Pprjc Handbook 10-8-07

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T M SR J P

B GJ H

L L

K J

ONE COMMUNITY AT A TIME

T H

R J


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This handbook is a joint project of the Manitou Springs Restorative Justice

Council and the Pikes Peak Restorative Justice Council. Both Colorado

organizations are dedicated to promoting the use of restorative justice

principles and practices in communities worldwide.

The authors of this handbook are glad to share this information and material

with any individual or organization whose purpose is to promote the use of

restorative justice practices and principles. Any material may be copied or

reproduced without any further permission from the authors. The authors

are available to consult with organizations or communities interested in

implementing restorative justice practices.

Manitou Springs Restorative Justice Council

304 Michigan Ave.

Manitou Springs, CO 80829

(719) 685-2551

Cover design by Doug Katz, JamArtz

Edited by Mary Kay Foreman

Manitou Springs Restorative Justice Project

A project of the Pikes Peak Community Foundation


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Blueprint For Implementing Restorative Justice Practices

Contents

Acknowledgements___________________________________________3

Introduction__________________________________________________4

Implementation Steps__________________________________________Step 1 - Identifying the Issues.5Step 2 - Creating Awareness...6

Step 3 - Identifying the Current Processes..8

Step 4 - Restorative Justice Processes.9

Step 5 - The Decision10Step 6 - The Plan...12

Step 7 - Training14

Step 8 - Implementation.17Step 9 - Evaluation.19

Step 10 - Continuous Improvement...21

Appendix______________________________________________

Blueprint for Implementation....22Video Collection.23Manitou Springs Vision, Mission & Principles..27

Referral Form..28Consent Form..30

Community Service Form...31Evaluation Forms32

Manitou Springs RJ Evaluation..36

HB-1117 RJ in Colorado Childrens Code..42

________________________________________________________________________

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Acknowledgments

The Manitou Springs Restorative Justice Council is grateful for the help and support of many

individuals who have been instrumental in the creation, implementation and monitoring of the

Manitou Springs Restorative Justice Project. Thanks to the vision of Bill Groom and JackRuszczyk the concept of restorative justice was brought to our community. David Chorpenning

helped the initial planning group shape their own RJ vision for the community. Roy Crawford,

Superintendent, Manitou Springs School District provided the forum for our initial exploration of

restorative justice practices and both he and Beth Campbell, Assistant Superintendent of School

District 14 have been strong supporters and promoters of the program since its inception. We are

grateful to the School District 14 Board of Education for adopting RJ principles and practices and

for supporting their administrative team and staff as they explored ways to implement RJ

practices in the school district.

This project would not have gotten off the ground without the strong support of Martin Thrasher,

Municipal Judge, Manitou Springs, CO and Debra Eiland, Manitou Springs City Attorney. Judge

Thrasher was an active early supporter and was very receptive to trying a new concept in his

courtroom. Debra Eiland, made it possible for the program to go from the planning stage to

implementation. Shortly after taking office, Ms. Eiland enthusiastically offered to develop and

implement a referral process for RJ cases from the Manitou Springs Municipal Court. Her

continued involvement with this program is very much appreciated.

Thank you to Chief Mary Jo Smith, Chief of Police, Manitou Springs, CO who was very open to

allowing MSPD officers to participate in the program and provided training opportunities for

officers in RJ principles and practices. Thanks also to Marc Snyder, City Councilman and the

entire Manitou Springs City Council, for embracing the RJ concept for our community. Yourleadership in adopting the RJ principles demonstrated to the community that implementing RJ

practices fit well with our community values.

Thank you to Rev. David Hunting, Pastor, Community Congregational Church, Manitou Springs,

CO for providing a roof over our heads for our regular meetings. Pastor Hunting continues to be a

wonderful ambassador for the program. Jeannette Holtham, President/Founder, Youth

Transformation Center continues to provide both her training expertise and her unbounded

enthusiasm to the program. Lynn and Pete Lee have been critical community volunteers for the

program and have taken on many administrative and facilitation roles for the program. We are

also grateful to all the facilitators and community members who have participated in the

facilitation process. We also want to thank Edie Greene and Hilary Anton-Stang, University of

Colorado, Colorado Springs who donated their time and expertise to provide a program

evaluation. Thanks also to all of the members of the Manitou Springs Restorative Justice Council

who over the past years have volunteered hundreds of hours to insure the success of the program.

Ken Jaray, Chairperson

Manitou Springs Restorative Justice Council

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Introduction

The Manitou Springs Restorative Justice Project has truly been a grass roots,

collaborative effort. The seeds of the project were planted in October 2004 at a

community meeting hosted and facilitated by Bill Groom, Jack Ruszczyk and Ken Jaray.At that meeting, representatives from all of the major community organizations and

community groups gathered to explore restorative justice principles. At the conclusion of

the meeting, the group decided that Manitou Springs, an historic community of 5000

residents nestled at the foot of Pikes Peak should become a restorative justice community.

Over the next eighteen months, the group embarked on a journey to explore what that

would mean for the community and how RJ practices could be implemented in our court

system, school district and the community.

