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Chapter 6 Peer Justice and Youth Empowerment: An Implementation Guide for Teen Court Programs

American Probation and Parole Association 63

CHAPTER 6

DESIGNING PROGRAM SERVICES


64 American Probation and Parole Association

INTRODUCTION

Services provided by teen court programs affecta broad segment of the community, particularlyyouth. To develop effective services, organizersshould examine the needs of the youth beingserved in conjunction with the program’s goalsand objectives. Programs seeking to adopt abalanced and restorative justice model alsoshould consider the needs of victims and thecommunity and develop services that attend totheir needs and interests as well.

The nature of teen court programsallows for considerable flexibility andcreativity in determining the types ofservices and sentencing options thatcan be offered.

The nature of teen court programs allows forconsiderable flexibility and creativity indetermining the types of services and sentencingoptions that can be offered. The objective is toinstitute services that offer maximum benefits tomeet the needs of offenders, victims, and thecommunity, while still adhering to theestablished goals of the program. Throughoutthis process, attention should be paid to how theteen court can provide the identified services(i.e., in-house or through referral to communityagency).

At the conclusion of this chapter, readers willhave information needed to

examine the needs of youth, victims, and thecommunity;

discuss the types of sentencing options andservices currently being used by teen courtprograms;

develop and implement sentencing optionsand additional program services that addressthe needs of youth (offenders and volunteers),victims, and the community for their localteen court program; and

form relationships and develop interagencyagreements with service providers.

EXAMINING NEEDS OF YOUTH,VICTIMS, AND THECOMMUNITY

To develop effective and comprehensiveprogram services, teen court program organizersshould keep the goals and objectives and targetpopulation of the program in mind whileexamining

the needs of youth participating in theprogram (i.e., offenders and volunteers);

the needs of victims; and

the needs of the community.

The following section will briefly outline someof these needs. However, it should be noted thatwhile each of these groups has common needsirrespective of the community in which itresides, program developers also should payattention to issues and needs of these entitiesthat are unique to the local environment.

Youth NeedsTeen courts not only provide a means forintervening early in the lives of youthfuloffenders once a crime has been committed, theyalso serve as a prevention program for the manycommunity youth who volunteer. The ability ofteen courts to influence such a broad segment ofthe youth population makes it important thatprogram developers and organizers understandand attempt to address factors commonlyassociated with juvenile delinquency.

According to the risk-focused delinquencyprevention approach (Hawkins and Catalano,1992, as cited by the Office of Juvenile Justiceand Delinquency Prevention [OJJDP], 1993), toprevent a problem from occurring, factorscontributing to the development of the problem



should be identified and ways to address andimprove those factors should be developed. Inits Comprehensive Strategy for Serious, Violent,and Chronic Juvenile Offenders, OJJDP (1993)points to research that documents the five riskfactors listed in Figure 6-1 as contributors tojuvenile delinquency. The OJJDP report statesthat to counter these risk factors, programsshould strive to develop services that help

enhance individual characteristics;

increase bonds with prosocial familymembers, teachers, and friends; and

promote healthy beliefs and clear standardsof behavior.

Figure 6-1: Risk Factors For Juvenile Delinquency

Risk Factors

Individual characteristics (e.g.,alienation, rebelliousness, lack ofbonding to society);

Family influences (e.g., parentalconflict, child abuse, family history ofproblem behaviors such as substanceabuse, criminality);

School experiences (e.g., earlyacademic failure, lack of commitmentto school);

Peer group influences (e.g., friendswho engage in problem behavior suchas minor cirminality, gangs, violence);and

Neighborhood and communityfactors (e.g., economic deprivation,high rates of substance abuse and crime,low neighborhood attachment).

Source: OJJDP, 1993

While individual characteristics (e.g., difficulttemperament and negative social orientation)may be difficult to change, increasing prosocial

bonds and promoting standards of behavior maybe easier for programs to effect. In essence,youth need to be presented with opportunities tomake meaningful contributions to their families,schools, peer groups, and communities (OJJDP,1993).

In essence, youth need to be presentedwith opportunities to make meaningfulcontributions to their families, schools,peer groups, and communities (OJJDP,1993).

Also, when designing program services foryoung people, the services need to be relevant toboth the current interests and future needs ofyouth. Program developers should recognizethat the interests and needs of youth are affectedby many individual and group factors and canchange over time (Carnegie Council onAdolescent Development, 1992). Therefore,input from youth on services to be offeredshould be requested during the developmentalstage, as well as periodically throughout the lifeof the teen court program.

In addition to addressing the serious concerns ofyouth, programs also should respond to theirdesire for fun and friends. Programs canaccomplish this by providing opportunities foryouth to socialize, hang out, and choose from anassortment of interesting and challengingactivities (Carnegie Council on AdolescentDevelopment, 1992).

Traditionally, crime victims have beenpoorly treated within the very systemthat should provide them with support,information, and assistance.

Victim NeedsTraditionally, crime victims have been poorlytreated within the very system that shouldprovide them with support, information, andassistance. However, over the last decade, therehas been a growing awareness of the needs andconcerns of victims. While slow progress is



being made in the adult system, there is stillmuch room for improvement in the juvenilejustice system. Understanding the needs andwants of crime victims and becoming aware ofthe services provided to victims within otherjuvenile justice agencies (i.e., law enforcement,prosecutors, probation, juvenile court) will helpteen court programs determine the types ofservices they can and should offer.

