BY REBECCAH WAFF COPE
Have you heard of “restorative justice,” which focuses on the rehabilitation of offenders through reconciliation with victims? Restorative justice programs are designed to repair the harm caused to all individuals involved in a crime, and to the broader community, by encouraging open communication between justice-involved youths and victims and holding the offending youths accountable for their actions.
A teen who stole something might have to repay the victim or give back an item, write an apology or make a statement in front of those they hurt, and/or do community service work in their town to make amends for what they did. In exchange, they might not end up with a criminal record and be less likely to commit another crime, having been held responsible for their actions and tasked to repair the damage that was done.
A new teen-focused restorative justice initiative has begun in Holly Springs and may start up in other nearby towns, such as Apex, Wake Forest and Zebulon. While the “Capital Area Teen Court” was started more than 24 years ago by the non-profit group then known as ReEntry, Inc. (now Criminal Justice Alternatives) and has been operating in Raleigh for years, what’s new is that it is now starting to be offered in outlying areas, through state, county and town partnerships. Holly Springs is the first town to host a “Teen Court.”
Criminal Justice Alternatives (CJA) is a publicly funded non-profit 501(c)3 corporation which partners with the criminal justice system to guide offenders toward responsible life choices. As it states on the organization’s website (www.cjanc.org/): “The history of CJA has been one of constant evolution as the organization assesses and responds to the urgent need for new, innovative, and effective programs in Wake County and North Carolina criminal justice systems.”
In 1998, the Teen Court (capitalareateencourt.com/) was started with funds from the North Carolina General Assembly. It is a program that gives youth between the ages of 11 and 17 who have committed a first-time misdemeanor offense, a second chance, while holding them accountable for their actions. The program is funded by the Wake County Juvenile Prevention Council (part of the NC Department of Public Safety), and through the Scheick-Verrochi Family Foundation.
According to Ms. Jennifer Gibbs, the CJA’s executive director, the goal is to eventually hold Teen Court in all of NC’s 100 counties. This expansion is a state legislature goal and part of the Juvenile Justice Reform Act (JJRA). Ms. Gibbs said that “Holly Springs has been phenomenal in helping us and is an excellent place to pilot the new initiative.” Holding the program in outlying areas will alleviate a known transportation problem and hopefully result in more teens making it to their scheduled court times.
According to Sergeant Tom Brienzi with the Holly Springs Police Department, the Town has utilized the Teen Court program in Raleigh for years, which is one reason why town officials were interested in serving as a pilot community for the new program.
Teen Court is a funding priority for the state legislature through the JJRA effective December 1, 2019, which states that “for offenses committed on or after this date, if the offender is under the age of 18 on the date of offense, the case must be initiated in juvenile court.” As it states on the Teen Court webpage: “A young person is likely to be redirected toward a crime-free future when their peers and supportive adults are involved in the direction of their Teen Court plan.”
This idea is part of a concept known as restorative justice, which involves a process to hold offenders accountable and requires them to take responsibility for their actions and repair things as much as possible, and to never commit that crime again. It’s about doing something, not just feeling sorry about it. According to a report issued in 2012 by James Gilligan, “restorative justice can cut reoffending down by 83%”, and a 2016 statement from Centinola Youth Services indicated that “98% of victims in a restorative justice program are satisfied with the results.” Details on restorative justice’s origins can be found on the website for the National Association of Community and Restorative Justice (www.nacrj.org).
Misdemeanor offenses (such as larceny, simple assault, property damage, drug or alcohol possession, and others) are heard in Teen Court. Referrals that come to Teen Court mainly from law enforcement and school resource officers are pre-charge and are diverted from the juvenile justice system. A Teen Court Coordinator has the final say on whether or not a case is appropriate for Teen Court.
Defendants must stand before a jury of their peers, plead guilty to the offense and accept the sanctions imposed by the jury. Required actions must be completed within 90 days after sentencing. If all requirements are met, the charge against the teen is dropped and their record is wiped clean of the offense. Teen volunteers, aged 11 to 17, with adult mentoring, act as defense attorney, prosecuting attorney, bailiff, court clerk and jurors. The only participating adult is the judge who is a licensed attorney, actual presiding judge, or second-year law student. Some 40 or so volunteers are needed to run the court.
Teen Court is currently held in Holly Springs at Town Hall on a quarterly basis, but with adequate volunteer support, it may eventually be held two times each month, likely on the first and third Tuesdays, such as now takes place in Raleigh. Some 300-400 clients are seen through Capital Area Teen Court each year and cases are assigned to Holly Springs Teen Court by CJA staff, based on the client’s home address.
Adults and youth interested in helping out can contact the CJA’s volunteer coordinator. Community service credit is available and, as Ms. Gibbs said, “It’s a great learning experience.” Teen Court also counts as jury duty time. Note that youth must have a parent/guardian signature listed, and adults must undergo a background check before volunteering.
Sergeant Brienzi noted that he is impressed with how the Teen Court has turned some people around and how the program has come together in the Town of Holly Springs. He has seen previous offenders ask to become involved in the program and volunteer for the court. He hopes the community will continue to support the program, along with several other initiatives that he also mentioned, including the “Character Does Matter” and School Resource Officer programs (which place plain clothes law enforcement officers in public schools for positive interactions with students), as well as the Popsicle and Bicycle Give-Away programs.
Ms. Gibbs with the CJA mentioned another initiative that is complementary to these efforts, which has the support of the state legislature and received funding—a “restorative circles” program, which is an alternative to the Teen Court. The court setting may not be appropriate for some youth, especially those that are young or have special needs. This program involves a process that includes the victim, youth, parents, and community members. All parties involved create a circle after a youth commits an offense and a plan to “right” the harm done. The program allows for more flexibility and support in a less intimidating environment.
Kudos to our community leaders and supportive organizations for working together to develop these innovative programs, which hopefully will result in safer communities and more satisfying outcomes for our town, along with increased peer mentorship, leadership opportunities, and resources for our youth and their families.
