Utilizing Balanced and Utilizing Balanced and Restorative Justice in Restorative Justice in

School.School.

BARJ

Question:Question: Why was that your favorite Why was that your favorite

teacher?teacher?

# 1 Answer!# 1 Answer!

• They listen to me, talk with me and made learning fun.

Balanced and Restorative Balanced and Restorative Justice (BARJ)Justice (BARJ)

The Illinois Balanced and The Illinois Balanced and Restorative Justice movement Restorative Justice movement began in 1997 when state and began in 1997 when state and local organizations formed local organizations formed Restorative Justice for Illinois.Restorative Justice for Illinois.11

Balanced and Restorative Balanced and Restorative Justice (BARJ)Justice (BARJ)

In 1998 Illinois Juvenile Justice In 1998 Illinois Juvenile Justice Reform Act revised the Illinois Reform Act revised the Illinois Court Act to include a purpose and Court Act to include a purpose and policy statement that adopts BARJ policy statement that adopts BARJ for all juvenile delinquency cases for all juvenile delinquency cases (705 ILCS405/5-101. (705 ILCS405/5-101. 22

This led to the 1999 Juvenile Court This led to the 1999 Juvenile Court Act.Act.

BalancedThere are 3 Stakeholders,

they are all equally important.

Victim(s) who the harm was done to. Including secondary victims such as family members, neighbors, etc..

Offender who caused the harm, this includes their family.

The Community that must also deal with the effects of the crime. Including Police, Court Personnel. 3

Restorative Justice

1. Restoration or repairing the harm and rebuilding relationships in the community are the primary goals.

2. Results are measured by how much repair was done rather than by how much punishment was inflicted.

Restorative Justice 3 Main Goals

Accountability – BARJ strategies provide opportunities for wrongdoers to be held accountable directly to those that have been harmed.

Community Safety – Communities need to be kept safe. The emphasis is placed on building relationships.

Competency Development – BARJ seeks to increase pro-social skills and to address the underlying issues of why the harm was done. 4

Has Zero Tolerance worked? The trend of Zero Tolerance began in the

late 80s. According to the Illinois State Board of

Education between 1991 and 2007 the school suspension rate increased 56%.

The expulsion rate doubled during this time. Suspensions and expulsions reached a 16

year high in the 2007 academic year. 5

Has Zero Tolerance worked? There is no evidence that zero tolerance policies

improve students behavior, the school climate, or over all school safety.

Zero Tolerance does allow for the quick fix, low cost disciplinary action. This does little to improve behavior or create an environment conducive to learning. 6

School lose much needed State Aid by having the students out of school.

Where does change in a person Where does change in a person Occur? Occur?

From Outside or Within?From Outside or Within?

Restorative Discipline

Every student, teacher, administrator and staff member are valued members of the school community.

Restorative discipline seeks to strengthen relationships and build community by encouraging a caring school climate.

Restorative discipline addresses the root cause of discipline problems not just the symptoms.

Misbehaving is an offense against people and relationships, not just rule-breaking.7

Restorative Discipline

Building a system that address misbehavior and harm in a way that strengthens relationships.

Establishing policies to provide a safe place for learning. Real safety, comes from fostering and maintaining caring relationships. 8

Establish a scaled discipline plan that begins with Restorative Disciplines.

Why Implement Why Implement Restorative Discipline Restorative Discipline

ProgramsPrograms• It fosters awareness on how all have It fosters awareness on how all have

been affected by behavior and been affected by behavior and encourages expression of feelings.encourages expression of feelings.

• Avoids scolding or lecturing. Allowing Avoids scolding or lecturing. Allowing individuals to share with each other.individuals to share with each other.

• Actively involves students.Actively involves students.• Fault and responsibility may be Fault and responsibility may be

unclear. What is the root cause of the unclear. What is the root cause of the problem?problem?

Why Implement Why Implement Restorative Discipline Restorative Discipline

ProgramsPrograms• Separating the deed from the doer, Separating the deed from the doer,

recognize students’ worth and recognize students’ worth and disapprove of their wrongdoing.disapprove of their wrongdoing.