Research suggests that the responses of victimsof juvenile offenders to victimization and thecriminal justice process often mirror those ofvictims of adult offenders, includingpsychological distress, financial loss, anddissatisfaction with participation in the justicesystem. These problems often are intensified byfactors such as the perceived and real lack offinancial resources of juvenile offenders;societal frustrations with parental excuses forchildren’s deviant behavior; the psychologicalreaction of victims resulting from the fact that itwas a child that hurt them; and the reality that inmany cases, the child who victimized them wassomeone with whom they are acquainted orclose (American Correctional Association[ACA] Victims Committee, 1994).

The challenge to those working in the field ofjuvenile justice is to develop programs andimplement strategies that are offender-directed,yet victim-centered. Primarily, crime victimswant and need input, notification, andinformation. Erez and Tontodonato (1992) notethat meaningful victim involvement in thejustice process will help victims to

regain a sense of control over their lives;

restore the losses they sustained; and

reduce the feelings of alienation and increasetheir satisfaction with the justice process.

For the juvenile justice system to be trulyresponsive, implementing effective victimservices requires a coordinated and collaborativeeffort among all juvenile justice system players.Such an effort will help ensure continuity of

services and ultimately should help to increasevictim satisfaction.

Community NeedsCommunities are made up of a multitude ofindividuals and entities. There is a high desireby those who live and work in communities tobe safe and secure within that setting. TheNational Crime Prevention Council (1986) notesthe following:

Parents want safe environments in which toraise families.

Businesses want to keep the area around theirstores and offices safe and secure socustomers will not be driven away.

Schools are concerned about thedevelopment of minds, parental involvementin education, and the safety of the schools.

Religious leaders, churches, and synagoguesare concerned for the lives of theircongregation members.

Wilson and Howell (1993) suggest that fordelinquency prevention strategies to besuccessful, they should be positive in orientationand comprehensive in scope. This approachrequires a coordinated and collaborative effortamong all sectors of the community. Teen courtprograms offer individuals and agencies anopportunity to be involved directly in the questto prevent crime in their communities.

Also, as a residual benefit, it is hopedthat as youth participate in the teencourt program, they will begin to feelthey have a personal stake in the futureof their communities.

In addition to offering communities a chance toaddress the problem of crime locally throughdirect involvement, teen court programs fulfillother community needs as well. For example,numerous private nonprofit agencies in thecommunity benefit from the many hours ofunpaid labor (community service) performed by



juvenile offenders. Also, as a residual benefit, itis hoped that as youth participate in the teencourt program, they will begin to feel they havea personal stake in the future of theircommunities. Through this personal investment,youth may see the value of living and behavingas responsible and productive citizens and, thus,enhance public safety.

DEVELOPING PROGRAMSERVICES

Once the needs of youth, victims, and thecommunity have been examined, programdevelopers should begin to determine the typesof services the program will provide. First andforemost, it will be necessary for programs toconsider the sentencing options that can beimposed on defendants. These options shouldbe formed within the context of the targetpopulation being served. Programs also shouldconsider additional services that may beprovided to victims and the community, as wellas services that will be of interest and benefit toyouth who volunteer with the program.

Throughout this process, teen court programorganizers should refer to the community needsand resources assessment (as discussed inChapter 2) to determine services alreadyavailable in the community and, thus, avoidduplicating and overlapping services. Also, ifpossible, teen court programs should seek toform interagency agreements with agencies thatprovide services that are beneficial for teen courtparticipants. A further discussion of interagencyagreements can be found later in this chapter.

Designing Sentencing OptionsSome teen court programs establish sentencingoptions with specific guidelines for jurors tofollow when determining a constructivesentence. Other teen court programs suggestsentences, yet give jurors considerable flexibilityin determining a constructive sentence. Figure6-2 depicts some of the most common

sentencing options used by teen court programs.This section will examine these options brieflyand discuss their application within the teencourt setting.

Figure 6-2: Common Teen Court Sentencing Options

Common Teen Court Sentencing Options

Community service hoursOral or written apologies tovictimsJury dutyEssaysEducation workshops

Source: APPA, 1994

Community ServiceThe use of service and various forms of unpaidlabor as a sanction in the American juvenile andcriminal justice system can be accounted for asfar back as the early 20th century. Historically,community service has revolved aroundpunitive, menial assignments, while littleattention has been paid to the advantages thatcommunity service can provide by influencingoffenders’ attitudes and providing public benefits(Maloney and Bazemore, 1994). To beginreaping these potential benefits, Maloney andBazemore suggest that the following principlesbe applied when designing community serviceprojects:

The community service assignment should beseen as worthwhile work.

Youth should be seen as resources necessaryfor the successful completion of the task.

Attention should be paid to assigning youthto projects that will help them gaintransferable competencies that can be usedand applied beyond the community serviceexperience.

Whenever possible, projects should bedesigned that provide youth with a sense ofaccomplishment, and closure, and an



opportunity for community recognition.

Programs should seek to design communityservice projects that focus on helping thedisadvantaged.

By applying these principles, teen courtprograms can help youthful offenders increasetheir self-image, develop needed life skills, andmake a meaningful contribution to theircommunity, while still holding them accountablefor their actions.

The Colonie Youth Court Program of the YouthCourts of the Capital District, Inc., in Latham,New York, developed a community serviceprogram that attempts to incorporate theseprinciples. According to Program Director ScottPeterson, as part of their community serviceprogram, when possible, youth are assigned tocommunity service projects in groups or teamssupervised by teen court staff or adultvolunteers. Efforts are made to design theproject around specific community needs (e.g.,beautification of an area park). In addition tooverseeing the mere performance of the task, theadult supervisor also explains to the youth thepurpose of the community service assignmentand the benefit that it will have for thecommunity. Although this approach is time andlabor intensive for staff to manage, it can helpprovide a more meaningful experience for youthinvolved. The team approach also helps youthlearn to work together cooperatively toward thesuccessful completion of a task.

