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On the Cutting Edge:. Pennsylvania was the first state to enact juvenile justice legislation using the Restorative Justice model. The New Purpose Clause of the Juvenile Act:.
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On the Cutting Edge: • Pennsylvania was the first state to enact juvenile justice legislation using the Restorative Justice model.
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.
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.”
What’s 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.
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.
Restorative justice works to make people and communities whole. • What restorative justice can do is move communities in a new and more positive direction.
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.
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.
Three Clients • Victims • Communities • Offenders
Three Concepts • Community Protection • Accountability • Competency Development
Community Protection • “The citizens of Pennsylvania have a right to safe and secure communities.”
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?
Competency Development • “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?
Prior to 1990 • Traditional Probation • Courthouse based
Summer, 1990 • School Based • Middle schools
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
On Wheels Community Justice
T.E.A.M. • Teen Enrichment through Advocacy at Moravian
Community Alternative Work Services • Over 200 Worksites
Community Service Marketable Skills • Construction • Carpentry • Home Repair • Project Coordination • Office Skills • Gardening
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 Way Wraparound Facilitator
Judges Victim Advocates District Attorney Public Defender Law Enforcement Probation Social Agencies Businesses Public Schools Steering Committee
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
Prisoners Against DrugsAlcohol and Drug Awareness Program