• Seeing every instance of Seeing every instance of wrongdoing and conflict as an wrongdoing and conflict as an opportunity for learning. Turning opportunity for learning. Turning negative incidents into negative incidents into constructive ones by building constructive ones by building empathy and a sense of empathy and a sense of community. community. 99

Restorative ProgramsRestorative Programs

There is a variety of Restorative Programs There is a variety of Restorative Programs available for schools. They are;available for schools. They are;

CirclesCircles Victim Offender ConferencingVictim Offender Conferencing

Truancy MediationTruancy Mediation Peer Juries Peer Juries

Peer Circles Peer Circles

Restorative Programs Circles

Circles provide an orderly and reflective process that reinforces the underlying values of restorative discipline, elements of Circles are:

One or two facilitators. Use of a talking piece. Facilitator states topic or question. All members of the circle have a chance to give there

input on subject by passing talking piece. Work toward understanding and an agreement.

Restorative Programs Circles

Circles can be used in a variety of ways and times. They can help develop a common understanding of members. Circles can be used for a variety of

reason. Beginning of day Circles End of day Circles Farewell Circles Problem Solving Circles Support Circles Teaching in Circle 10

Victim Officer Conferencing

The Departments of Probation & Court Services DuPage County Victim Offender Program.

Statistics from 2001 to Jan. 2010

97

20

10

9

6

0 50 100 150

VOC Sat Term NO Rec

VOC Sat Term Rec

VOC Unsat Term NoRTC, No Rec

VOC Unsat Term RTCNo Rec

VOC Unsat Term RTCRec

Restitution Collected

Restitution Collected 2003 to May 2010

$55,980.08

$2,219.53

$1,389.96

Collected Out Standing RTC

Above information from Department of Probation & Court Services DuPage County Victim Offender Conferencing Program.

Victim Offender Conferencing

When serious harms are committed Victim Offender Conferencing can be used .

It brings together those involved to share what happened with a trained facilitator.

This is voluntary on everyone's part. Information is shared on how each feel about

the incident. How can the damage be repaired. What can be learned for this so it does not

occur again.

Victim Offender Conferencing

Trained volunteer facilitators could be recruited from with in the school, or out side the schools from, PTA, booster clubs, ect.

These facilitators can spend time conducting VOCs to learn what occurred, give victims a voice, holding offenders accountable and establishing an agreement how the damage will be repaired to the victims and the school.

By conducting VOCs with volunteers school personnel will be free for their other duties.

Truancy MediationTruancy Mediation

Truancy Mediation provides a relaxed Truancy Mediation provides a relaxed atmosphere for students parents and atmosphere for students parents and school personnel to discuss truancy school personnel to discuss truancy

and come to some resolution in a and come to some resolution in a nonadversarial nature.nonadversarial nature.

In 1998-99 a pilot Truancy Mediation In 1998-99 a pilot Truancy Mediation program was started in Utah. Over program was started in Utah. Over

75% of the youth saw an 75% of the youth saw an improvement in their school improvement in their school

attendance. In 2003 the program was attendance. In 2003 the program was expanded throughout the state.expanded throughout the state. 1111

Peer Juries and Peer Peer Juries and Peer CirclesCircles

• A youth centered program that hear A youth centered program that hear cases by student volunteers of minor cases by student volunteers of minor delinquent acts and school offenses. delinquent acts and school offenses.

• The format can differ from a panel The format can differ from a panel setting to a circle setting. setting to a circle setting.

• Both programs have an adult Both programs have an adult overseeing the proceedings. overseeing the proceedings.

• Student volunteers should be a Student volunteers should be a cross section of the schools’ make cross section of the schools’ make up.up.

Peer Juries and Peer Peer Juries and Peer CirclesCircles

• In 2001 the Chicago Public School In 2001 the Chicago Public School System (CPS) piloted a peer jury System (CPS) piloted a peer jury program. program.

• The Peer Jury program was one of The Peer Jury program was one of the few non-punitive, alternative, the few non-punitive, alternative, disciplinary processes.disciplinary processes.