Program organizers initially have to make adetermination concerning whether jurors will beallowed flexibility when assigning communityservice hours or whether they will be asked toassign hours based on a predetermined grid.Overall, teen court programs vary according tothe number of community service hours that canbe imposed on an offender. The number ofhours reported by American Probation andParole Association (APPA, 1994) teen court

survey respondents ranged anywhere from 1 to200. In addition, some programs set limits onthe number of hours that can be orderedaccording to the type of offense committed (seeTable 6-1 for a sample sentencing grid), whileothers allow the jury members more discretionand flexibility when setting hours.

When deciding whether to establish communityservice limits or whether to allow for moreflexibility on the part of jury panels, programorganizers and staff may want to consider thefollowing questions:

Are juries relatively consistent in the numberof hours assigned to offenders with similaroffenses and circumstances? If not, what arethe possible reasons for the disparity?

Are sentences having to be modified by teencourt staff because youth are not able tocomplete the assigned hours within theestablished time frame? Do jurorsunderstand the time frame in which sentencesmust be completed? Are they asked to keepfactors such as the time frame of sentencecompletion, school and extracurricularactivities, and jobs of youth in mind whendetermining the sentence?

If limits on the number of hours that can beimposed are set, are jurors expressingconcern or frustration over the establishedlimits? What is the basis for their concern orfrustration?

These same questions can be examined as theprogram progresses to determine if adjustmentsin the sentencing policy are necessary.

Jury DutyIn addition to community service, most teencourt programs require defendants to serve atleast once on a jury panel as part of theirsentence. There are reports of programs inwhich defendants have been ordered to serve asmany as 12 times as a juror (APPA, 1994). The



philosophy behind this requirement, accordingto King (1990) is that jury duty helps

restore self-esteem in former defendants;

reinforce the concept of accountability to thecommunity by placing offenders in a

Table 6-1: Sample Teen Court Sentencing Grid

CLASS 1

Includes but not limited to Defective lights COMMUNITYNo helmet SERVICE:No seat belt 8-16 hoursEquipment violations JURY DUTY:Antinoise violations 1 termFollowing too closely(City Ordinance)

CLASS 2

Includes but not limited to Wrong side of street COMMUNITYImpeding traffic SERVICE:Red light/stop sign violation 16-32 hoursNo turn signal/improper turn JURY DUTY:Unsafe lane change 2 termsSpeeding 1-15 MPH over limitDisobeying traffic control deviceOne-way streetRacing-exhibition acceleration

CLASS 3

Includes but not limited to Driver’s license/restrictions COMMUNITYSpeeding 16-24 MPH over limit SERVICE:Speeding - School zone, 1-15 32-48 hours MPH over limit JURY DUTY:Insurance-no accident 3 termsLittering

CLASS 4

Includes but not limited to Racing-contest for speed COMMUNITYSpeeding 25+ MPH over limit SERVICE:Speeding- School zone, 16+ 48-64 hours MPH over limit JURY DUTY:Passing school bus 4 termsInsurance-accidentAccident violationsAll nontraffic violations

Source: Fort Worth Teen Court Program, nd.

situation in which they must assess theunlawful actions of one of their peers;

return offenders psychologically to the rightside of the law; and



Figure 6-3: Youth Perspective on Jury Duty Requirement

In April 1995, APPA’s Teen Courts Project Manager visited Buncombe County Teen CourtProgram in Asheville, North Carolina, and the Cumberland County Teen Court Program inFayetteville, North Carolina. During the visit, a group of youth teen court participants(volunteers and past defendants) were asked for input on a variety of issues related to teencourt. Interestingly, both groups had similar concerns when jury duty and jury deliberationswere discussed. There was a consensus among the participants of these programs thatdefendants should not be required to serve jury duty as a portion of their teen court sentence.(The majority of teen court programs do require defendants to serve at least once on a jurypanel.) Their reasoning was that many times the defendants did not want to be there, which hadthe potential of creating conflict and chaos during deliberations. Several of the participants saidthey did not always know how to react and respond when this conflict arose, and some of thosewho volunteered in other capacities with the teen court (attorneys, clerks, bailiffs) said theytried to avoid jury duty whenever possible because of this problem.

When asked for suggestions on how the problem could be addressed by teen court programs,their responses included the following:

Don’t require defendants to serve on jury duty. For those who choose not to serve onjury duty, additional community service hours or some other appropriate sanctioncould be assigned.

Have an adult monitor in the jury room. The presence of an adult could help reducethe level of chaos and may help jurors take their roles more seriously.

Before the hearings, have new jurors go through an orientation session that explainsthe responsibilities of being a juror.

increase the chance that the jury pool of theteen court program will be composed of across section of the juvenile population of thecommunity.

It also is hoped that defendants’ experience asjurors will entice them to return to the teen courtprogram as volunteers, because it is throughsustained involvement in the program that thegreatest benefits are likely to be realized.

It also is hoped that defendants’experience as jurors will entice them toreturn to the teen court program asvolunteers, because it is throughsustained involvement in the programthat the greatest benefits are likely tobe realized.

However, the diversity among youth involved injury deliberations often creates situations inwhich youth are confronted with persons withdiffering viewpoints and background. Thesedifferences can cause conflict during thedeliberations, and if not prepared adequately,youth may feel frustrated and defeated by theexperience. (See Figure 6-3.) Therefore,programs should strive to implement services(e.g., volunteer training sessions, educationalworkshops) that teach youth how to react andrespond appropriately to differing viewpointsand potentially volatile situations. Programsthat arm youth who participate on juries withappropriate skills can help increase the power ofpeer influence in this setting; and hopefully,youth who participate in the jury process canapply what they learn when confronted with



other difficult choices and situations in theirpersonal lives.

