
RESTORATIVE JUSTICE MODEL
REPARING THE HARM
The BARJ model asks 3 questions:
- What is the harm?
- What is going to be done to repair it?
- Who is going to do it?
BARJ requires viewing crime through a "new lens." The traditional view of punishment or treatment does not address the real issue of how and the responsibility to make it right. The model recognizes 3 clients with different needs and responsibilities. They are the victim, the offender and the community. All three play an active role in the process.
In summary, Restorative Justice consists of the following components and concepts:
Restorative Accountability - is the sanctioning goal of the Balanced And Restorative Justice (BARJ) Model. It requires that every effort be made by offenders to restore losses to victims and communities. This program will ensure that:
- Offense specific counseling occurs
- Empathy for victims is developed
- Youths are held accountable for lifestyle changes
- Treatment goals require specific individual behavioral change, not just "good behavior"
- No excuses for violence or victimization are accepted
- Youths are held accountable for applying counseling techniques to their daily lives
- Partnerships with local victim groups are formed with the common goal of having no more victims
Accountability - is developed through holding youths responsible for their actions, within the program, and for the behaviors that got them into trouble. The ABDIP model addresses accountability, not as a component but as the fiber of the program. The Positive Peer Environment develops leadership and accountability. Youths will address consequences for inappropriate behavior and incentives for being on target. The key element in assessing appropriateness is the Individual Performance Plan and the evaluation format. The IPP will identify areas of need and the evaluation components will define success. Results will be determined through the assessment of behaviorally defined outcome. Pre and post-testing will comprise the majority of measurement. Staff members' evaluations will be performed as detailed in "Data Collection and Methodology."
Accountability to the victims and community is a cornerstone of the program. The material, physical and emotional needs of victims will be addressed. Victim empathy and awareness are taught through various means. First, youths will discuss issues in their own lives in which they were victimized. Role-playing techniques, cognitive processing techniques and the Positive Peer Environment will be employed. Through these techniques, a sense of ownership for victimization of others will be realized. The following victim oriented services include:
- Payment of restitution
- Victim updates on youth's status
- Victim impact panels
- Victim apology letters and audio tapes
- Victim awareness curricula
- Victim notification (Policy #12.01)
- Reparation process (deals with victimization within the facility by youths.)
Public Safety - is presented with the assertion that the public has a right to be safe and secure. Youths must acknowledge the harm and disruption they have caused and must take action to repair it. The staff and community, under close supervision, should work in partnership with youth to ensure protection while youths are in the facility or community.
Community refers to the group of individuals inside and outside of the facility. Community safety occurs when:
- Youths form pro-social therapeutic bonds with adults
- Youths are held accountable for acts of victimization inside and outside of the facility
- Staff closely supervises youth
- Staff provides structure
- Community safety is considered when youths are in the community, on home visits or release
- Youths are involved in community programs that teach victim awareness, drug and alcohol education and sexual/physical abuse education.
- The program provides awareness and education for community agencies and individuals
- The staff imposes sanctions for students who break the rules
Public safety will be provided within the program through intensive supervision and highly structured activities. Formal head counts will be performed six times per day, informal head counts four times per day and movement counts whenever the youth move through the building. Should an escape occur, escape procedures will be implemented immediately, including the notification of law enforcement personnel, the DJJ, the I.G., the family and victims
Competency Development - is the rehabilitative goal. Its goal is to empower youths to return to the community as responsible and productive citizens. It is the program's responsibility to prepare youths for successful community reintegration.
- It provides vocational education and training that is reflective of the current job market
- It encourages academic success
- It teaches vocational competencies
- Youths learn to get and keep jobs
- The program works with the community to develop jobs
- Youths learn to communicate, manage their anger, use community resources, solve problems without violence and work in concert with adults and other youth
- Vocational programs gear youth for real jobs
- Life skills are taught
- Youths are taught to access community resources
- Youths learn to develop internal control
- Youths work in partnership with adults on community service projects
- Youths learn to function in a culturally diverse world
- Youths are provided opportunities to demonstrate competencies they have developed
RYS will utilize the following Restorative Justice practices.
- Reparation Board - a group of staff members and youth from the "Elite Peer Group" will oversee the reparation process for events that occur within the facility when someone is harmed.
- Group Conferencing
- this process will be utilized in the living group or "Community" when someone has been harmed.
