R ESTORATIVE J USTICE Presented November 8, 2014 By: The California Conference for Equality and Justice Sunshine Daye, Restorative Community Conferencing Director Wende Nichols-Julien, Executive Director

What does the Juvenile Justice System Look Like?

Arrest Referral to District Attorney Petition filed Adjudication (trial) Disposition (Sentencing) DJJ Home on Probation Suitable placement Camp Retributive Referral to Probation

Arrest Referral to District Attorney Petition filed Adjudication (trial) Disposition (Sentencing) DJJ Home on Probation Suitable placement Camp Diverted to Restorative Community Conferencing Referral to Probation

WHAT IS RESTORATIVE JUSTICE?

Restorative Justice Requires a Shift in the Way we Think

If crime is a wound, then justice should be healing. -Howard Zehr

FROM: You do the crime you do the time Criminal/juvenile justice asks: 1.What law was broken? 2.Who broke it? 3.What punishment is warranted?

TO: Justice as Healing Restorative Justice asks: 1.Who was harmed? 2.What are the needs and responsibilities of those affected? 3.How do all affected parties together address needs and repair harm?

Restorative Justice focuses on the youth taking responsibility without the threat of prosecution or punishment

WHY RESTORATIVE JUSTICE?

“DISPROPORTIONATE MINORITY CONTACT” “Disproportionate minority contact” (DMC) refers to the over-criminalization of youth of color at every phase of the JJ system Youth of color are 38% of the youth population in the U.S. and yet comprise nearly 70% of youth confined In Los Angeles County, cases involving White youth as offenders are significantly more likely to be diverted than cases involving Black or Latino youth In L.A. County, 43% of white youth referred to juvenile court had a petition filed against them compared with 60% of Black youth and 54% of Latino youth * *All statistics taken from the Haywood Burns Institute at

COLLATERAL CONSEQUENCES Adjudications in juvenile court are not convictions for immigration purposes but they may trigger conduct- based grounds to deport (ex: “drug abuser”) Youth may be suspended or expelled from school for a “delinquency” adjudication Youth adjudicated “delinquent” for a felony offense are required to submit to the State DNA database Adjudications of “delinquent” can have a negative effect on public benefits applications, employment, housing, and military enlistment If a youth is ordered to pay a fee in informal juvenile traffic court, they cannot get their license until they pay the fee

DOES RESTORATIVE JUSTICE WORK?

SUCCESSES OF RESTORATIVE JUSTICE A study of six victim-offender mediation programs in California found that five out of six programs decreased recidivism; All six programs increased restitution actually paid; And all six programs reported over 90% of youth and affected people were satisfied with the process. In one year, Restorative Justice for Oakland’s Youth (RJOY), working in an Oakland Middle School decreased the suspension rate by 87%. For every $1 spent on Restorative Justice, $8 is saved in the long-run.

HOW DOES RESTORATIVE JUSTICE WORK?

3 BASIC MODELS Victim-Offender Mediation Youth and affected person are worked with first separately and then brought together Generally utilized when the youth is already adjudicated and may be in detention Family Group Conferencing Family members play an important role Often a family caucus is called during the process to think of a proposal for the plan, which is then brought back to the affected person Peacemaking Circles Community & family members are essential Talking piece passed around, and each person takes a turn to speak while holding the talking piece Not always in response to a crime

Police, Probation or DA refers the case to Restorative Community Conferencing (RCC) RCC facilitators meet with each side individually RCC facilitators convene the conference Everyone has a chance to talk about how they were affected The person who caused harm takes responsibility The group comes up with and agrees to a plan to make things right. The RCC facilitator supports the responsible youth in completing the plan. The RCC facilitator informs the referring agency about plan completion and the case is dismissed.

WHAT DOES A RCC PLAN/AGREEMENT LOOK LIKE? The RCC plan is intended to be Individualized Specific Achievable Creative Relevant Examples of what could be included: Community service Restitution (monetary, returning something taken, fixing something that was broken) Apology letter Developing a skill or interest the youth has Anger management, counseling (individual and/or family)

W HEN YOU WERE GROWING UP, WHAT WAS THE ROLE OF PUNISHMENT IN DISCIPLINE ( HOME OR SCHOOL )?