Educational WorkshopsEducational workshops on a variety of subjectsare offered as sentencing options for many teencourt programs. These workshops are designedto promote awareness in youth of various topics(e.g., substance abuse) and increase life skills(e.g., conflict resolution, problem solving).Topics of workshops conducted by teen courtprograms (APPA, 1994) include

substance abuse awareness;

traffic survival and safety;

peer pressure;

conflict resolution;

anger management; and

shoplifting prevention.

Whenever possible, teen court programs shouldcontract with other agencies in the communitythat provide these types of workshops andservices. However, if services are not availableelsewhere, then teen court staff should developthe programs in-house. Staff and volunteerfacilitators can be used to conduct these types ofworkshops.

Oral or Written Apologies to VictimsApproximately 70 percent of those respondingto the APPA (1994) teen court survey indicatedthat an apology to victims (oral or written) isincluded among the sentencing options availableto teen jurors in their programs. A victim maynot desire contact from the offender, even in theform of an apology. Therefore, before anoffender contacts a victim, teen court staffshould discuss this sentencing option with thevictim. The victim also should be informed ofthe procedure that will be followed if an apologyis ordered.

Programs should establish procedures for howoral and written apologies will be made by

considering the following questions:

Who is responsible for contacting victims tomake arrangements for oral apologies?

Will an adult (e.g., teen court staff, parent) berequired to accompany the defendant makingthe oral apology?

If not accompanied by teen court staff, howwill the fulfillment of the oral apology beverified?

Will written apologies be collected andscreened by teen court staff prior to beingsent to victims?

When determining these policies andprocedures, program organizers and staff shouldmake every effort to focus on protecting victimsfrom potential harassment and furthervictimization by the offender.

EssaysEssays are another popular sentencing optionused by teen courts. Generally, essays vary inlength (e.g., 100-1,000 words) and are assignedto defendants, by the teen jury, on a topic relatedto their offense. According to APPA (1994),topics could include

how shoplifting affects the community;

the harmful effects of alcohol and drug useby adolescents;

the dangers of drinking and driving; and

how to avoid negative peer pressure.

Determining Additional Sentencing Optionsand ServicesIn addition to the traditional sentencing optionsdescribed above, many teen court programs haveimplemented other types of sentencing optionsand additional services for youth participants inthe program (defendants, volunteers).Additional sentencing options identified throughthe APPA (1994) teen court survey appears inFigure 6-4. Programs are encouraged to be



creative when considering the types of servicesthat can be provided. This section highlightssome of the ways in which teen court programsare (1) attempting to increase peer interactionwithin their programs and (2) trying to elevateawareness among participants of the effect crimehas on victims and the community.

Figure 6-4: Additional Teen Court Sentencing Options

Additional Sentencing Options

CounselingCurfewsLimited home restrictionsChores at homeApology to parentsJail toursAttendence at an adult criminalproceeding (e.g., arraignment, trial)Presentation to a small group

Source: APPA, 1994

Peer Discussion GroupsAn informal discussion group for teens, calledPeer Circle, was designed by the Sarasota TeenCourt Program in Sarasota, Florida. This groupmeets for one hour prior to the hearings on theevening in which teen court is held. All teencourt defendants are required to attend andparticipate in two sessions to complete their teencourt obligation; however, teens may attend thegroup as often as they like. Topics of thediscussions are decided by the youth and haveincluded racial tensions, divorced families, andparent/child relationships. Although discussionis driven by the teens, an adult facilitator ispresent to aid the process, if necessary (SarasotaCounty Teen Court Program, nd).

According to Kathleen Self, Sarasota Teen CourtProgram Coordinator, in addition to offering aforum for youth to seek guidance and input fromtheir peers on issues of importance and concernto them, the Peer Circle has been an invaluable

tool for preparing defendants and youthvolunteers for their roles as jurors. Alldefendants are required to attend the Peer Circlebefore serving jury duty. These groups are heldprior to the teen court hearings; therefore, itgives the youth an opportunity to interact andpractice listening, assertiveness, and problem-solving skills before they participate on a jury.This approach has helped reduce problembehavior and conflicts that sometimes occurduring jury deliberations.

TutoringOne factor identified in research as influencingdelinquency is poor school performance (OJJDP,1993). Drug use also has been correlated withschool failure (Johnston, O’Malley, andBachman, 1994). To address this issue, someteen courts have incorporated tutoring as asentencing option for defendants and as aservice for teen court participants. Programseither have accessed local school resources forthis service (e.g., after-school tutoring programs)or attempted to incorporate this service in-house,through the use of adult or youth volunteers.

Special EventsYouth involved in teen court programs in NorthCarolina indicated during a meeting with APPAproject staff that they would be interested inattending special events (outside of teen courthearings and training sessions) sponsored by theteen court program. They stated that manytimes they do not interact socially with otheryouth participating in the teen court programbecause they may attend different schools or arenot part of the same social network. There oftenis too much activity on the days and eveningsteen court is held, so the youth do not alwayshave an opportunity to get to know each othervery well.

The LaPorte Teen Court Program in Indianaencourages informal interaction and associationamong all of its participants. The programsponsors various special events aimed atbuilding informal relationships among the youth



and providing youth who may not have positivesocial outlets a safe environment and a group towhich they can belong. Examples of specialevents teen court programs can sponsor include

pizza parties;

volunteer recognition picnics;

short trips (e.g., amusement parks);

midnight bowling; and

formation of a team for a local sportingleague (e.g., softball).