In March 2006, the first referral was made from the Manitou Springs Municipal Court for

a restorative process. Thankfully, the first case was successful in bringing together the

offender, the victim and a community member to acknowledge the harm caused by the

offender and to create a process for resolving the harm for both the victim and the

community. Since then, the project has handled over 60 cases, the vast majority of which

have also been resolved in a respectful, safe and restorative manner. Shortly thereafter,

the school district began using a restorative approach to a variety of student conflicts and

offenses.

The authors have written this handbook with the hope and desire that it be used by other

small and large communities as a roadmap for implementing similar projects. It is oursincere belief that the use of restorative practices has the promise of transforming

communities worldwide. Its promise lies in part due to the need to provide an alternative

to the often failed retributive justice system. It has also demonstrated time and time

again, that a full implementation of restorative principles will insure that we develop and

maintain healthy relationships. In doing so, we are convinced that a transformative

process can take place, one community at a time.

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Blueprint For Implementing Restorative Justice Practices

Step 1 - Identifying the Issues

Initially, participants will explore the critical importance of relationships and how

they are damaged by intentional harm.

Does the current system allow the victim to be heard and have a sayin how the harm should be repaired when an offense has been

committed?

Does the current system allow for the offender to be heldaccountable, feel empathy for their victim and understand how to

effectively repair the harm to the victim?

Does the community have an opportunity to express how the offensehas affected members of the community? Do they presently have the

opportunity to determine how the harm can best be repaired to the

community as a whole?

Currently, are relationships restored between offender, victim and thecommunity?

Evaluating the Need

"Arriving at a sense of peace and balance through the restorative justice process is always a blessing

within a community."David Hunting, Pastor, Community Congregational Church, Manitou Springs, CO

If the participants agree that the above questions or issues are important and would like to

find a method of restoring relationships when an offense has been committed, they areready to move on to Step 2.

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Step 2 - Creating Awareness

The key principles for a restorative justice program should include the following:

1. Voluntary Participation: All participants voluntarily agree to participate in a

meeting in a safe setting with a trained facilitator.

2. Responsibility and Accountability: Offenders acknowledge their

responsibility for the offense and are willing to repair its harm.

3. Victims: Restorative justice is a victim-centered process. Victims are

encouraged to participate. A victim may also write a victim impact statement

and choose to be represented by a victim advocate or surrogate.

4. Community: Affected members of the community are encouraged to attend

and assist in determining how the harm will be repaired.

5. Respect: All participants treat one another with respect and are willing to strive

to agree on how the harm is to be repaired.6. Agreement: All participants are willing to work together to determine how the

harm is to be repaired.

Restorative justice practices vary across a wide spectrum. A simple practice is when a

victim tells the offender of the harm that resulted from an offense and the offender

acknowledges responsibility for that harm and does what can reasonably be done to

repair it. A complex case may involve a meeting with multiple victims and affected

members of the community and multiple offenders and one or more trained facilitators.

Connecting with people is what life is all about. This appeared to be the

first step that this outstanding program was trying to accomplish and they

did. They gave me a chance to realize the mistake I made and that it was

my responsibility to learn from it. They treated me as an equal.

19 year old offender

The process usually includes the following steps:

1. Source: Referral sources usually include a justice system (municipal, county or

district courts, school districts, chamber of commerce, community members). In the case

of court referrals, the Judge may retain the authority to approve any restorative justice

agreement that may be achieved, modify it or impose additional consequences.

2. Qualifying: Before a restorative justice meeting, the facilitator determines if

the parties are willing to meet in accordance with the restorative justice principles. If not,

the case is referred back to the Source.

3. Meeting: The meeting includes a trained facilitator, the offender, the victim, or

a surrogate, and if possible, one or more members of the community affected by the

offense. Additional supporters of the parties may also be included.

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Although it was a difficult experience for both of us, going

through this process, it has also been an overwhelmingly

positive process. Everyone was great and I am

appreciative. Mother of offender

The facilitator

maintains the

focus of the

meeting and

reminds the

parties of the rules. The victim and community members have the opportunity to discuss

how the offense has affected them, and to ask the offender questions about the incident,

and the offenders intentions regarding repairing the harm and re-offending.

RJ looks beyond the offense to the rest of the problem and facilitates a plan to

help the offender. Everyone is treated fairly, works together to come to a

consensus. 17 year old community participant

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Step 3 Identifying the Current Processes and Impact on the

Community

As participants have become aware, Restorative Justice centers around relationships;

relationships between victims, offenders and community members. It is important during

this step to consider how conflicts and offenses affect individuals as well as other

community such as families, peer groups, schools, or workplaces.

Analyzing the Current Process

1. How are conflicts and offenses currently being dealt with in your community?

Court imposed punishment, termination from employment, and suspension or

expulsions from school are some typical ways communities deal with offenses,

conflicts and disputes.

2. Is the harm being repaired to the community? Are community members able tohave input in discussing how an offense has affected them and what they might

need in order to feel that the harm has been repaired? Are community members

confident the offender will not continue to commit the same offense?

3. Is the victim able to be heard and are his/her needs being met within the current

process? Is the offender held accountable and able to feel empathy for the victim?

4. Do offenders get the opportunity to hear directly from others about how their

behavior affects victims/community members? Do offenders get the opportunity

to be heard by victims/community members?

5. Are the relationships restored?

Consider the following typical cases and go through your current process to determine if

it meets your community needs for maintaining healthy relationships.

