On the Cutting Edge:

1
(No Transcript)
2
On the Cutting Edge

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

3
The New Purpose Clause of the Juvenile Act

• 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.

4
Punishment Based or Retributive Justice

• 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.

5
Whats New about Balanced and Restorative Justice?

• Very little attention used to be given to the
  personal and community impact of crime.
• Now crime and delinquency are viewed as HARM.

6
Restorative Justice

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

7
Restorative Justice

• Restorative Justice is not a magic cure.
• It will not solve many of the complicated social
  issues that underlie crime.

8
Restorative justice works to make people and
communities whole.

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

9
Restorative Justice Seeks to Involve

• Victims
• Communities
• Offenders
• Working out how a juvenile may more directly
  repair the HARM that he or she has caused.

10
Our New Goal

• 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.

11
Three Clients

• Victims
• Communities
• Offenders

12
Three Concepts

• Community Protection
• Accountability
• Competency Development

13
Community Protection

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

14
Community Protection

• Are there adults in the offenders life who
  currently have (or have the potential to have) a
  positive influence?
• With what community does the offender identify?
• What portion of the offenders 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?

15
Accountability

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

16
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?

17
Competency Development

• Juveniles who come within the jurisdiction of
  Pennsylvanias juvenile justice system should
  leave the system more capable of being
  responsible and productive members of their
  community.

18
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?

19
(No Transcript)
20
Prior to 1990

• Traditional Probation
• Courthouse based

21
Summer, 1990

• School Based
• Middle schools

22

• Improve academic performance and school behavior

23
Fall, 1993

• School Based
• High schools

24
Spring, 1997

• Evaluation of school based
• Less recidivism
• Less time in placement
• Cost effective service (cited by OJJDP in 1999
  as an exemplary program)

25
1997

• Restructuring of Department
• Community based supervision
• Initiate BARJ

26
1999

• Initiation of Balanced and Restorative Justice
• Development of Practices and Projects

27
Community Justice
On Wheels
28
T.E.A.M.

• Teen Enrichment through Advocacy at Moravian

29
Newsletter Local State
30
Victim Advocate Services
31
Victim Awareness Class
32
Afterschool Programs
33
Volunteer and Community Justice Panel
34
Intensive Aftercare
35
Community Alternative Work Services

• Over 200 Worksites

36
Garden Project
37
Recycling Center
38
Habitat for Humanity
39
Community Service Marketable Skills

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

40
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

41
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

42
United Way
Wraparound Facilitator
43
Steering Committee

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

• Probation
• Social Agencies
• Businesses
• Public
• Schools

44
Department Committees

• Offender
• Victim
• Community Relations

45
Specialized Probation
Community Liaison
46
Interagency Agreements

• Drug Alcohol
• Children Youth
• Mental Health/Retardation

47
S.P.O.R.E.

• Special Program for Offenders in Rehabilitation
  and Education

48
LifeLine Theater
49
SHOCAP
Serious Habitual Offenders Comprehensive Action
Program
50
Prisoners Against DrugsAlcohol and Drug
Awareness Program
51
Neighborhood Crime Watch
52
Senior Citizens
Faith Community
53
Principles of Balanced Restorative Justice

• 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 victims
  loss and restore the communitys loss.
• Competency Development
• Offenders should leave the system more capable of
  living responsibly and productively in the
  community

54
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.

55
(No Transcript)
56
Juvenile Justice Flow Chart
1) Age 2) Location 3) Review of Offense
File Petition
continued...
Establishment of Jurisdiction
Intake
Referral Source
Disposition w/o court action
1) Police 2) Other Counties/States 3) District
Justices 4) District Attorney
1) Juveniles Version 2) Victims Version 3)
Family Background 4) Determine Recommendation
for Disposition
1) Counsel and Release 2) Community Alternative
Work Service 3) Referral to Other Agency (CY,
MH/MR) 4) Informal Adjustment (Up to 6 mos., ext.
plus 3) 5) Consent Decree (Court Order 6 mos.,
ext. plus 6)
57
Juvenile Justice Flow Chart
continued from file petition
Adjudication Hearing
1) Dismiss/Withdrawn 2) Adjudication of
Charges 3) Transfer to Other Jurisdictions 4)
Evaluations
58
Juvenile Justice Flow Chart
Fined/Released
continued from Probation
Revoke
Probation
Disposition
Case Closed
Commitment
Release and Aftercare-Close
Review
1) Foster Care 2) Group Home 3) Drug and Alcohol
Rehab 4) Residential Placement 5) Secure
Placement
Continued Commitment
59
Juvenile Justice Flow Chart
AuthorizingDetention
Continued Detention
Detention Hearing(within 72 hours)
Adjudication Hearing (within 10 days)
Continued Detention
continued...
Release
Release
1) Lehigh County Detention Home 2) Shelter Care
60
Juvenile Justice Flow Chart
Continued Detention
Release
continued from previous
Disposition Hearing(within 20 days)
Probation
Commitment