Restorative Justice Part 1: Juvenile Court Diversion is Cheap and Effective, But Inconsistent Across NH

It’s now common for youth to remain in foster care or residential treatment for years. For troubled or victimized children in need, assistance at home is often more effective than foster placement.

Philadelphia's criminal justice system is overwhelmed. New York is allowing judges to release low-risk defendants accused of non-violent crimes with the goal of saving money, reducing prison overcrowding, and cutting down on prison violence.

A growing number of tribal judges nationwide - including Judge Abby Abinanti of the Yurok Tribal Court - are using a framework of traditional culture and an approach known as "restorative justice" to address both the need for rehabilitation of offenders and resolution for people often failed by the dominant criminal justice system.

A consent decree ensures juveniles are not held more than 21 days in a Jackson, Miss., facility that was the subject of a lawsuit over the number of children it held and the conditions they faced. But opponents, including a youth court judge, say this is not solving the underlying problems facing the young offenders and even the plaintiffs in the suit says the larger issue is the approach to juvenile justice in the state.

New Zealand introduced restorative justice practices for juveniles in their criminal justice system after incredibly high rates of child incarceration and an over-representation of minorities. The practice, in places since the late 80's, includes youth justice councils and limits police arrests. The "overall number of youth arrested, charged, and incarcerated" has fallen, but there is still disproportionate representation of minority groups in the system.

In Colorado, four communities are piloting a program that offers low-level drug or prostitution offenders an alternative to prison. This program, known as Law Enforcement Assisted Diversion, matches the offender with a case manager who in turn connects them with treatment and training resources.

The Law Enforcement Assisted Diversion (LEAD) program in Alamosa, Colorado, gives police officers the option of sending people to substance abuse treatment rather than straight into the criminal justice system. Used in non-violent cases, the diversion program is based on a harm-reduction model that uses a health-care approach rather than a punitive approach to address the underlying issues when a crime is committed. Some police officers object to the program's mission, but proponents say that forcing compliance would be counterproductive.

As an alternative to traditional courts, community courts provide resources to those experiencing homelessness. Fines and jail time are often the punishment in traditional courts for those charged with trespassing or loitering, but community courts provide services that help people find housing, jobs, health care, and even offer mobile showers, food stamp assistance, and mental health care. While the long-term data are lacking and don't offer a clear picture of recidivism rates, community courts do provide a better quality of life for those living on the streets.

New Hampshire's Rockinham County gives some people with extensive drug and criminal histories an offramp from the criminal legal system, in the form of housing at Cross Roads House and a drug court to emphasize treatment over punishment. But, while other cities in the state meet such needs with multiple programs, the second-most populous county in the state has a severe shortage of supportive housing and services. Such services can make the difference between prison and success, and even between life and death in a place with high rates of overdose deaths.

In 2017, New Jersey eliminated the cash bail system – meaning that potential offenders awaiting court could not be held in jail for money. Instead, judges use an algorithm that considers the individual’s criminal history, flight risk, and threat level to the community. As New York considers doing the same, it looks the impact it has made in New Jersey.