1. A youth who had been charged with possession of drug paraphernalia.2. A middle school student who pushed and hit another student, causing bruises and

a visit to the hospital.

3. Two employees who have continual conflict with each other. Their behavior isaffecting the workplace.

4. Theft from a local shop.

-

"Municipal court judges have very few tools to use when dealing with defendants. Fines

and jail are simply not appropriate in some cases in which the defendant needs to accept

responsibility, and understand the impacts of his actions.

Martin Thrasher, Municipal Judge, Manitou Springs Municipal Court

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Step 4 - Restorative Justice Processes

Next, you will compare the two processes: the conventional justice system and

Restorative Justice. In Step #3, you considered specific offenses and how the current

justice system addresses them. For each of those offenses, consider how a Restorative

Justice process might handle the same offenses using the questions discussed in Step 3.

1. How are conflicts and offenses dealt with in Restorative Justice?Victims, offenders and community members meet with a trained facilitator to

discuss the offense, how it affects each of them and determine together what

is the best way to repair the harm.

2. Is the harm being repaired to the community?Community members have the opportunity to tell the offender how the

offense has affected them and have a direct say in determining how the

harm will be repaired to the community. Frequently, they feel confident theoffender will not commit the same offense again.

3. Are the victims needs addressed? Restorative Justice is a victim-centered

process. Attendance at the conference is voluntary on the part of the victimand some victims choose to have someone else represent them at the

conference. They have the opportunity to let the offender know how they

feel about what happened and discuss how the offense has affected them.

The victim is able to experience any empathy the offender develops towardhim/her. The victim has a direct say in determining how the harm will be

repaired to them individually.

4. How are offenders treated? Everyone in the conference is treated with

respect. Offenders have the opportunity to describe what happened and learn

from both victims and community members how their offense has affectedothers. Offenders have an opportunity to assist in determining how to best

repair the harm.

5. Are Relationships restored? Sometimes relationships are completely

restored the end of the conference. Other times, it is an opportunity for all of

those affected by an offense to begin the healing process.

"RJ has provided an invaluable process to empower our students and to enable our school

community to restore relationships in a positive, nurturing, and supportive environment. It is

completely consistent with the vision and mission of our schools."

Roy Crawford, Superintendent, Manitou Springs School District

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Step 5 The Decision

Is your community ready and willing to adopt and implement restorative justice

principles and practices? No doubt you fully realize the importance of maintaining

healthy relationships and how they can be damaged by intentional harm, disputes and

conflicts. You are undoubtedly familiar with the principles and practices of restorative

justice, and are now trying to determine whether to move forward with this effort. In

doing so, consider the factors often used by funding organizations when determining

whether to fund community based efforts.

"Using a restorative justice approach to municipal offenses has

resulted in a much more effective resolution of the harms

caused by offenders. It has also resulted in victims and

community members being able to participate fully in the

process.

In many cases, the criminal justice system whereby I must use

a "beyond a reasonable doubt" standard, just does not serve the

community's or the victim's or the defendant's interests. RJ

provides an alternative that serves everyone's interests much

better in many cases.Martin Thrasher, Municipal Judge,Manitou Springs Municipal Court

Community Resources Needed

Community leadership

Commitment Stability Management and

professional capacity

Availability of political,social, and financial

resources

Determining which individuals and organizations will drive the implementation of this

effort is critical. The leadership team should include committed individuals who are able

to help the community create a vision of how the process will work, have the ability to

build trust, and are able to inspire commitment for a long term (3-5 year) effort. The

leadership team should reflect the diversity of the community and include all major

community stakeholders. In most cases this will include representatives from the school

district (administration, staff and students), government (court, police, city council, and

administration), businesses, faith community, neighborhoods and related non-profit

organizations.

In order to increase the likelihood of success, it will be helpful to include leaders from

one or more organizations who will commit to providing stability for this effort. In

Manitou Springs, we were very fortunate that the Superintendent of the Manitou Springs

School District, along with several other key administrators and staff, agreed to

participate. By doing so, their participation provided credibility to the effort as well as a

long term view toward meeting the needs of the youth in our community.

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A key initial step will be to identify one or more skilled, neutral facilitators who are

committed to the concept. The facilitator(s) will work with the key stakeholders to design

and manage the initiative. Initially, they will also work with the key stakeholders to

insure that a diverse and effective leadership team of approximately 10-12 people isbrought together.

"I have been delighted that many of our community organizations, including the

City Council, School Board, Chamber of Commerce, Economic Development

Council and the Business Improvement District have all adopted the RJ principles."

Marc Snyder, City Councilman, Manitou Springs, CO

You should

consider what will

need to happen in

order to

implement RJ

practices in determining who should be involved with the initial planning process.

Including the City Council members, the City Attorney and court personnel in the

planning process is critical if your goal is to implement RJ into the administration ofcriminal violations. The same would apply to school personnel in order to implement RJ

practices in your school district. Determining early on whether there is political and

social support for this initiative will help avoid frustration and wasted efforts.

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Step 6 The Plan

Creating a plan to insure the sustainability of the project is critical. The planning process

can be divided between committees or completed by the planning group. Some initial

tasks that should be considered are:

Developing a clear vision: Having a clear picture of the ultimate success of theproject will help guide the project over the long term.