Peer MediationMediation can assist youth in developingalternative solutions to problems whileincreasing communication skills to help themavoid future conflicts. Some teen courts, such asthe Cumberland County Teen Court inFayetteville, North Carolina, and the AnchorageYouth Court in Alaska, have developed peermediation programs in conjunction with the teencourt. In some programs, mediation may beordered when the jury determines (with victimconsent) that it may be a more appropriatemeans of reaching a sentence. Other programshave implemented it as a service sometimesoffered in lieu of a teen court hearing.

For example, the Anchorage Youth CourtMediation Program offers students anopportunity to resolve their disputes throughmediation. Youth court members are trained byadult mediators to perform the role of mediatorsin workshops covering basics of collaborativenegotiation, methods, and ethics. Youthmediators also participate in regularly scheduledbiweekly training sessions under the guidance ofvolunteer adult mediators. Once trained,mediation sessions are handled by two studentmediators working as a team under thesupervision of an adult mediator (AnchorageYouth Court, nd).

Victim ServicesAs stated previously, victims should be given amore active role in the juvenile justice process.Meaningful involvement can help restore lossessustained by victims and increase theirsatisfaction with the justice process (Erez andTontodonato, 1992).

As mentioned in Chapter 4, holding youthaccountable requires that they develop anunderstanding of how their behavior impactsothers (i.e., victims, family, community);therefore, teen court programs should implementservices that raise offenders’ awareness of theimpact of crime on victims. In addition toservices related to offender awareness, there areadditional services that can be incorporatedwithin teen court programs that serve victimsdirectly. These services include

input;

restitution;

notification; and

information and referral services.

Victim AwarenessVictim impact panels can be used to helpeducate offenders about the experience ofcriminal victimization by having several victimstestify as to how their lives were affected by thecrimes committed against them (Sinclair, 1994).For victims who choose to do so, it offers anavenue for meaningful participation in thecriminal justice system. It also can have apowerful impact on the offenders who attend.Figure 6-5 outlines some of the values thesepanels can have for offenders and victims.While these values are specific to drunk drivingcases, they can be generalized to other types ofoffenses as well.

Rather than take responsibility for organizingthese panels, several teen court programs have



been able to locate and utilize other agencieswithin their communities that offer this service(e.g., local sheriff’s office, local chapters ofMothers Against Drunk Driving).

Figure 6-5: Value Associated with Victim ImpactPanels

Value For Attending Offenders

If the victim’s stories are told in personfrom the heart, in neither a blaming noraccusatory way, it can

allow offenders, perhaps for the firsttime, to consider the pain and sufferingdrunk driving can cause to otherpeople;

help offenders move beyond being“stuck” in focusing on their own “badluck”;

serve as a first step in breaking downdenial of alcoholics or those addictedto other drugs;

imprint images of real people inoffenders’ minds, which may replaywhen drinking and driving is again anoption; and

change behavior and save lives.

Value For Panel Members

By serving on a victim impact panel,victims:

find that the telling of their storylightens their personal pain, whichpromotes their own healing process;

experience something positive from apreviously devastating event; and

believe that through telling their storiesthey may be preventing some otherfamily from having to suffer a similarvictimization.

Source: Lord, 1990, pp. 9-10.

Taking this idea on a slightly different tangent,the Sarasota Teen Court Program in Florida isseeking funding from their local Junior Leagueto develop and organize peer impact panels.They plan to use these panels to handle specificcharges, such as driving-under-the-influencecases, from traffic court. Youth who have lostfamily members to drunk driving or have familymembers with serious drinking problems will beasked to testify on the peer impact panel. TheSarasota program hopes that hearing the effectsof these crimes from youth who have beenaffected, as opposed to listening mostly to adultvictims, will have more of an impact on youthdefendants (Sarasota Teen Court Program, nd).

Another way to educate youth on the effectcrime has on others is by conducting victimimpact classes. These classes provideinformation to youth on the financial, emotional,and physical consequences of crime and oftenhave victims who volunteer to serve asfacilitators for the classes. The California YouthAuthority developed a model curriculum entitledImpact of Crime on Victims, that is available foruse and can be adapted by programs desiring toimplement this type of class.1

Victim InputA goal often cited by teen court programs is tohold offenders accountable. As discussedpreviously, this goal requires that restitution forcrime-related losses be made to communitiesand victims (Bazemore and Umbreit, 1994). Tofacilitate this process, victims should beafforded the opportunity to provide informationon the impact that the crime had on their lives.Information solicited for this purpose can be putin the offender’s file and used during thesentencing process. A victim impact statement

1For more information about the Impact of Crime onVictims curriculum contact the Office of Prevention andVictim Services, Department of Youth Authority, 4241Williamsborough Dr., Suite 214, Sacramento, California95823; (916) 262-1392.



(VIS) is one method of eliciting victim input.These statements can be provided in oral,written, audio, or video form. A VIS may havebeen completed prior to the teen court stage(e.g., at the time the complaint was made). If so,then the VIS should be supplied to and reviewedby teen court staff, and the victim should havethe opportunity to update the information. Asample Victim Impact and Restitution Statementused by the Manatee Teen Court Program inBradenton, Florida, appears in Appendix D.

In Sunbury, Pennsylvania, all victims of juvenilecrime have the opportunity to submit a VIS.When offenders are referred to theNorthumberland County Teen Court Program,teen court staff receive a copy of the VIS, andthe peer jury has access to the information foruse in sentencing.

When contact with victims is initiated, programcoordinators should be prepared to allow victimsto talk, ventilate, and express their feelings. Insome instances, it could be the first time a victimis contacted after the crime. Therefore, thosecommunicating with victims should beknowledgeable and trained to react and respondappropriately to the vast range of emotions theymay encounter. Whether contact occurs over thephone or face-to-face, coordinators should listencarefully, ask open-ended questions, and allowroom for clarification (Seymour, 1994). Figure6-6 provides examples of some basic victimvalidation skills that can be used when speakingwith victims.

