Community Accountability Boards

Creating Opportunities for the Peaceful Resolution of Crime

Community-based Decision MakingCommunity-based Decision Making

Process aimed at repairing the harm Process aimed at repairing the harm committed against victims and communities.committed against victims and communities.

Instead of focusing on:Instead of focusing on:

Who broke the lawWho broke the law What laws were brokenWhat laws were broken

How to punish the offenderHow to punish the offender

Community-based Decision MakingCommunity-based Decision Making

This process views crime through a This process views crime through a restorative justice lens, restorative justice lens, focusing the focusing the attentionattention on: on:

What harm was doneWhat harm was done What needs to be done to repair the harmWhat needs to be done to repair the harm

Who is responsible for the repairWho is responsible for the repair

Fast Track AccountabilityFast Track Accountability

The response to crime should The response to crime should meet the needs of the victim, meet the needs of the victim, community, and the offender, community, and the offender, involving each in the justice involving each in the justice

process to the greatest extent process to the greatest extent possible.possible.

GOALSGOALS

To provide the victim and the To provide the victim and the community with the opportunity to community with the opportunity to converse with offenders in a safe and converse with offenders in a safe and productive mannerproductive manner

To provide an opportunity for an To provide an opportunity for an offender to take responsibility and offender to take responsibility and make amendsmake amends

GOALSGOALS

To provide citizen ownership of and To provide citizen ownership of and involvement with the justice systeminvolvement with the justice system

To provide a neighborhood response To provide a neighborhood response to “victimless” offensesto “victimless” offenses

To provide a timely, non-judicial To provide a timely, non-judicial response to non-violent offensesresponse to non-violent offenses

What Is the Community

Accountability Board Process?

Didn’t show/No Agreement

CABSession

*

Diversion*

Arrest/Appearance

Ticket *

Prosecution *

Agreement*

Refer to CAB *

(screen)

**In accordance with Family Court Act Article 3 and applicable DPCA Rule

Probation Monitors

Probation Diversion Program

Release

Appear at Probation**

Intake/Diversion

* Victim Input

Probation screens

CABCompletion

*Successful

!Unsuccessful *

Not appropriate

Not appropriate

ARREST/APPEARANCE TICKETARREST/APPEARANCE TICKET

Family Court age youth (7-15)Family Court age youth (7-15) First time non-violent offensesFirst time non-violent offenses Offenses eligible for adjustment Offenses eligible for adjustment

servicesservices Victim inputVictim input ReleaseRelease

APPEAR at PROBATIONAPPEAR at PROBATION****

Intake interviewIntake interview Diversion determination madeDiversion determination made Probation screens for CAB Probation screens for CAB

appropriatenessappropriateness Referral back to prosecutionReferral back to prosecution

****In accordance withIn accordance with NYS Family Court Act NYS Family Court Act Article 3 and applicable OPCA RuleArticle 3 and applicable OPCA Rule

DIVERSIONDIVERSION

Not appropriate – back to ProsecutionNot appropriate – back to Prosecution Probation Diversion Program – non CABProbation Diversion Program – non CAB CAB appropriate – refer to CAB for CAB appropriate – refer to CAB for

screenscreen Victim inputVictim input

REFER to CABREFER to CAB CAB receives referralCAB receives referral Pre-CAB interview/preparation of offenderPre-CAB interview/preparation of offender Pre-CAB interview/preparation of victim Pre-CAB interview/preparation of victim

(if identified)(if identified) Determination made - case is appropriateDetermination made - case is appropriate CAB session scheduledCAB session scheduled Victim inputVictim input

CAB MembersCAB Members Neighborhood Neighborhood

residentsresidents Community-based Community-based

service providersservice providers Business leadersBusiness leaders Faith communityFaith community Code enforcementCode enforcement Youth service officersYouth service officers

Who Is Involved in the ProcessWho Is Involved in the Process

The offender:The offender: First time offender – no previous recordFirst time offender – no previous record Cases designated for Adjustment Cases designated for Adjustment

Services through the Probation Services through the Probation Department (defined by NYS-FCA Article Department (defined by NYS-FCA Article 3) 3)

Police diversionPolice diversion Case-by-case decisionCase-by-case decision

Who is involved…Who is involved…

The victim of the offense/harmThe victim of the offense/harm If identified, they have the option of If identified, they have the option of

participating or submitting a victim participating or submitting a victim impact statementimpact statement

Victim surrogate representationVictim surrogate representation Affected neighborhood residentsAffected neighborhood residents Affected communityAffected community

CAB SessionCAB Session OpeningOpening ImpactImpact AgreementAgreement ClosingClosing