Goals and Objectives: Create short and long term goals and measurableobjectives as a road map of what you want to do.

Financing: Create sustainable financing methods, if possible without the need forongoing grants or fundraising through the use of program income.

Public engagement: Community organization should be asked to adopt RJprinciples. Develop either a fact sheet or brochure to explain RJ to thecommunity. Hold one or more community orientation meetings.

Research and evaluation: Begin collecting data and participant feedback. Training: Provide opportunities to educate community leaders, stakeholders and

the public about RJ principles and practices.

Flexibility: Be aware of the changing needs and desires of the community andadapt as necessary.

"Shortly after being appointed city prosecutor, I was delighted to learn about a community effort to

implement RJ practices in our municipal court. After several meetings with the Manitou Springs

Restorative Justice Council, we were able to implement an efficient process for screening and referring

cases." Debra Eiland, City Attorney, Manitou Springs, CO

During the initial planning months, it will be important to build trust and commitment

among the participants. One method of doing so is to create a clear set of workingagreements. These would include topics such as how you will communicate with each

other and the community, how you will resolve conflicts, and how you will acknowledge

your successes and mistakes.

For some people spending a month or two on creating a vision or mission statement may

seem like a waste of time. However, all participants should be encouraged to be patient

with this portion of the process. There is significant research to demonstrate that those

organizations that have an inspiring declaration of why they exist (purpose or mission)

and a clear picture of the ultimate success of the project (vision) are much more likely to

be successful and sustainable. It is often difficult to balance the process work with actionsteps needed to move the project forward. Recognizing the importance of spending time

on both learning and relationships as well as producing some early results will be

important. It will help members of the group to keep from becoming frustrated by either

too slow of a process or from making early decisions which may need to be reconsidered

later on.

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After several months of hard work, the MSRJC developed the following vision and

mission statements. These can be used as a guide, but each community would be wise to

establish a direction which will fit the particular needs and desires of the community.

Vision: People in the Manitou Springs community will resolve conflicts in a

respectful, safe and restorative manner.

Mission: To promote the use of restorative justice principles and practices in the

Manitou Springs community.

Healing and moving forward in a positive manner are sometimes much more

important than traditional punishment. I am extremely pleased to have

Restorative Justice as a tool to use in appropriate cases in Manitou Springs."


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Step 7 - Training

A strong restorative justice training component can move your implementation planahead more quickly. It also gives you the opportunity to set a high standard that can

maximize the impact on participants and the community at large and add credibility to

your program.

Who may need or want training?

Those who wish to become facilitators of restorative justiceconferences

Victim advocates who will support the victims; Police officers Court and probation personnel School counselors and school district administrators Clergy and faith community members

Individuals who wish to participate as community representatives Parents Youth Employers Funders of the program Legislators and government staff

What type of training is recommended?

Formal training along with confidence-building practice is important for thosewho plan to facilitate the conferences or support victims.

Informal overview training is adequate for all others who simply wish tounderstand the principles and practices of restorative justice.

Where can we get training?

Formal training is available through outside sources, or you can develop your owntraining. (See list of resources.)

A strong, experienced restorative justice facilitator can provide individuals withthe opportunity to experience restorative justice in action by letting them sit in as

community members.

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What transferable skills might be considered when deciding who should facilitate or

provide training?

Mediation experience is helpful, although the restorative justice process differssomewhat. Be certain that the individual will be able to make the transition

while drawing upon existing skills.

Psychologists and therapists can bring a rich and varied experience to the processso long as they understand that the restorative justice conference is not a therapysession.

Victim-offender mediation experience is beneficial as it aligns well withrestorative justice conferencing.

Previous teaching and facilitation experience gives an individual an edge inworking with restorative justice participants.

Former offenders and victims can provide life experience if they choose tofacilitate RJ conferences or train others.

What are some recommended components of restorative justice training?

Role-play demonstrations of the pre-conference and the conference process. Experiential and interactive activities that allow for practice and getting questions

answered.

Case studies, potential real-life scenarios, and outcomes. Victim awareness discussions. Offender awareness discussions. History of RJ and its use worldwide. Testimonies of former participants (victims, offenders, or community

representatives) to validate impact.

The circle process. Recommended reading and videotape list.

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Training Resources

Restorative Justice Training in Colorado

Alamosa: Contact Alice Price at the Center for Restorative Programs,PO Box 1775, Alamosa, CO 81101; call 719-589-5255

Boulder (University of Colorado): Gina Bata (303) 492-0816 Colorado Springs: Contact Jeannette Holtham at Youth Transformation

Center which provides a 15-hour restorative justice facilitation class

accredited through UCCS (University of Colorado at ColoradoSprings); (719) 440-1983 or www.YouthTransformationCenter.org.

Colorado Springs: To volunteer as a community member or to view therestorative justice process first-hand, call Lynn Lee at (719) 640-1650.

Denver: Contact the Forum on Restorative Community Justice, AnnTerry at (303) 601-2411, or Kippi Clausen at (303) 521-8968; or writeto 900 Auraria Parkway, Suite 129. Denver, CO 80204

Denver: The Conflict Center at (303) 433-4983, located at 4140 TejonStreet, Denver, Colorado, 80211.