- Reparation Circles
- this will be used to identify harm, strategies to repair it and who is responsible to make amends and how it will be done.
- Circle Sentencing
- this process will involve the Reparative Committee and participants in the group conference to identify the arrangements of the Reparative Contract.
VICTIM SERVICES
RYS will accommodate victims in the following ways:
- Payment of Restitution
- Some residents may have the opportunity to work for pay and to reimburse and compensate their victims according to court-ordered sanctions. All youth will have restitution requirements and strategies on how to meet them identified in their exit plan.
- Victim Updates
- Victims will be updated, through DJJ Probation Officers, victim advocates or directly, according to their requests, of an offender's progress throughout the program, if desired.
- Victim Apologies
- Residents required or desiring to make a statement regarding their acceptance of responsibility for a crime and/or an empathetic statement regarding their remorse will be provided an opportunity to do so, as appropriate.
- Victim Awareness Curriculum
- RYS has a unique victim awareness curriculum that is designed for adolescents. All residents will participate in it.
- Victim Impact Panels
- Youth will interact with victims of crime and victim advocacy groups such as Mothers Against Drunk Drivers, Parents of Murdered Children, Victims of Domestic Violence, burglary victims, etc. These interactive groups will be employed as a means of sensitizing residents to the experience of being a victim. The groups will not have members that are directly linked to any of the residents as a victim. This component will be reserved for residents that would benefit therapeutically from the process and who pose no threat to the community. Specific groups such as burglary victims or others that relate to the types of crimes committed by residents will be recruited. The focus will be to develop panels that directly relate to the types of crimes that residents in the facility have committed. MADD has committed to Gulf Coast Youth Services programs to helping to conduct these panels.
- Victim Notification
- Policy number 12.01 - Victim Notification will be met. They will be aware of the resident's location, program activities, court hearings, and release dates, off-campus status and program progress
- Reparation Circles
- Youths involved in incidents in which another youth or staff member has been harmed will meet in a community forum to define how the harm will be repaired. A contract will be made to resolve the situation. The focus will be defining the harm to the individual(s) and community and what needs to be done to repair it. The process will be similar to Group Conferencing.
- Community Restoration
- The community, in cases of juvenile crime, is victimized in a number of ways. They bear the cost of services, suffer fear, tension, anger, and suffer ostracism from the family and friends of the offender. Therefore, the offender will be asked to perform meaningful acts of reparation.
The essential part of this component is that the work will have value to the community and meaning to the resident. The Community Restoration Projects (CRPs) hold the resident accountable for his actions and build relationships with responsible adults, when performed side by side with them. This also aids in developing respect for authority. Meaningful restoration work also builds competencies and marketable skills. The CRPs develop avenues to success by providing pro-social activities and competencies that help bond the youth to the community. Restorative Justice is not simply a program component. It is the central theme around which the entire RYS model revolves.
All treatment planning services will be individualized and will address the needs of victims and community. Some residents will have to perform their service within the facility. Examples of projects they can be performed "on-site" include repairing or building furniture for the elderly or other disadvantaged people, building or repairing toys for needy children, participating in Victim Impact Panels, tutoring other youth in areas that they are skilled or knowledgeable in, mentoring new residents and making audio public service announcements against drugs, violence, gangs and other anti-social behaviors
Youth meeting DJJ Policy #8.08 criteria and who are successful in meeting the terms of their IPP's and behavior management system could perform community service projects within the local community. An interagency agreement with "Habitat for Humanity," has been made with Gulf Coast Youth Services for youth to help build homes and perform other meaningful projects. Other projects could include youth and inter-generational mentors working together to restore and clean up parks and public landmarks, making speeches at schools against drugs and violence, refurbishing old building, hurricane preparation, and cutting wood and lawns for the elderly. A Community Advisory Board will be developed to recruit mentors, community service projects and building other community partnerships.
RYS will adhere to the following Best Practices of Restorative Justice.
- Peer counseling, leadership development, service projects, family living skills
- Youth as drug educators, drug researchers
- Cross age tutoring where juvenile offenders teach younger children, educational action teams
- Work experience, service crews, employment, job preparation, and career exploration
- Conservation projects, community development projects, recycling projects, community beautification projects
- Youth develop cultural education projects
- Work with adult mentors on community projects, intergenerational projects with the elderly