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Victims interact in restorative justice program

Caleb Soptelean | Hagadone News Network | UPDATED 13 years, 8 months AGO
by Caleb Soptelean
| February 28, 2011 1:00 AM

Bringing victims into the youth justice process is what the Victim Impact Program is all about.

Started by the Center for Restorative Youth Justice in the fall of 2009 to replace Peer Court, the Victim Impact Program provides victims the opportunity to meet face-to-face with offenders.

The program is voluntary, said Jen Molloy, who's served as executive director of the center since its inception in 2005.

Peer Court provided a youth-run courtroom where participants and volunteers learned about the justice system by serving as jurors, clerks, bailiff and judge.

The Victim Impact Program incorporates dialogue between victim and offender. "We want it to be an alternative to the traditional court model," Molloy said.

She noted that most juvenile offenders do not go before a judge. Instead they see a probation officer. The probation officer can act as an officer of the court in sentencing the offender. The juvenile can still plead innocent and go to a traditional court.

The restorative justice model presents a way that "youth can be held accountable in meaningful ways and be reconnected with the community and give back" to the community, Molloy said.

It promotes empathy for victims and builds life skills, too.

"We reach out to victims of juvenile crime," Molloy said.

The traditional justice model looks at crime as an infringement on the state, whereas restorative youth justice considers crime an infliction upon a person. "Trust is broken, so the victim should have a role in the justice system," she said. "Relationships are broken when crime happens."

Under retributive justice, debts are paid by the youth being punished. Under restorative justice, debts are paid by the youth "making it right."

Juveniles who go through the Victim Impact Program have only a 10 percent recidivism rate, as opposed to 33 percent with other county programs, Molloy said.

The program currently has 25 volunteers who do things such as mentor kids, facilitate victim offender conferences, or serve on the program's Community Accountability Board, an alternative where youth meet with a three- or four-person board.

Victim offender conferences are usually held within four days of a crime. It's a voluntary process in which the victim and offender sit down together in a safe environment with a trained neutral facilitator. They discuss the circumstances of the youth's delinquent behavior.

Victims discuss how they have been impacted by the crime, ask questions and decide how the harm they've experienced will be addressed.

Offenders are given the opportunity to share the circumstances surrounding the offense and are empowered to accept full responsibility for the impacts of their choices.

The goal of the program is not forgiveness, but sometimes that happens, Molloy said.

Some examples of typical offenses are felony theft, trespass, burglary, and negligent homicide.

Victims often do not want money, but ask for community service for the offender instead. Some youths have been provided jobs or are mentored. Some even become friends with the victim.

Having youths work on projects such as graffiti removal, volunteering at a food bank, the Flathead Valley Community College garden, an art mural or trail project are some community service options. Youths also can meet as part of a group or work with an adult mentor. The kids get to reflect on the program, which gives them ownership.

The relationships "are pretty powerful," Molloy said.

Each youth makes an individualized action plan based on their interests, strengths and community need.

An example of a group setting is the Theft Impact Circle, which the center started in May 2010. The circle aims to teach youths that stealing is a serious problem that impacts young people, families, businesses and the greater community. It uses an interactive discussion format that engages youths and parents.

The nonprofit Center for Restorative Youth Justice works with 250 youths per year, Molloy said. This represents between 30 and 50 percent of all youth offenders.

The restorative youth model started in the United States with Mennonites in Pennsylvania, Molloy said. Then universities picked it up and studied it. That led to a nonprofit in Indiana incorporating it into a program. It blossomed from there and is now used in 45 states.

Flathead County's program has earned kudos from Dr. Mark Umbriet, a University of Minnesota professor. He called the center a leader in restorative justice in the state and nation, Molloy said.

She credited Nick Nyman, the county's chief probation officer, with getting behind the program.

Youth Court Services supports the center's programs by providing one-quarter of its funding. Other funds come from state and federal grants, private donations and program fees.

"We want to change the view of community service," Molloy said. "It doesn't need to be punitive and shameful."

The Center for Restorative Youth Justice can be reached at 257-7400 or go to restorativeyouthjustice.org.

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