Denver: Student Peer Mediation training with life coach Kelly Mitchellat LifeTrax (303) 568-9420.

Ft. Collins: Contact Bernadette Martinez, Victim AssistanceCoordinator 8th Judicial District Probation at (970) 498-5809.

Longmont: contact Beverly Title at Teaching Peace, 303-776-1527,333 Terry Street, Longmont, CO 80501.

Salida: contact Dianne Walker at (719) 221-0763.Recommended Reading/Videotape List

Google restorative justice for a comprehensive variety of availablereports and guides on restorative justice.

The appendix contains a list of video tapes which will be helpful ineducating the community about RJ principles and practices.

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Step 8 Implementation

Having spent valuable time researching, visioning, planning, training, and promoting,

your group is now ready to implement a new process of resolving criminal complaints or

conflicts within your community. The following issues will need to be considered.

Creating an implementation process that is sustainable will generally require that it be

low cost, efficient, inclusive and accountable. Although some money will be needed

initially for training and

other program expenses,

a program will most

likely be sustainable if it

can be operated withprogram income and

volunteer staff. The implementation process should also be easy to maintain and

eventually become one of the standard and accepted tools to be used for resolving a

variety of criminal complaints and conflicts within your community.

Implementation Considerations Focus on the needs of stakeholders. It is critical to consider the

needs and structure of existing organizations (school district or

municipal court) when implementing a successful and sustainable

process within these organizations.

Identify a location to hold RJ conferences. A small conferenceroom in a public building (city hall or library) may be availableand should not cost money to use.

Develop a referral process. Create a simple and efficient way forreferral sources to convey information concerning case referralsand obtain information about the outcome.

Create an accounting system. Program income and expenses willneed to be processed through either a fiscal agent or a non-profit

organization created to manage the program. There may besignificant advantages to using a fiscal agent such as a community

foundation.

Select facilitators and community participants. Identify someonewho will act as a case referral manager who will assign cases toappropriate facilitators and community participants.

Develop reporting procedures. Create a simple process for thefacilitators to report the results of the RJ conference andevaluation data and provide them to the case referral manager.

"The process of implementing RJ practices in our community has truly

been a grass roots collaborative effort. We have received tremendous

support from everyone involved in our criminal justice process. It has

been done without any city money and has become a very sustainable

program". Marc Snyder, City Councilman, Manitou Springs, CO

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Although there will most likely be one or more champions of the project initially, an

informal or formal process should be developed to consider how new leadership will be

brought into the project. It is also important to acknowledge the hard work of community

members and supporters and to celebrate successes both small and large throughout the

process. Periodically, it will be important to communicate results to, and solicit feedback

from, the community and major stakeholders.

"I have been very pleased with how many cases referred to the RJ program have resulted

in a satisfactory agreement between the victim, offender and community participants. In

the past few years, less than a handful of cases referred to Restorative Justice have not

resulted in positive outcomes. I have a great deal of faith in the City Prosecutor's use of

discretion in recommending cases that are appropriate for Restorative Justice. I routinely

approve these referrals to RJ because the program has been so successful."


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Step 9 - Evaluation

Once the plan for restorative justice has been implemented, it is important to

continuously evaluate your progress toward fulfilling the goals and objectives of your

plan, keeping in mind your vision and mission.

Develop a questionnaire to be used at the close of each conference. Each of the

participants will complete the questionnaire, answering questions regarding their

satisfaction with the conference. The Manitou Springs Restorative Justice Project has

been fortunate that the staff members from the University of Colorado, Colorado Springs

were willing to help develop a participant questionnaire and gather statistics. It is

important to be able to report back to your community regarding the progress and success

of the restorative justice program. The statistics are also very useful in providing

information to funding sources. Be flexible and willing to change the questionnaire so

that it fits with your program and provides answers to the questions that are important in

your community.

Evaluate how your process is working with referral agencies (schools, court personnel,

etc.). Again, be willing to make changes to improve the process. The Manitou Springs

Restorative Justice Council initially trained school personnel (counselors, principals, etc.)

so that they would be able to conduct conferences on their own. The middle school

counselor conducts the conferences for her school and receives support from the

Restorative

Justice Council.

The high school

has chosen to

hire facilitators

through the

Council, preferring to have an outside source conduct the conferences and be responsible

for the follow-through. We originally had cases referred to us through the local city

attorney. Presently, the restorative justice coordinator is interviewing possible restorative

justice referrals during the court session.

"Implementing restorative justice practices in the Manitou Springs Municipal

Court has been a successful collaborative effort between the court, city attorney,

and members of the Manitou Springs Restorative Justice Council. Referrals to

Restorative Justice are now a routine practice in our court that is very easy to

administer. Martin Thrasher, Municipal Judge, Manitou Springs, CO

Be willing to work with referral agencies in ways that will work the best for them. If

representatives from the referral agencies are not actively participating in restorative

justice meetings, set a time to meet with them periodically to review how the process is

going. Evaluate the effectiveness of the restorative justice program for the primary

stakeholders: victims, offenders and community members.

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Participant Evaluations

Victims: If victims are reporting a low level of satisfaction or you

have not been very successful in having victims attend conferences,

consider including victim advocates. Some communities have

trained victim advocates who work as volunteers. You may contact

your local Victim Assistance & Law Enforcement Board (VALE),

Sheriffs Department or the Colorado Organization For VictimAssistance (COVA) for victim assistance.

