Implementing restorative practices in (Dutch) probation: Organizational Aspects Anneke van Hoek Co-founder Restorative Justice Nederland CEP Conference Prague, 24 September 2015

Restorative practices Are seen as part of victim oriented practices Restorative practices entail more than (referring to) Victim Offender Mediation or other forms of mediation or conferencing It also includes working on victim awareness, stimulating offenders to take responsibility, repair the harm, make excuses, handle (new) conflicts in a restorative way etc.

Levels of restoration (for offenders) Level 1: Self-restoration of the offender Level 2: Restoration between the offender and his or her family/friends/network Level 3: Restoration between the offender and the victim(s) Level 4: Restoration with the community

Why is implementing restorative practices relevant for probation organizations? Restorative practices can stimulate offenders to stop re-offending (desistance) Restorative practices can stimulate restoration of the relationship of offenders with the community (reintegration)  Restorative practices can help realize the core goals of probation organizations

The European Victim’s Directive: a stimulus? Implementing Restorative Justice is NOT an obligation for member states But IF Restorative Justice is implemented by a member state / judicial organization, it needs to comply with minimum standards (safeguards)

State of the art in the Netherlands Since the 1970s local and personal initiatives, which were all ended (ad hoc policy and practice) Recognition that restoration is one of the needs of victims RJ becomes explicitely a part of national victim policy The Victim’s Directive has brough victim oriented and restorative practices high on the national agenda The Ministry of Justice and Dutch probation have been working on the implementation of the European Victim’s Directive and national victim’s legislation in a very systematic way

Exercise What organizational aspects are relevant if a probation organization wants to implement restorative practices? What needs to change, to be developed, to be stimulated? Write down the 5 most relevant organizational aspects

Implementation on organizational level: how restorative are (probation) organizations? How can you assess an organization? How can you compare organizations (between countries, between judicial sectors)? How can you learn from each other in a systematic way?  Development of a tool: Organizational Maturity Grid

Organizational Maturity Grid Restorative Practices Self assessment tool for judicial organisations Communication and learning tool How mature is your organisation in the domain of restorative practices? What actions can be taken to bring your organisation to the next level? Developed by Restorative Justice Nederland

Organizational Maturity Grid Restorative Practices: core elements Organizational aspects: Development phase: Vision & Policy Phase 0: No interest Working methodology Phase 1: Orientation Expertise Phase 2: Description Culture Phase 3: Organizational integration Third party cooperation Phase 4: Chain wide integration

The implementation of victim oriented practices in Dutch Probation ( ) The Dutch Ministry of Justice has asked all judicial organizationals to develop a vision on victim oriented practices A workgroup is established to develop a victim oriented policy for the phase of execution, This policy is discussed with different groups of probation workers in the field

How to implement victim oriented practices (policy Dutch probation) Adjust organizational procedures where necessary Improve knowledge and victim awareness amongst probation workers Stimulate a change of culture in an offender oriented organization Build up a network with new external partners (Victim Support, Victim in Focus)

What has been done so far? The Dutch probation organizations (3RO) have developed a methodology victim oriented practices This methodology forms the base of an E-learning module 3RO has identified and is supporting a group of victim oriented ‘ambassadors’ within their ranks Pilots are organized together with partners

Applying the grid: how mature is the Dutch probation? Organizational aspects: Development phase: Vision & Policy Phase 0: No interest Working methodology Phase 1: Orientation Expertise Phase 2: Description Culture Phase 3: Organizational integration Third party cooperation Phase 4: Chain wide integration

Vision & Policy: assessment Stage 0: No interest There is no vision nor policy on RJ Stage 1: Orientation Orientation on vision and ad hoc policy Stage 2: Definition & Description Policy in some defined areas Stage 3: Organizational integration Holistic vision and policy that is fully integrated in and supported by the organization Stage 4: Chain wide integration Vision and policy is internally and externally fully integrated and supported  Assessment Dutch probation: Stage 2, working towards stage 3

Working methodology: assessment Stage 0: No interest No restorative practices / methodologies present Stage 1: Orientation First initiatives by individual pioneers Stage 2: Definition & Description Description of restorative methodologies, guidelines etc. Stage 3: Organizational integration Restorative practices are integrated in daily working procedures and all required conditions are presented Stage 4: Chain wide integration Restorative practices are integrated in chain wide working procedures  Assessment: Stage 2, working towards stage 3

Expertise: assessment Stage 0: No interest There is no expertise about restorative practices Stage 1: Orientation Individual pioneers have some knowledge of restorative practices Stage 2: Definition & Description Some experience with and knowledge of restorative practices at some departments / functions Stage 3: Organizational integration Adequate and up-to-date expertise of restorative practices by all employees within the organization Stage 4: Chain wide integration Adequate and up-to-date expertise within the whole chain of restorative and judicial organizations  Assessment: Stage 2, working towards stage 3

Culture: assessment Stage 0: No interest There is no restorative culture Stage 1: Orientation Restorative attitude by some individual pioneers Stage 2: Definition & Description Restorative attitude at some departments / functions Stage 3: Organizational integration The organization as a whole sufficiently supports the restorative culture within its own organization Stage 4: Chain wide integration All organizations within the chain sufficiently support the restorative culture within their own organization and beyond  Assessment: Stage 1, working towards stage 2

Collaboration with third parties: assessment Stage 0: No interest Collaboration with third parties is absent Stage 1: Orientation Ad hoc collaboration Stage 2: Definition & Description Good practices Stage 3: Organizational integration Structured working relationship with qualified RJ providers according to set protocols Stage 4: Chain wide integration Structured working relationships with all third parties within the chain according to set protocols  Assessment: Stage 1, working towards stage 2

Conclusions In the past there were some RJ pilots implemented within (some) Dutch probation organizations, but these initiatives were ended each time (ad hoc policy) Now a sector-wide vision and policy is in place, a methodology is developed and through E-learning, ‘ambassadors’ and pilots the probation sector is working on increasing expertise, cultural support and collaboration The systematic way in which the Dutch ministry and Dutch probation have been working on implementing the VD is stimulating this process  Dutch probation organizations are becoming in a systematic way gradually more mature in the domain of victim oriented and restorative practices, but there are still some bridges to cross….

Organizational Maturity Game: How ‘restorative’ is your organization? Rounds: Round 1Self assessment & motivation Round 2Ambition Round 3Action a) interactive learning b) selection of activities & description Round 4Resources: a) interactive learning b) selection of tools & description

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