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Home My WebLink About2021-08-19; The Restorative Justice Team Pilot Program (Districts - All); Williams, MickeyTo the members of the: _p1YCOUNCIL Date 't:/tcf/~1 CA _x_ CC JL CM Jw_ ACM _:&_ DCM (3) .:i::- Aug. 19,2021 Council Memorandum To: Honorable Mayor Hall From: Mickey Williams, Acting w=...l.f"l!~ice Via: Scott Chadwick, City Ma~.--v Re: The Restorative Justice Team Pilot Program (Districts -All). {city of Carlsbad Memo ID #2021157 This memorandum provides information related to the Restorative Justice Team pilot program; a supplemental unit within the Juvenile Justice Program which was created to address youth delinquency by repairing harm and building relationships within the school setting and the community. Background Since 1986, The Carlsbad Police Department's Juvenile Justice Program has served as a community-based diversion program for first-time youth offenders of minor crimes. For several years the Juvenile Justice Program has worked with youth and families to assist in modifying negative behaviors and educate youth on the consequences of poor decision making. It has been found that many of these negative behaviors are due in part by a disconnection between the youth, their family, their school, and the community. Discussion By design, the Juvenile Justice Program has been reactive to crimes committed by youth. The goal of the Restorative Justice Team is to proactively address delinquent behaviors of youth by using a formal process that emphasizes repairing the harm that was done and restoring the relationships with the people affected and the community. By concentrating attention on early delinquent behavior, the city hopes to redirect youth from future criminal activity. The Carlsbad Police Department also has support from additional resources to build connections between youth, families, the schools, and the community. To meet this goal, it is proposed that the Restorative Justice Team collaborate with The Carlsbad Unified School District regarding certain delinquent behaviors and criminal activities in the school setting. Over the past few years, the Police Department's Diversion Program has seen a rise in the number of arrests occurring on school grounds. During the 2018-19 school year, 75% of the cases referred to the Juvenile Justice Program came from arrests made by Officers on school grounds. Of those cases, 93% involved some form of illegal substance possession, use, or sales by Police Department Administration 2560 Orion Way I Carlsbad, CA 92010 I 760-931-210 Council Memo -The Restorative Justice Team Pilot Program (Districts -All) Aug. 19,2021 Page 2 a minor. To better respond to these issues, the Diversion Program has directed more attention to youth substance use and how it impacts our youth, families, and the schools. Restorative Justice Restorative Justice is a process that engages the primary stakeholders in determining how best to repair the harm done by an offense. The three primary stakeholders in restorative justice are victims, offenders and their communities of care, whose needs are respectively, obtaining reparation, taking responsibility, and achieving reconciliation (Wachtel 2016). Restorative Justice allows victims and their supporters the opportunity to talk directly with the offenders in a controlled setting. The Restorative Justice Team will utilize the Restorative Conference model to address issues where there is conflict and wrongdoing amongst youth and the school community. A Restorative Conference is a structured meeting between offenders, victims, as well astheir family and friends. Together these parties address the issue and discuss the consequences of the crime or wrongdoing, and together they decide how to repair the harm. The ideals of the Juvenile Justice Program are to educate youth offenders on the consequences of poor decision-making, rehabilitate delinquent behavior, and reduce crime. The Restorative Justice Team follows that same model while bringing together those involved and affected by crime or conflict and allowing those individuals to be heard. The Restorative Justice Team members will be made up of the Juvenile Justice Program Coordinator, and volunteer interns. Interns will receive training in Restorative Practices and Using Restorative Circles Effectively, and Facilitation of Restorative Justice Conferences. The Restorative Justice Team will implement Restorative Practices throughout the process. Restorative Practices is a social science that studies how to build social capital and achieve social -discipline through participatory learning and decision-making (Wachtel 2016). According to Wachtel, the use of Restorative Practices helps to: • Reduce crime, violence, and bullying • Improve human behavior • Strengthen civil society • Provide effective leadership • Restore relationships • Repair harm The past few years have seen numerous legislative changes that are affecting the enforcement of juvenile offenses, specifically those on school grounds. School districts and law enforcement are seeking alternative means to correct delinquent behavior that both educates youth on health Council Memo -The Restorative Justice Team Pilot Program (Districts -All} Aug. 19,2021 Page 3 decision-making and holds youth accountable for their actions. Recently, both schools and law enforcement have seen an increase in mental health and social emotional issues affecting youth. There has also been an increase in school threats and menacing social media posts directed at students, faculty, and school administrators. These issues have a serious impact upon the individuals involved, as well as the climate of the school and the community. The aim of the Restorative Justice Team is to bring people together to deal with wrongdoing and conflict, and to provide them with a forum to express their thoughts and feelings. The Carlsbad Police Department also wants to provide support and offer available resources to those in need of assistance. The Function of the Restorative Justice Team The Restorative Justice