Offenders: Monitor closely the number of offenders who are

successfully completing the restorative justice program. If there are

a large number who have been unsuccessful (25%), look at the type

of follow-through that is being conducted for the offenders.

Facilitators may also need more information about available

community resources an offender may access in your community.

Community Members: Continually recruit new communitymembers. You can accomplish this by attending local events in

your community for non-profit agencies, advertising in a local

paper or asking victims, offenders and their supporters who have

been through the restorative justice process to participate in

"Using a restorative justice approach to municipal offenses has resulted in a much more effective resolution

of the harms caused by offenders. It has also resulted in victims and community members being able to

participate fully in the process."

Marc Snyder, City Councilman, Manitou Springs, CO

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Step 10 - Continuous Improvement

The Implementation Group will want to meet periodically (maybe monthly or quarterly)

to continuously improve the restorative justice process. Some issues to consider may be:

Facilitators: There will most likely be a need to train and mentor new facilitatorsas the RJ program expands. It is very important that the facilitators are

knowledgeable about RJ principles and are able to adhere to those principles in

the conferences. Training in mediation is also helpful.

Training: Develop an ongoing process to train interested community members,police officers, city council members, etc.. Invariably you will have turnover with

your facilitators and community participants. Ongoing training and orientation

programs will help sustain interest and commitment in the community.

Community members: Continue to recruit and educate community memberswho are interested in participating in RJ conferences.

Finances: Review program income and expenses periodically and make changesas needed.

Media: Look for opportunities to let the community know about RJ and how it ishelping to maintain and restore relationships among community members.

Opportunities to do so may be found at: community non-profit fairs, local

businesses, local newspapers, and presentations at local events.

Victim Advocate: Consider hiring someone through a grant to act as a victimadvocate. There may also be victim advocates who are willing to volunteer their

services.

Schools: Look for opportunities to partner with your school district at all gradelevels in order to implement RJ principles and practices. Demonstrate how

restoring relationships and harms would improve student retention and discipline.

The Implementation Group strives to continuously improve the effectiveness and

adherence to restorative justice principles in all processes implemented under the plan.

"Screening and evaluation of cases for potential referral to the RJ program takes

time. However, I am convinced that this is time well spent because the RJ process

has a long lasting positive impact on the victims, the offenders, and the community."

Debra Eiland, City Attorney, Manitou Springs, CO

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An Overview of Victim Offender Mediation andConferencing(10 min.)An overview of the core principles of restorative justice and the victim offendermediation/conferencing process is provided. The importance of adapting restorative justicepractices to the expressed needs and cultural context of the people involved is emphasized. Twospecific examples are illustrated:

-a one-on-one meeting between victim and offender-a meeting with support persons present in addition to the victim and offender

The use of a single mediator or co-mediators is modeled. The impact upon the immediateindividuals and families involved, as well as others in the larger community is addressed.Encouraging both offenders and those who have been victimized to bring a support person(s) tothe actual mediation session is emphasized, while also respecting their choice to have a moreintimate one-on-one meeting.

Practices that make the mediation/dialogue process more victim sensitive, and ultimately moreoffender sensitive, are identified. The importance of preparation is emphasized throughout theentire video. Intended as a brief overview to inform and guide the viewer through two restorative

justice dialogue approaches, this video does not demonstrate in detail the steps required forskilled application of each approach. It is however, a particularly helpful informational resource touse during brief presentations or workshops.

Victim Offender Mediation and Conferencing:A Multi-Method Approach(22 min.)An overview of the core principles of restorative justice and the victim offendermediation/conferencing process is provided. The importance of adapting restorative justicepractices to the expressed needs and cultural context of the people involved is emphasized.Three specific examples are illustrated. First, the use of small group sessions is shown: a one-on-one meeting between victim and offender, next a conference with support persons present,and third a brief portrayal of a larger group conference involving neighbors and family members.Options for conducting a restorative meeting are presented, including single mediator and co-mediated sessions, bringing in support people, and offering choices for seating arrangements.The impact upon the immediate individuals and families involved and the larger community is

addressed.

The importance of preparation is emphasized throughout the entire video. Specific example arepresented, including characteristics of humanistic dialogue-driven mediation such as theimportance of: separate pre-mediation meetings, connection with those involved but remainingimpartial, thorough preparation for the eventual dialogue, and the use of a non-directive mediationstyle in which the mediator is very much in the background. Practices that make themediation/dialogue process more victim sensitive, and ultimately more offender sensitive, areidentified. Intended as an overview to inform and guide the viewer through a range of restorative

justice dialogue approaches, this video does not demonstrate in detail the steps required forskilled application of each approach. Yet it is a helpful information resource to use during generalpresentations about restorative justice conferencing and training seminars.

Complete Victim Offender Mediation AndConferencing Training(117 min.)Following a brief presentation of several key points central to the victim offendermediation/conferencing process, two case examples are presented in detail, modeling both thepreparation process and the actual fact-to-face meeting. The first case involves a home burglaryby a young adult in which after being encouraged to bring a support person(s), both the victimand offender choose to meet one-on-one. A single mediator (Mark Umbreit) facilitates the face-to-face dialogue.Page 3, MSRJ videos 24


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The second example is a case of juvenile vandalism perceived as a hate crime against an AfricanAmerican woman. The offenders mother participates in the dialogue; the victim has both herbrother and a neighbor present at the meeting. This case, facilitated by co-mediators (CarolynMcLeod and Richard Powell), highlights key elements of culturally sensitive mediation practices.