Restitution plays a key role in thevictims’ right to be made whole byproviding an avenue for reimbursingvictims for their losses.

Victim RestitutionRestitution plays a key role in the victims’ rightto be made whole by providing an avenue forreimbursing victims for their losses. In addition,it is vital as a means of ensuring accountability

from the juvenile offender (ACA VictimsCommittee, 1994). Approximately 53 percentof teen court programs responding to the APPA(1994) teen court survey allow monetaryrestitution to be ordered as part of the jury’ssentence. To hold offenders accountable andprovide victims with this needed service, theremust be strict accountability on the part of theoffender to pay and the agency to effectivelyand efficiently collect and disburse payments.There also should be a mechanism for handlingdefendants who become delinquent in payments.

Figure 6-6: Basic Victim Validation Skills

Basic Victim Validation Skills

Tell the victim to whom they arespeaking.

Address the victim by name. (How thevictim would like to be addressedshould be clarified early in theconversation.)

Say, “I am sorry.”

Say, “It is not your fault.”

Let the victim know that their input isvalued and important.

Source: Seymour, 1994

In Compilation of Policy and ProcedureProvisions from Juvenile Restitution Programs,Munsterman and Henderson (1987) discuss thefollowing issues that should be considered whenmanaging restitution payments:

Procedures for payment. A procedureshould be outlined concerning how paymentswill be made by the youth. This procedureshould specify what types of payment will beaccepted (e.g., cash, check, money order), towhom the payment is to be submitted (e.g.,teen court coordinator, clerk’s office,probation officer), and when and how oftenpayments are to be made (e.g., on the firstday of each month). A contract outlining



these responsibilities should be developedthat is signed by the defendant and their legalguardian.

Monitoring of payment plan. On amonthly basis, teen court staff shouldmonitor payments made by comparing theamounts of monies due to the amounts ofmonies paid to victims for each case in whichrestitution was ordered.

Disbursement of restitution to victims. Animportant issue to consider when makingthese guidelines is at what intervals paymentswill be made to victims (e.g., monthly, paidin full). These guidelines need to becommunicated to defendants and to victimsso they will know what to expect from theprogram. Programs relying on outsideagencies (e.g., clerk’s office, probationoffice) to collect and disburse paymentsshould coordinate with these agencies whenestablishing these guidelines.

Priority of payments. Programs will needto establish policies for how cases will behandled when there are codefendants owingrestitution to the same victim and when adefendant owes restitution to multiplevictims (e.g., who will receive payment first).

Noncompliance with restitution order:Programs should establish a policy that stateshow many days a defendant can bedelinquent in payment before further actionwill be taken. The policy also shouldstipulate all actions to be taken when thattime has elapsed (e.g., warning letter todefendant, status letter to victim, personalmeeting with defendant and guardian todiscuss reasons for failure to comply). Itshould state further what the finalconsequence is for nonpayment (e.g.,unsuccessful termination from the program).

Victim NotificationNotification refers to providing information tovictims concerning their offenders’ status.Especially in cases in which input was acquired

from victims for the purposes of sentencing,victims should be informed of the outcome ofthe hearing. In cases where restitution isordered, victims should be notified of theamount of restitution awarded and kept informedof the status of the defendant’s compliance tothat order. Programs should seek the advice oflegal counsel concerning confidentiality issueswhen designing notification procedures.

Information and Referral ServicesOften victims do not understand how thejuvenile justice system works. Teen court staffcan help remedy this situation by providingvictims with information on the system ingeneral, the teen court program in particular,how the process should work from this stage on,and whom they can contact for additionalinformation.

Victims experience a wide range of needs in theaftermath of a crime, both short- and long-term.There are approximately 10,000 victim serviceorganizations that provide assistance andsupport to victims of both adult and juvenileoffenders (ACA Victims Committee, 1994). Atthe community level, it is extremely beneficialto have a roster or manual that comprehensivelydescribes the available and applicable resourcesthat exist for victims of crime. This type ofinformation can be uncovered during the needsand resources assessment and can later besupplied to victims (as well as teen courtparticipants) in need of services.

FORMING INTERAGENCYAGREEMENTS 2

Often, because of time and budgetary constraintsand limitations of staff expertise, teen courtprograms must look to other organizations in the

2Materials excerpted and adapted from Fulton, Stone &Gendreau (1994) Restructuring Intensive SupervisionPrograms: Applying What Works, pp. V1-16 through V1-23, Lexington, KY: APPA.



community to assist in the provision of services.Networking, collaborating, and brokering withoutside agencies can help decrease roleconfusion and duplication of services amongservice providers in the community. Beforedeveloping interagency agreements and contractswith agencies for services, program organizersand staff should have adequate knowledge aboutthe services being provided and about the agencyas a whole.

Networking, collaborating, andbrokering with outside agencies canhelp decrease role confusion andduplication of services among serviceproviders in the community.

Factors to Be Considered in the SelectionProcessAccording to DeHoog (1984), the maximumefficiency in interagency relationships will berealized when a teen court program has adequateknowledge of

the potential service providers and their pastperformances;

the actual services, especially as they relate tothe needs of consumers;

the method of service; and

the cost of the various components of theservices.

Lieber (1987) expands on DeHoog’s elementswhen he suggests that programs should requirepotential service providers to detail

the population being served;

an estimate on the flow and source of clients(i.e., youth offenders);

methods of referral to the program;

methods of evaluation of client needs;

methods for providing the services thataddress client needs and the rationale for thechosen methods of service delivery;

methods to be used for monitoring clientsand providing feedback to referral sources;

criteria for positive or negative terminationfrom the program; and

followup techniques.