Team will work directly with School Resource Officers, School Administrators and district personnel to properly address the current issues impacting youth and schools. Cases can be referred to the Restorative Justice Pilot Program within the criteria listed below: • Fighting . • Vandalism • Theft • Truancy/ Attendance • Bullying/ Harassment • Social Media • School Threats • Continuous defiance and disrespect of school rules authority These types of incidents often result in school suspension and possibly expulsion. School suspensions and expulsions are outlined in California Education Code 48900-48927. Per California Education Code 48900.S(a) Suspension, including supervised suspension shall be imposed only when other means of correction fail to bring about proper conduct. A school district may document the other means of correction used and place that documentation in the pupil's record. Per California Education Code 48900.5(b}(6}: Other means of correction include, but are not limited to, the participation in a Restorative Justice Program. The Restorative Justice Team meets that criteria. Program Manager, Malcolm Warfield, has spoken with the Director of Secondary Education at the Carlsbad Unified School District (CUSD} regarding the Restorative Justice Team, and she fully Council Memo -The Restorative Justice Team Pilot Program (Districts -All) Aug. 19,2021 Page 4 supports the development and implementation of the Restorative Justice Team Pilot Program as alternative means of correction within the Carlsbad Unified School District. As mentioned earlier, The Restorative Justice Team will utilize the Restorative Conference model to address issues where there is conflict and wrongdoing amongst youth and the school community. The parties participating in the Restorative Conference will include the Restorative Justice Team and the students and families involved in the specific incident. Additional participants during the conference may include school representatives, School Resource Officers, and Volunteer Interns. A Restorative Conference is a forum where people deal with wrongdoing and conflict. Conferences provide victims and others with an opportunity to confront the offender, express their feelings, ask questions, and have a say in the outcome. Offenders hear firsthand how their behavior has affected people. A Restorative Conference can be used in lieu of traditional disciplinary justice processes, or where that is not appropriate, as a supplement to those processes (O'Connell, Wachtel, & Wachtel, 1999). Offenders may choose to participate in a Restorative Conference and begin to repair the harm they have caused by apologizing, making amends, and agreeing to financial restitution or personal community service work. Restorative Conferences hold offenders accountable, while providing them with an opportunity to be heard. Participation in Restorative Conferences is voluntary. After it is determined that a Restorative Conference is appropriate, and offenders and victims have agreed to attend, the Restorative Conference facilitator invites others affected by the incident, such as the family and friends of the victim and offenders (O'Connell, Wachtel, & Wachtel, 1999). At t he conclusion of the Restorative Conference, the victim is asked what he or she would like to be the outcome. The response is discussed with the offender and everyone else at the Restorative Conference. When an agreement is reached, a simple contract is written and signed (O'Connell, Wachtel, & Wachtel, 1999). Contracts may include the following: • Online lesson corresponding to the type of offense • Letters of apology to the victim(s) • Community service through campus beautification, events coordinated by City of Carlsbad Parks and Recreation Department • Participation in group Restorative Circles facilitated by members of the Restorative Justice Team · • Weekly check-ins with members of the Restorative Justice Team • Assignment to after school homework/tutoring • Mandatory session with counselor to reconnect student to school • Provide assistance to various school clubs or organizations, as needed Council Memo -The Restorative Justice Team Pilot Program (Districts -All) Aug. 19,2021 Page 5 Program Goals As mentioned, Restorative Justice is about repairing harm, restoring relationships, and building connections. Restorative Conferences and the use of Restorative Practices provides the Restorative Justice Team with the tools to proactively develop relationships and build community while reactively providing conflict resolution and holding youth accountable for their behavior. The Juvenile Justice Program has been successful in working with youth and families since 1986. To maintain that level of success, staff are striving to grow and adapt with our ever-changing community. Historically the Juvenile Justice Program has been reactive to delinquent activity by interceding once the youth has been arrested. The aim of the Restorative Justice team is proactive, concentrating on early behaviors that can lead to criminal activity. Staff also believe in reconnecting our youth with their environment and restoring their relationships with the community. Next Steps At the conclusion of the Restorative Justice Team Pilot Program, both Program Manager Malcolm Warfield and the CUSD will conduct a review to assess the results, and to determine the feasibility of offering the Restorative Justice Team Program to all school districts within the City of Carlsbad. References Costello, 8., Wachtel J., & Wachtel, T. {2009}. The Restorative Practices Handbook for Teachers, Disciplinarians and Administrators. Bethlehem PA. International Institute for Restorative Practices. O'Connell, T., Wachtel, B., & Wachtel, T. {1999}. The conferencing handbook. Pipersville, PA: The Piper Press . Wachtel, T. {2016). Defining Restorative Paper presented at the Seventh International Conference on Conferencing Circles and other Restorative Practices, Manchester, UK. cc: Scott Chadwick, City Manager Celia Brewer, City Attorney Cindy Anderson, Senior Management Analyst