Each case concludes with a signed agreement for repair of the harm caused by the crime. Thisvideo is a valuable resource for training mediators/facilitators in the details of the entire victimoffender mediation/conferencing process.

Victim Sensitive Offender Dialogue In Crimes ofSevere Violence (70 min.)

During recent years, a growing number of victims and family survivors of severely violent offenses homicide, attempted murder, sexual assault, and others have requested a meeting with theincarcerated offender. There are more than twenty states developing and/or operating statewideprograms to respond to such requests. Victims who initiate these meetings with the perpetratoroften seek answers to lingering questions, want to express the devastating effect of the crime ontheir lives, and to gain a greater sense of closure so that they can move on with their lives.

In the video, an overview of the victim sensitive dialogue process in crimes of severe violence isprovided by Dr. Mark Umbreit of the Center for Restorative Justice & Peacemaking at the

University of Minnesota. The importance of victim sensitive procedures and humanistic,dialogue-driven mediation is highlighted. Segments of separate preparation meetings with thevictim and the offender/inmate are shown, followed by a fact-to-face meeting of the victim andoffender in the presence of a highly trained mediator and co-mediator. The case portrayed is asimulation of an actual murder case.

Purchased from the Forum on Restorative CommunityJustice (Denver):

Beyond Just Us(22 min.)View restorative justice at work in Colorado, through this award winning video. The videoprovides an overview of the principles of restorative justice and the practices working in Colorado.The video features community members, victims, offenders, legislators, judges, prosecutors,probation officers, and law enforcement and corrections personnel. The video was CO-producedby the Colorado Forum on Community and Restorative Justice and the Colorado Judicial Branch,Division of Probation Services. "Beyond Just Us" won the American Probation and ParoleAssociation 2000 Media Award.

Beyond Just Us(condensed 12 min. version)See description above.

Restorative Juvenile Justice(20 min.)This video from the Colorado Forum on Community and Restorative Justice provides anintroduction to Restorative Community Justice. This video features communities and programsthat live the values of community safety, accountability, repair of harm to victims and communityand offender competency in their daily work. Dennis Maloney and Mark Carey provide the

narration of this video.Page 4, MSRJ videos

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Balanced & Restorative Justice Teleconference(2 hrs.)This national satellite videoconference (June, 2001) highlights some of the key principles involvedin the balanced and restorative justice model and provides guidance to agencies that want todesign and implement such a model. Diverse strategies that are thought to lead to successfulimplementation of restorative practices, including, for example, leadership, programs and policies,staff roles, allocation of resources, and use of information is discussed. In addition, thevideoconference features three jurisdictions that are implementing restorative justice programs,and representatives of those programs. This teleconference was sponsored by the Office ofJuvenile Justice & Delinquency Prevention (OJJDP), Department of Mental Health Services,Substance Abuse and Mental Health Services Administration, US.

1/17/05

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405 El Monte Place, Manitou Springs, CO 80829 (719) 685-2551

COMMUNITY CONFLICT RESOLUTION AND RESTORATIVE JUSTICE

VISION, MISSION STATEMENT & PRINCIPLESAdopted by the Manitou Springs City Council, May 2006

Adopted by the District 14 Board of Education, October 2005

Adopted by the Manitou Springs Restorative Justice Council, July 2005

Adopted by the Manitou Springs Chamber of Commerce, January 2008

Adopted by the Manitou Springs Business Improvement District, February 2008

Vision Statement for Restorative Justice in Manitou Springs

People in the Manitou Springs community will resolve conflicts in a respectful, safe and restorativemanner

Mission Statement for the Manitou Springs Restorative Justice Council

To promote the use of restorative justice principles and practices in the Manitou Springscommunity.

Principles

1. Restorative justice is a way of thinking and responding to conflicts, disputes, or offenses. Restorative justiceconcerns making things as right as possible for all people.

2. Restorative justice recognizes that response to conflicts, disputes or offenses is important. Restorativejustice responds in ways that build safe and healthy communities.

3. Restorative justice deals cooperatively and constructively with conflicts, disputes and offenses preferably at

the earliest possible time and before they escalate.

4. Restorative justice recognizes that violations of rules and laws are also transgressions and offenses againstpersons, relationships, and community.

5. Restorative justice addresses the harms and needs created by, and related to, conflicts, disputes andoffenses.

6. Restorative justice holds disputants and offenders accountable to recognize and repair the harm as much aspossible.

7. Restorative justice empowers victims, disputants, offenders and their communities to assume central rolesin recognizing and repairing the harm and creating a safe community.

8. Restorative justice seeks to repair the harm and reintegrate the victim, disputant, offender and theircommunity as much as possible.

9. Restorative justice prefers maximum use of voluntary and cooperative response options.

10. Restorative justice may be used in Manitou Springs schools, business community, city government,homes, faith community, neighborhoods, service organizations and other areas to resolve disputes, conflictsor offenses.

