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

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 Way Wraparound 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 Citizens Faith 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 Intake Establishment of Jurisdiction Disposition w/o court action Referral Source File Petition continued... 1) Police 2) Other Counties/States 3) District Justices 4) District Attorney 1) Juvenile’s Version 2) Victim’s Version 3) Family Background 4) Determine Recommendation for Disposition 1) Counsel and Release 2) Community Alternative Work Service 3) 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) Age 2) Location 3) Review of Offense

Juvenile Justice Flow Chart continued from “file petition” Adjudication Hearing 1) Dismiss/Withdrawn 2) Adjudication of Charges 3) Transfer to Other Jurisdictions 4) Evaluations

Juvenile Justice Flow Chart Fined/Released Probation continued from “Probation…” Revoke Case Closed Release and Aftercare-Close Continued Commitment 1) Foster Care 2) Group Home 3) Drug and Alcohol Rehab 4) Residential Placement 5) Secure Placement Disposition Commitment Review

Juvenile Justice Flow Chart 1) Lehigh County Detention Home 2) Shelter Care Detention Hearing (within 72 hours) continued... Release Adjudication Hearing (within 10 days) Continued Detention Release Continued Detention Authorizing Detention

Juvenile Justice Flow Chart continued from previous Disposition Hearing (within 20 days) Release Continued Detention Probation Commitment