Did not show -Did not show - No Agreement -No Agreement - case goes back to case goes back to

ProbationProbation

OPENINGOPENING IntroductionIntroduction

Interest and roleInterest and role Relationship to community or Relationship to community or

neighborhoodneighborhood Relationship to crime – offender or victimRelationship to crime – offender or victim

Purpose and goalsPurpose and goals Understand the harmful impact of the Understand the harmful impact of the

behavior/offensebehavior/offense Determine together what can be done to Determine together what can be done to

make it rightmake it right

ProcessProcess

Description of Description of offense – offenderoffense – offender

Description of Description of impact – victimimpact – victim

Supporters of Supporters of both – impactboth – impact

CAB members – CAB members – impact impact

Ground RulesGround Rules

Respectful Respectful behaviorbehavior

Truth tellingTruth telling No interruptingNo interrupting Maintaining Maintaining

confidentialityconfidentiality Staying focused Staying focused

on repair of harmon repair of harm

HEARING the IMPACTHEARING the IMPACT Youth describes incident in detailYouth describes incident in detail Victim describes incident & impactVictim describes incident & impact Supporters of both speak about incidentSupporters of both speak about incident and why they have come in supportand why they have come in support CAB members dialogue about concernsCAB members dialogue about concerns Questions may be asked at this timeQuestions may be asked at this time Continue dialogue focused on impact, Continue dialogue focused on impact,

behavior and move to agreementbehavior and move to agreement

BUILDING the AGREEMENTBUILDING the AGREEMENT

What needs to happen to repair the What needs to happen to repair the harm?harm?

Primary dialogue between youth & victimPrimary dialogue between youth & victim Victim input if not attending Victim input if not attending Focus - Direct harm to victimFocus - Direct harm to victim Focus - Direct or indirect harm to Focus - Direct or indirect harm to

neighborhood/communityneighborhood/community

Build agreement when all are satisfiedBuild agreement when all are satisfied Time lines and expectations clearly Time lines and expectations clearly

defined for probation monitoringdefined for probation monitoring Clarify often, ensuring agreement is Clarify often, ensuring agreement is

accurateaccurate Review agreement Review agreement Read aloud Read aloud If acceptable, everyone signsIf acceptable, everyone signs

CLOSINGCLOSING Allow time for anyone wishing to offer Allow time for anyone wishing to offer

closing wordsclosing words Express hope that session met victim Express hope that session met victim

needs & offered voice in the process; needs & offered voice in the process; thank victim for participatingthank victim for participating

Thank offender for efforts to make things Thank offender for efforts to make things rightright

Thank supporters and CAB members for Thank supporters and CAB members for participation and inputparticipation and input

Break breadBreak bread

What Are Outcome Possibilities?What Are Outcome Possibilities?

Oral or written apologyOral or written apology Financial restitution to the victimFinancial restitution to the victim Community service projectsCommunity service projects Educational/vocational/mentoringEducational/vocational/mentoring Screening and assessment for alcohol or Screening and assessment for alcohol or

substance use/abusesubstance use/abuse

All outcomes are competency based - SAM:All outcomes are competency based - SAM: Specific, achievable and measurableSpecific, achievable and measurable

Measuring What MattersMeasuring What Matters

Creating Safer CommunitiesCreating Safer Communities Declining juvenile crime rateDeclining juvenile crime rate Juvenile offender crime desistance in Juvenile offender crime desistance in

early adulthoodearly adulthood Crime free short-term post-supervisionCrime free short-term post-supervision Crime free short-term community Crime free short-term community

supervisionsupervision

Measuring What MattersMeasuring What Matters

Skilled and Connected Youth in Capable Skilled and Connected Youth in Capable Communities: Communities: Competency Competency DevelopmentDevelopment Academic/educational competence Academic/educational competence Occupational competencyOccupational competency Drug Resistance competencyDrug Resistance competency Community competencyCommunity competency

Measuring What MattersMeasuring What Matters

Accountable Offenders and SystemsAccountable Offenders and Systems

Victim satisfactionVictim satisfaction Offender impactOffender impact Completion and payment of restitution Completion and payment of restitution

ordersorders Completion of community service hoursCompletion of community service hours System accountabilitySystem accountability

Successful CompletionSuccessful Completion

Agreement terms metAgreement terms met Victim satisfactionVictim satisfaction Community Community

satisfactionsatisfaction System satisfactionSystem satisfaction In right relationshipIn right relationship

Janelle M. ClearyJanelle M. ClearyRestorative & Community Justice SpecialistRestorative & Community Justice Specialist

jcleary1@hvc.rr.comjcleary1@hvc.rr.com