On the Cutting Edge: Pennsylvania was the first state to enact juvenile justice legislation using the Restorative Justice model.

On the Cutting Edge:

• Pennsylvania was the first state to enact juvenile justice legislation using the Restorative Justice model.

• Consistent with the protection of the public interest, to provide for children committing delinquent acts programs of supervision care and rehabilitation which provide balanced attention to the protection of the community, the imposition of accountability for offenses committed and the development of competencies to enable children to become responsible and productive members of the community.

The New Purpose Clause of the Juvenile Act:

• Prior to the changes to the Juvenile Act in 1995, the Juvenile Justice System focused primarily on the needs of the offender.

• The emphasis was on punishment or making the offender “pay.”

Punishment Based or Retributive Justice

• Very little attention used to be given to the personal and community impact of crime.

• Now crime and delinquency are viewed as HARM.

What’s New about Balanced and Restorative Justice?

Restorative Justice

• “Balanced” attention means that all parties will have their needs addressed.

Restorative Justice

• Restorative Justice is not a “magic cure.”

• It will not solve many of the complicated social issues that underlie crime.

• What restorative justice can do is move communities in a new and more positive direction.

Restorative justice works to make people and communities whole.

• Victims• Communities• Offenders

– Working out how a juvenile may more directly repair the HARM that he or she has caused.

Restorative Justice Seeks to Involve

• Find meaningful ways to repair the harm caused by crime.

• Work to help crime victims, offenders and communities restore and improve the quality of their lives adversely changed by crime.

Our New Goal

Three Clients

• Victims• Communities• Offenders

Three Concepts

• Community Protection• Accountability• Competency

Development

• “The citizens of Pennsylvania have a right to safe and secure communities.”

Community Protection

Community Protection

• Are there adults in the offender’s life who currently have (or have the potential to have) a positive influence?

• With what community does the offender identify?• What portion of the offender’s time is spent in structured activities?• What should specific responsibilities of the parents be to ensure

compliance with the rules?• How can parents and/or other supportive adults access help from the

system when they have difficulty with compliance by the offender?

Accountability

• “In Pennsylvania, when a crime is committed by a juvenile, an obligation to the victim and the community is incurred.”

Accountability

• Is the victim identifiable?• Can the victim determine loss?• Has the victim had the opportunity for

input regarding the disposition?• What is the level of restitution necessary to

restore the victim financially?• Is there a particular community service

activity that is related to the offense?• Who will explain the connection between

the community service and the offense to the offender?

• “Juveniles who come within the jurisdiction of Pennsylvania’s juvenile justice system should leave the system more capable of being responsible and productive members of their community.”

Competency

Development

• What strengths and interests of the offender

may be developed?• Is there a need for individual academic

tutoring?• Is the offender employed?• If not, is the offender about to secure work

on his/her own or does he/she need job seeking skills?

• What job skill programs are available to work with the youth in the community?

• What community resources will be used?

Competency

Development

Prior to 1990• Traditional Probation

– Courthouse based

Summer, 1990• School Based

– Middle schools

• Improve academic performance and school behavior

Fall, 1993• School Based

– High schools

Spring, 1997• Evaluation of school based

– Less recidivism– Less time in placement– Cost effective service (cited by OJJDP

in 1999 as an exemplary program)

1997• Restructuring of Department

– Community based supervision;– Initiate BARJ

1999• Initiation of Balanced and Restorative

Justice • Development of Practices and Projects

Community Justice

On Wheels

• Teen Enrichment through Advocacy at Moravian

T.E.A.M.

Newsletter: Local &

State

Victim Advocate

Services

Victim Awareness Class

Afterschool Programs

Volunteer and Community Justice Panel

Intensive Aftercare

• Over 200 Worksites

Community Alternative Work Services

Garden Project

Recycling Center

Habitat for Humanity

• Construction• Carpentry• Home Repair• Project Coordination• Office Skills• Gardening

Community Service Marketable Skills

Community Impact• Five million pounds of materials recycled each year from

Lehigh County residents• More than 1 ton of fresh produce grown and delivered to

needy families each year• Homes in the community renovated and offered to first-

time home buyers• Painting, construction and major clean-up of roadways and

trails

Community Impact• Graffiti removal and community clean-up • Construction of erosion devices along steams to

prevent flooding• Restoration of a damaged and overgrown historical

graveyard• Setup and breakdown of community fairs and

festivals

United WayWraparound Facilitator

Steering Committee• Judges• Victim Advocates• District Attorney• Public Defender• Law Enforcement

• Probation• Social Agencies• Businesses• Public • Schools

Department Committees• Offender• Victim• Community Relations

Specialized Probation

Community Liaison

Interagency Agreements• Drug & Alcohol• Children & Youth• Mental Health/Retardation

S.P.O.R.E.• Special Program for Offenders in

Rehabilitation and Education

LifeLine Theater

SHOCAP Serious Habitual Offenders Comprehensive Action Program

Prisoners Against Drugs

Alcohol and Drug Awareness Program

Neighborhood Crime

Watch

Senior CitizensFaith Community

• Public Safety– The public has the right to safe and secure homes

and communities

• Accountability– When an offense occurs, the offender incurs a personal responsibility to

restore the victim’s loss and restore the community’s loss.

• Competency Development– Offenders should leave the system more capable of living responsibly and

productively in the community

Principles of Balanced & Restorative Justice

• Individualization– Each offender had a unique set of circumstances and factors

that contributed to the offense behavior. Those circumstances must be addressed if the offense pattern is to interrupted.

• Balance– Justice is best served when the principles of public safety,

accountability and competency development are balanced.

Principles of Balanced & Restorative Justice

Juvenile Justice Flow

Chart

IntakeEstablishment of Jurisdiction

Disposition w/o court action

Referral Source

File Petition

continued...

1) Police2) Other Counties/States3) District Justices4) District Attorney

1) Juvenile’s Version2) Victim’s Version3) Family Background4) Determine Recommendation for Disposition

1) Counsel and Release2) Community Alternative Work Service3) Referral to Other Agency (C&Y, MH/MR)4) Informal Adjustment (Up to 6 mos., ext. plus 3)5) Consent Decree (Court Order 6 mos., ext. plus 6)

1) Age2) Location3) Review of Offense

Juvenile Justice Flow

Chart

continued from “file petition” Adjudication

Hearing

1) Dismiss/Withdrawn2) Adjudication of Charges3) Transfer to Other Jurisdictions4) Evaluations

Juvenile Justice Flow

ChartFined/Released

Probation continued from “Probation…” Revoke

Case Closed

Release and Aftercare-Close

ContinuedCommitment

1) Foster Care2) Group Home3) Drug and Alcohol Rehab4) Residential Placement5) Secure Placement

Disposition

Commitment

Review

Juvenile Justice Flow

Chart

1) Lehigh County Detention Home2) Shelter Care

Detention Hearing(within 72 hours)

continued...

Release

Adjudication Hearing

(within 10 days)

Continued Detention

Release

Continued Detention

AuthorizingDetention

Juvenile Justice Flow

Chart

continued from previous Disposition Hearing

(within 20 days)

Release

Continued Detention

Probation

Commitment