It is imperative that program staff have sufficientknowledge of prospective service providers. Inthe case of an individual, such as a psychiatrist,psychologist, or substance abuse counselor,program staff should ask for a resume andinquire within the local professional communityabout the individual’s capabilities and reputation(Beto, 1987). Knowing how to evaluate thecredentials of an individual professional isimportant in the selection process. For example,the professional’s resume may reflect a lengthylist of research articles published in professionaljournals. While this speaks well of theindividual, it also may indicate that more timehas been spent in an academic setting than onpractical experience, which could impact thequality of services delivered (Beto, 1987).

Lieber (1987) states that before contracting withan agency or organization, program staff shouldbe sufficiently satisfied with the agency’s

organizational capacity for effective andefficient management;

corporate capacity to provide the service;

corporate status (individual, partnership,corporation, nonprofit, or for-profit);

clear lines of responsibility for dailyoperation;

contact person and established lines ofcommunication; and

role for its board of directors in themanagement of the organization.

Much information may be gleaned from contactswith other referral sources. Program staffshould ask for a list of references from aprospective service provider. Contact with other



referral sources may yield information on thequality of services, staff credibility, and responseto emergency situations (Beto, 1987).

It also may be beneficial to contract withuniversities for particular services (e.g., acounseling program operated by a psychologydepartment; alcohol education programs offeredby a health or traffic safety department).Satisfaction with this type of relationship willdepend to a great degree on the professor orfaculty member responsible for the program.For example, a professor whose background isin research may not be particularly interested indirect service delivery or providing doctoralstudents with meaningful practical experiences(Beto, 1987).

At various points throughout this Guide, theimportance of a detailed needs assessment hasbeen stressed. An important part of the needsassessment is acquiring sufficient information toevaluate prospective service providers. If theorganization or professional is incapable ofdelivering the services desired or does not sharethe vision of the teen court staff, thenunsatisfactory results may be expected.

Negotiating the AgreementContract negotiation should not be an unpleasantexperience. It usually involves two individuals,each representing their respective organizations,who want to form a cooperative relationship,with one supplying clients and the otherproviding a service. During this process, a jointpurpose statement may serve as the foundationfor a more formal and rewarding relationshipbetween a teen court program and a serviceprovider. The negotiation period provides anexcellent opportunity to resolve issues notformally addressed during earlier exchanges.

Some areas requiring further clarification mayinclude

treatment and services provided;

notification and discharge communication;

treatment and referral criteria;

confidentiality issues;

frequency and type of client contact;

assessment criteria;

frequency and type of contact betweenagencies; and

success and failure criteria.

Writing the ContractScherman (1987) suggests having an attorneyassist with the review and implementation of thecontract. The written contract, or interagencyagreement, is a legal document that protects bothparties; it must be realistic and reasonable andhave explicit and enforceable provisions(Marlin, 1984).

While contracts may differ depending on thejurisdiction, roles of the parties, and servicesdesired, they contain many common elements.Figure 6-7 contains a list of primary elementsthat should be in a contract for services and a listof secondary elements that also may be includeddepending on statutory requirements and localpractices.

Evaluating the Services DeliveredThe final component of the contract process isevaluation. Determining how well theinteragency partnership works is critical to theefforts of organizations that try to change people(Glaser, 1988). Measures of evaluation include

client outcome;

system effectiveness;

cost-benefits; and

client and staff satisfaction.



Figure 6-7: Contract Elements

CONTRACT ELEMENTS

Primary Elements

Opening paragraph: Defines the relationship between the program and the serviceprovider.

Scope of the contract: Lists the services to be provided and reflects the responsibilitiesof the program and the service provider.

Compensation: Provides a description of the method by which the service provider willbe reimbursed for specific services rendered.

Payment: Insures that payments for services will be governed by statute or localjurisdiction policy.

Affirmative action: Usually requires that a service provider will not discirminate inareas of employment or client service.

Confidentiality: Establishes an understanding that the service provider must abide by allapplicable statutes concerning the handling and disclosure of client information.

Cancellation/modification: Provides the methods, restrictions, and time frames that theprogram and the service provider must follow to modify or cancel the contract.

Effective date/termination date: Provides the time frame in which the contract will bein effect.

Secondary Elements

Extensions: Provides an opportunity to eliminate the need for preparing a new contract ifthere is a high probability of utilizing the same services the following year.

Indemnity: Attempts to ensure that the service provider will “hold harmless” theprogram against any liability or claims in which suit may be brought.

Insurance: Should specifically outline the insurance requirements and certificates theservice provider will be required to obtain and maintain throughout the contract period.

Bonding: Requires the service provider to maintain an employee fidelity bond.

Independent contractor: Attempts to protect the program against an interpretation thatthe contract implies that the service provider is a partner or employee.

Audits: Provides that the program has the right to examine and copy any documents ofthe service provider relating to the contract.

Reports and monitoring procedures: Outlines the procedures the service provider willfollow in order for the program to properly monitor the contract.

Incorporation status: Requires those service providers that are nonprofit corporations tofurnish a copy of the certificate of incorporation to the program.

Assignment: Provides the parameters in which the service provider can assign itsresponsibilities as they relate to a contract with another agency.

Source: APPA and National Association for State Alcohol and Substance Abuse Directors, 1992; Scherman, 1987;

Marlin, 1984



In order to effectively evaluate thedelivery of contract services, it isimportant that measurable objectivesare agreed upon at the onset of theinteragency partnership.