• They heard low-level school They heard low-level school misconduct, ranging from cell phone misconduct, ranging from cell phone use, tardiness to gambling and use, tardiness to gambling and fighting.fighting.

Peer Juries and Peer Peer Juries and Peer CirclesCircles

• 2007-08 school year 90% of Peer 2007-08 school year 90% of Peer Jury Agreements where Jury Agreements where completed.completed.

• 2009 the Peer Jury Program had 2009 the Peer Jury Program had been expanded to 45 schools. been expanded to 45 schools. 1212

• An evaluation found that from An evaluation found that from academic years 2005 – 2007 Peer academic years 2005 – 2007 Peer Juries helped CPS avoid more Juries helped CPS avoid more than 1000 days of suspensions.than 1000 days of suspensions.1313

Where to Start?Where to Start?Look at what you already have!Look at what you already have!

• What Restorative Programs do you already What Restorative Programs do you already have?have?

• What are you already doing – Teaching.What are you already doing – Teaching.

• You have trained educators.You have trained educators.

• You have an environment geared to You have an environment geared to learning and growing.learning and growing.

• You all ready have a building.You all ready have a building.

• You have community support.You have community support.

• You have transportation set up for students.You have transportation set up for students.

Where to Start?Where to Start?With a ConversationWith a Conversation

Let’s meet to discuss issues in your area Let’s meet to discuss issues in your area and how Balanced and Restorative and how Balanced and Restorative

Justice Programs may be of assistance?Justice Programs may be of assistance?

Daniel Smith Daniel Smith Senior Probation Officer Senior Probation Officer

Balanced and Restorative Justice CoordinatorBalanced and Restorative Justice Coordinator630-407-8350630-407-8350

Thanks You for your time!Thanks You for your time!

References 1. Illinois Criminal Justice Information Authority: Implementing

Restorative Justice: A Guide for School. 2009 p. 4.

2. Illinois Criminal Justice Information Authority: Implementing Restorative Justice: A Guide for School. 2009 p. 4.

3. Illinois Criminal Justice Information Authority: Implementing Restorative Justice: A Guide for School. 2009 p. 6.

4. Illinois Criminal Justice Information Authority: Implementing Restorative Justice: A Guide for School. 2009 p. 6.

5. Illinois Criminal Justice Information Authority: Implementing Restorative Justice: A Guide for School. 2009 p. 9.

References 6. Illinois Criminal Justice Information Authority: Implementing

Restorative Justice: A Guide for School. 2009 p. 9./Sullivan, Elizabeth and Elizabeth Keeney, “Teachers Talk: School Culture, Safety and Human Rights,” National Economic and Social Rights Initiative: (2008):19.

7. Amstutz, Lorraine Stutzman & Mullet, Judy H. The Little Book of Restorative Discipline for Schools. 2005 p. 26-27.

8. Amstutz, Lorraine Stutzman & Mullet, Judy H. The Little Book of Restorative Discipline for Schools. 2005 p. 26

9. Illinois Criminal Justice Information Authority: Implementing Restorative Justice: A Guide for School. 2009 p.12

10. Amstutz, Lorraine Stutzman & Mullet, Judy H. The Little Book of Restorative Discipline for Schools. 2005 p. 52-59

References 11. Amstutz, Lorraine Stutzman & Mullet, Judy H. The Little

Book of Restorative Discipline for Schools. 2005 p. 63-67

12. Illinois Criminal Justice Information Authority: Implementing Restorative Justice: A Guide for School. 2009 p. 15-16 / Olson, Bradley and Judah Viola, “Chicago Public Schools High School Peer Jury Program Evaluation Report” Chicago Public Schools, Office of Specialized Services (2007): 3.

13. Illinois Criminal Justice Information Authority: Implementing Restorative Justice: A Guide for School. 2009 p. 15-16 / Olson, Bradley and Judah Viola, “Chicago Public Schools High School Peer Jury Program Evaluation Report” Chicago Public Schools, Office of Specialized Services (2007): 3.