to utilized FCRJ.
 Who their Facilitators are.
 Check as to as whether they are accepting of the selected facilitators.
 Answer any questions concerning the process.
(Transferring of information must be done in such a way to ensure the privacy and security of the Victims and
Offenders.)
Once Victim and Offender meeting(s) have been scheduled, Facilitators will:
 Inform the Program Coordinator of times and place. These details will be recorded and
kept in the secured case file.
 At the earliest convenience, after the process has been completed
 Debrief with facilitators
 Retrieve the signed contract notes and anything else proclaiming to the case
and secure in manner as per this document.
 Copy the signed contract and remit to the referring agency.
 Attend to responsibilities in contract, should there be a connection to FCRJ handlings
(i.e. restitution, set up of community service hours with service provider).
 Conduct a follow up as to the contract condition being met in a timely fashion.
 Inform case facilitators of the outcomes of the contract.
 Shred information and file reports as per accountability structure.
 For a case that fails to reach a signed contract:
 Meet with the case facilitator to chart the course of action based on options
suggested through training.
7.9 Facilitators



Conduct all duties within the Code of Ethics. (Article 7.2)
Receive and review case from Program Coordinator.
Report to Program Coordinator any conflicts that are or may be or perceived to be present
with the case.
Upon acceptance of the case

Connect with co- facilitator to plan individual roles and responsibilities.

Set up meeting times and neutral place(s) which are convenient for all parties involved
(facilitators, victim(s), offender(s), parent/guardian, and possible others support persone1
i.e. Social service agent, interpreter. (Note: Meeting in a private residence is not
recommended only under exceptional circumstances should this occur and only if two
facilitators can be present for entire meeting.)

Set-up pre-interviews, (case preparation with victim and offender, parent/guardian of
young offenders or victim(s) and victim offender forums for the same day.

For all pre-interviews and Restorative Community Circle Process (RCC) utilize the skills
and procedures gained through training.
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
Explain principles and procedure you plan to follow and ensure all participants are
committed to the process.

Obtain written permission (form available), from a parent or guardian for young
offenders to participate in the program. Note: A parent or guardian must give permission
for the young offender to participate regardless of their plan to sit in on the forum.
Once the RCC process is complete and a signed contract is in place:

Spend time as co- facilitators debriefing. (Discuss the forum - what worked well? - what
you could have done differently?)

Complete evaluation; return all documents, notes and the contract to the Program
Coordinator as soon as possible.

Verbally fill in the Program Facilitator as to how the process went.

Follow-up will be overseen and completed by the Program Coordinator. (She/he will
inform the involved Facilitators, of the contract outcomes.)
In a case where either the victim or offender expresses the desire to opt out of the RCC
process:

Are obligated to accept their decision and end the process.

If the party's reason to opt out is unclear you may inquire privately after dismissal or the
other party as to the reasoning. Assure the participant the purpose of
gathering such information is only for improving FCRJ.
Should one or both facilitators feel there is little or no chance of a forum getting to a
unpressured signed contract and the usual processes have been exhausted the forum
should be halted.
Explain to the parties the need to meet with the Program Coordinator and referral agency
to discuss the best way to move forward and that the parties will be contacted in the near
future.
At the earliest convenience meet with the Program Coordinator to decide whether to
proceed with the forum, restart the process with different facilitators, or to return the
case to the referring agency. (Note: Failure to reach a signed contract is not a sign of failure
but allowing anyone to be re-victimized or victimized is.)



When the process is complete:

Prepare a brief report about the process without names of victim(s), offender(s)or other
involved persons or any other personal data which may reveal the identity of the clients.
Include such things as; ease of the case, attitudes, what worked well and what didn't
work.

Submit the report to the Program Coordinator for which the information given may be
used for:
 Future training purposes.

Evaluation, further program development and relating accountability of the program
by all levels of governance.
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7.10 Facilitators Personal Safety
NOTE: The RCMP and The Court have stated that prior to referring a case to FCRJ they will
have assessed, to the best of their ability, the safety issues posed by the referral to
facilitators. They will not refer a case if they believe it may present a safety issue.
• Personal safety tips:
 Use first names only when calling to set up case development and victim
offender forums.

When possible and convenient, make calls from a public phone or the FCRJ office

*67 your call if making from your private phone (dial *67 wait for the dial tone and
dial the victim or offender number) this prevents your name and number from
showing up on call display phones.
Not jeopardizing the case A standard answer for any questions not directly related to the
process posed by a victim or offender outside the case development meeting or forum, "I am
sorry I am not at liberty, to discuss that"
7.11 Fairview and Area Community Action Association
• Is limited in its program operations responsibilities to:
• Monitoring and evaluating through reports from the Program Coordinator.
 Developing the program regulations and guidelines.
 Providing the means for further training.
 Interceding and imposing internal discipline action.
 Periodic review of the programs progress reports
 Securing, maintaining and endorsing program funds
8. Reference Materials
8.1 Definitions
 Regulations - law must be adhered to
 Guidelines - articles which are meant to guide users in following
procedures
 FCRJ - Acronym for Fairview Community Restorative Justice
FAWCAA – Acronym for Fairview and Area Community Action Association
RCC - Acronym for Restorative Community Circle
 Fairview Community - inclusive of the area served by the Fairview R.C.M.P
Detachment - County of Clear Hills # 21, MD #136, Village of Hines Creek and
Town of Fairview.
8.2 Forms, Personal Contract Copies, Resource Lists (included in Program
Coordinator and Facilitators Packages)
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8.2.1 Blank Forms:
 RCMP.
 Alternative justice referral form (Blank) includes
parental/guardian permission for young offenders’
participation).


FCRJ parental/guardian permission for young offenders’
participation.
Victim offender contract.
8.2.2 Personal Contracts:
 Signed Program Coordinator or Facilitators Oath
 Signed Program Coordinators or Facilitators Code of Ethics
 Signed Oath of Confidentiality
8.2.3 Resource Contact Lists:
 FCRJ Facilitator check list.
 FCRJ team.
 Emergency services
 Supervised hours- community services agencies and organizations.
 Available short-term counseling services.
 Possible short-term programs.
 Case preparation and forum facilities.
8.2.4 Other Reference Material: (Either included in Program Coordinator and
Facilitators packages or available for borrowing Fairview and Area
Resource Centre - FCRC office).
 “Inviting Dialogue”, training manual
 Susan Sharpe's “Book Restorative Justice”.
 Facilitator’s short-list question checks
 John Howard Society of Alberta’s “Victim-Offender “.
 Reconciliation Programs - info pages.
 MRJC Info pages.
 *Young Offenders Act.
 **Young Offender Restorative Justice Program’s videos and literature.
 *Coming Soon - other Resource books and
videos
NOTE: FCRJ team members will be informed, as other resources become available.
Fairview Community Restorative Justice Regulations and Guidelines 2015
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