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 committed against victims and

communities.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 Probation Diversion Program – non CABCAB

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 & Primary dialogue between youth & victimvictim

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 Screening and assessment for alcohol

or substance use/abuseor substance use/abuse

All outcomes are competency based - All outcomes are competency based - SAM: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 Agreement terms metmet

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