ADR Section Seminar Restorative Justice Practices in Nebraska s Juvenile Justice System

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1 2015 NSBA Annual Meeting ADR Section Seminar Restorative Justice Practices in Nebraska s Juvenile Justice System Hon. Douglas Johnson, Cindy Tierney, Dr. Mark Umbreit, Mary Visek October 7, 2015 Embassy Suites, La Vista

2 ADR Section of the Nebraska State Bar Association Annual Meeting Seminar, October 7, 2015 Restorative Justice Practices in Nebraska s Juvenile Justice System Guest Presenter: Dr. Mark Umbreit; University of MN Center for Restorative Justice and Peacemaking Nebraska Panel: Hon. Douglas Johnson, Cindy Tierney, Mary Visek, Dr. Mark Umbreit Moderator: Debora Denny

3 Victim / Offender Conferencing Pilot Project: Purpose: enhance use of evidence based youth victim offender conferencing in Nebraska Desired Outcomes: Youth: reduce recidivism and increase accountability Victims: increase restitution and sense of safety Community: decrease law violation, increase safety, increase benefit

4 Victim / Offender Conferencing Pilot Project: Geography: statewide application with special focus on Douglas County and District 12 Targeted cases: pre filing diversion and post juvenile court filing Evaluation: Dr. Mark Umbreit, University of Minnesota

5 Restorative Justice Key Stakeholders Victim Youth Offender Community Family School

6 Three Points of Access in Referrals Form of diversion prior to the youth going to court (County attorney/diversion refers) After complaint filed against the youth but before he/she is adjudicated on the offense(county attorney and/or defense attorney motion, court orders) After adjudication (Court and/or Probation terms)

7 Legislative Authority for Juvenile Diversion Neb. Rev. Stat Juvenile diversion agreement; contents A juvenile diversion agreement shall include, but be limited to, one or more of the following: (1) A letter of apology; (2) Community service, not to be performed during school hours if the juvenile offender is attending school; (3) Restitution; (4) Attendance at educational or informational sessions at a community agency; (5) Requirements to remain during specified hours at home, school, and work and restrictions on leaving or entering specified geographical areas; and (6) Upon agreement of the victim, participation in juvenile offender and victim mediation.

8 Legislative Authority for County Attorneys Neb. Rev. Stat (4): (a): If a juvenile appears to be a juvenile described in (1), (2), (3)(b), or (4) of The county attorney may offer mediation to the juvenile and the victim of the juvenile s act. (b) Terms of the agreement shall specify monitoring, completion, and reporting requirements. (f) If the juvenile meets the terms of an approved mediation agreement, the county attorney shall not file a criminal charge or juvenile court petition against the juvenile for the acts which the juvenile was referred to mediation. Rev. 1998, 2003

9 Legislative Authority for County Attorneys, continued Neb. Rev. Stat Terms, defined. (13) Mediator for juvenile offender and victim mediation means a person who (a) has completed at least thirty hours of training in conflict resolution techniques, neutrality, agreement writing, and ethics set forth in section , (b) has an additional eight hours of juvenile offender and victim mediation training, and (c) meets the apprenticeship requirements set forth in section ;

10 Legislative Authority for Judges to Order Neb. Rev. Stat : Facilitated conferencing or mediation; confidential; privileged communications. (1) In any juvenile case, the court may provide the parties the opportunity to address issues involving the child s care and placement, services to the family, restorative justice, and other concerns through facilitated conferencing or mediation. Facilitated conferencing may include, but is not limited to... juvenile victim offender dialogue.

11 Legislative Authority for Judges to Order, continued Neb. Rev. Stat : Facilitated conferencing or mediation; confidential; privileged communications. All discussions taking place during such facilitated conferences, including plea negotiations, shall be considered confidential and privileged communications, except communications required by mandatory reporting under section for new allegations of child abuse or neglect which were not previously known or reported.

12 Legislative Authority for Judges to Order, continued Neb. Rev. Stat : Facilitated conferencing or mediation; confidential; privileged communications. [DEFINITIONS] (2) For purposes of this section: (c) Juvenile victim offender dialogue means a court connected process in which a facilitator meets with the juvenile offender and the victim in an effort to convene a dialogue in which the offender takes responsibility for his or her actions and the victim is able to address the offender and request an apology and restitution, with the goal of creating an agreed upon written plan;...

13 Juvenile Crimes that can be Effectively Handled by Victim Offender Conferencing PILOT PROJECT Vandalism Assaults Aggravated Assaults Theft (Larceny) Burglary other

14 Who Can Refer a Case? Diversion Officers Defense Attorneys Victim Advocates Prosecutors Judges Police Probation Officers Agency Providers Community members

15 ADR and Conferencing in Probation The Office of Probation continues to have 3 services in its service array which Probation Officers can refer youth to the mediation center: Juvenile Victim Offender Mediation (Conference): EFGC: (Expedited family group conference): Conflict Mediation:

16 VOC case referral process Pretrial diversion, county attorney, defense attorney contacts the local mediation center Mediation center will open the case Once the referral form is received, the mediation center will contact and interview the offender to assess whether appropriate to proceed with the conference If the offender is appropriate for the service, the Center will contact and interview the victim to assess whether it is appropriate to bring the two parties together. If appropriate, the conference is scheduled If actual victim does not participate, surrogate or substitute victims can be used. Monitoring reparation plan

17 ODR Approved Centers

18 Thank you! For more information, please contact: The regional mediation center, or Debora Denny, J.D. Director, Nebraska Office of Dispute Resolution Nebraska State Court Administrator s Office State Capitol Lincoln, NE T F C

IN THE SUPREME COURT OF THE STATE OF ALASKA ORDER NO. 1816. 1. Criminal Rule 11 is amended to add a new subsection (i), to read as follows:

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