In order to effectively evaluate the delivery ofcontract services, it is important that measurableobjectives are agreed upon at the onset of theinteragency partnership. In addition, amanagement information system should bedeveloped by the teen court program, with inputfrom the service provider, that guarantees thatdata pertinent to the treatment initiative may beproperly collected, organized, reviewed, andtransmitted as needed (Scherman, 1987).Unfortunately, it is not uncommon for agenciesto begin programs, adopt strategies, and enterinto cooperative relationships without givingsufficient thought to gathering data orscientifically measuring outcomes at a later date(Glaser, 1988). Agencies can avoid this pitfallby focusing on evaluation issues during the earlystages of the contract process.

Maintaining the PartnershipIn order for interagency partnerships to survive,the parties involved must work at therelationship. One of the key factors inmaintaining a positive relationship is constantcommunication. Through communication, rolescan be clarified, problems can be resolvedbefore they become insurmountable, and amutual respect can be fostered.

A few examples of positive forms ofcommunication include

periodic telephone conversations;

mutual training workshops;

joint staff meetings;

informal meetings over lunch;

scheduled social events; and

frequent staff interaction.

The development of meaningful communicationbetween the teen court program and the serviceprovider will ensure a partnership thatappropriately aids the offender and enhances theefforts of the juvenile justice system.

Through communication, roles can beclarified, problems can be resolvedbefore they become insurmountable,and a mutual respect can be fostered.

CONCLUSION

The types of services identified in this chapterrepresent only a fraction of what teen courtprograms provide. They are presented to giveprograms an idea of the various ways in whichservices can be designed to benefit offenders,victims, and the community. If viewed strictlyas a youth program, teen court programs canlose sight of the ways in which they can impactothers in the community. Involving youth,victims, and community members in discussionsconcerning needed services can help programorganizers begin to develop a program that trulydoes impact and benefit the offenders, victims,and community as a whole.



CHECKLIST FOR PROGRAM SERVICES

Have teen court program organizers or staff —

❑ Examined the needs of youth in the community?

❑ Identified current interests of youth in the community?❑ Identified current needs of youth in the community?

❑ Examined the needs of victims?

❑ Developed an understanding of the primary needs and wants of victims in thecommunity?

❑ Identified any legislation pertaining to victim rights within the state or local jurisdiction?❑ Identified services currently provided to victims by the local juvenile justice system?

❑ Examined the needs of the community?

❑ Identified the top concerns of the community related to juvenile crime?❑ Determined which of these concerns the teen court program can address?❑ Identified what services currently are provided in the community to address these types of

concerns?

❑ Designed sentencing options for offenders?

❑ Community service

❑ Determined whether there will be a predetermined range of hours that can beimposed based on the type of offense, or whether jury panels will be allowedflexibility and discretion when assigning hours?

❑ Developed a community service program or component that attempts to placeyouth in community service sites or projects that are meaningful and worthwhile,and allow the youth to see the benefits of their contribution?

❑ Established a policy concerning whether youth will be assigned to specific sites orwhether they will choose from a list of community service sites and be responsiblefor making all the arrangements?

❑ Jury duty

❑ Established a policy that states whether all defendants will be required to serve juryduty as part of their sentence?

❑ Determined if there will be a predetermined range of times a defendant can sit on ajury from which the jury panel can choose?



❑ Educational workshops

❑ Determined the topics that will be covered?❑ Determined whether workshops will be developed in-house or contracted out to

other agencies?

❑ Apologies to victims

❑ Established a policy that states who will contact victims to ascertain if they wish toreceive an oral or written apology from the defendant?

❑ Determined the procedure for making oral and written apologies?❑ Determined how the receipt of an apology to a victim is to be verified?

❑ Essays

❑ Determined whether the jury will be provided with a list of certain topics fromwhich to choose, or whether the selection of appropriate topics will be left to theirdiscretion?

❑ Determined if there will be a predetermined minimum and maximum limit on thenumber of words a jury panel can assign?

❑ Monetary restitution

❑ Outlined the procedures for payment and how payment will be monitored?❑ Determined how restitution will be disbursed to victims?❑ Established a policy concerning who will receive payment first in cases involving

multiple victims (i.e., priority of payment)?❑ Established a policy for how cases will be handled when a youth does not comply

with the restitution order?

❑ Examined additional sentencing options and program services

❑ Peer discussion groups❑ Tutoring❑ Peer mediation❑ Victim impact panels or classes❑ Victim input❑ Victim notification❑ Information and referral services❑ Special events❑ Other



❑ Identified agencies and organizations in the community that can provide services for the teencourt program?

❑ Recorded information on each agency and organization regarding

❑ the type of services provided (related to the needs of teen court participants);❑ the population served by the agency;❑ the cost associated with the services;❑ the way in which referrals are made to the agency;❑ the manner in which clients are monitored;❑ criteria for successful and unsuccessful completion of the program;❑ how the agency evaluates its services; and❑ information on the staff’s capabilities (i.e., credentials) and reputation in the

community.

❑ Negotiated an interagency agreement or contract for service?

❑ Received clarification on

❑ treatment and services provided;❑ notification and discharge communication;❑ treatment and referral criteria;❑ confidentiality issues;❑ frequency and type of client contact;❑ assessment criteria;❑ frequency and type of contact between agencies; and❑ success and failure criteria.

❑ Written interagency agreements or contracts?

❑ Consulted legal counsel?❑ Ensured the written contracts or interagency agreements are realistic, reasonable, and

have explicit and enforceable provisions?

❑ Evaluated the services delivered?

❑ Developed measurable objectives that were agreed upon at the onset of the interagencypartnership as to how to evaluate❑ client outcome;❑ system effectiveness;❑ cost-benefits; and❑ client and staff satisfaction.

❑ Maintained partnership and communication with service providers?

❑ Identified and established techniques and strategies for maintaining a positive relationshipand solid communication with service providers?

chapter 6 designing program services · also, when designing program services for young people, the...

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