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Community Accountability Conference Referral Form

For Court/Referring Agency Use Only

Date Referred: Return Court Date:Referred by (Name of Court/Referring Agency): Phone:

Name of RJ Facilitator: Phone:

Age: Sex:Phone:Address:

Offenders Name:

School/Employer:

Date of Offense:Nature of Offense:

Phone:Phone:

Father/Step/Guardians Name (if Offender is aJuvenile):

Address:

Phone:Phone:

Mother/Step/Guardians Name (if Offender is aJuvenile):

Address:

Phone:Phone:

Victims Name:

Address:

Phone:Phone:

Victims Name:

Address:

Phone:Phone:

Victims Name:

Address:

Date and time of Community Accountability Conference:Location of Community Accountability Conference:

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Other Information:

Agreed Upon Date of Program Completion:

Did Offender Successfully Complete Program? ______ yes ______ no

Comments:

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COMMUNITY ACCOUNTABILITY CONFERENCE

Consent Form

A Community Accountability Conferenceoffers victims and offenders and their community ofsupport an opportunity to meet in a safe, confidential environment with the help of a neutralfacilitator. During the conference, victims, offenders, and their support persons can talk openlyabout their feelings and how the harm caused by the offenders actions can be repaired.

We understand that the facilitators do not impose their values or make suggestions about whatthey think should be in an agreement. Only participants themselves can make the terms of theagreement.

We understand that we can at any time and for any reason choose another alternative such asthe court system or the school discipline system.

We understand and agree that everything said during the Conference is confidential. There aretwo exceptions: allegations of child abuse and/or neglect, or a threat of future harm. We furtherunderstand that if we reach a signed agreement, that agreement will be sent to the referringauthorities (such as the Court, Probation, or the school discipline office).

We understand and agree not to involve the staff, facilitators, or direct associates of the ManitouSprings Restorative Justice Council or contracted facilitators in any court proceedingwhatsoever and waive our right to sue these parties.

We also understand that we may have certain legal rights under the law and, if any of us wouldlike them explained, we will seek legal advice elsewhere. Participants can have an attorneyreview this agreement before signing it.

We agree to carry out the agreement if the conference results in a written agreement.

Signature of Victim

Signature of Victim

Signature of Victim

Signature of Offender

Signature(s) of Offenders Parents/Guardians

Signature(s) of Others Present

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COMMUNITY CONFERENCE

Community Service Referral Form

TO: Vern Witham, City of Manitou Springs, via Carol Lawson, City Clerk,Email: [email protected] ; or Fax: (719) 685-5233.

Date Referred: Return Court Date:Referred by (Name of Court/Referring Agency):Manitou City Prosecutor

Phone:(719) 471-1545

Name of RJ Facilitator(s): Phone:

Age: Sex:Phone:Address:

Offenders Name:

School/Employer:

Date of Offense:Nature of Offense:

Reason for Community Service: Number of Hours /Required Completion Date:

Type of Community Service Recommended:

(example: Unskilled labor, i.e., shovelingsnow, clean-up, etc.)

Work completed satisfactorily:

YES NO

Dates/Hours of Community Service Completion Work Completion Signed by (City of ManitouSprings Representative):

Return form upon completion of community service to:Ken Jaray, Manitou Springs Restorative Justice Council Chairperson

Fax: (719) 634-0789 ~ Email: [email protected]

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Community Conference

Evaluation Form - Victim Questionnaire

We genuinely value your feedback on this Community Conference

Your Name: ____________________________ Date of Conference: _______________

Your role in the Conference (please circle one): Victim, Victim Supporter, Offender, Offender Supporter, Community

Representation, Police Officer, Facilitator

On a scale of 1 to 5, please circle your satisfaction on the following Low High

To what extent were you satisfied with the process overall? 1 2 3 4 5

To what extent do you feel the Conference properly addressed your needs? 1 2 3 4 5

To what extent do you feel you were given ample opportunity to speak? 1 2 3 4 5

To what extent do you feel the facilitator did a proper job in leading the Conference? 1 2 3 4 5

To what extent would you feel comfortable recommending Conferencing to another 1 2 3 4 5

person in a similar situation?

To what extent did you feel safe during the Conference? 1 2 3 4 5

To what extent do you feel that the offender was held accountable? 1 2 3 4 5

To what extent do you feel you were treated fairly? 1 2 3 4 5

Other Comments:

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Evaluation Form - Offender Questionnaire







To what extent do you feel the Conference properly addressed your needs? 1 2 3 4 5

To what extent do you feel you were given ample opportunity to speak? 1 2 3 4 5




To what extent did this process increase your awareness of the impact of your 1 2 3 4 5

behavior on the community?

To what extent did this process increase your understanding of the victims 1 2 3 4 5

experiences?

To what extent do you feel you were treated fairly? 1 2 3 4 5

Other Comments:

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Evaluation Form - Community Representative







If applicable, to what extent were you given adequate opportunity to speak? 1 2 3 4 5




To what extent do you feel all people involved were treated fairly? 1 2 3 4 5

To what extent do you feel that the offender was held accountable? 1 2 3 4 5

To what extent do you feel the problem was resolved? 1 2 3 4 5

Other Comments:

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1

EvaluationofManitouSpringsRestorativeJusticeProgramEdieGreeneandHilaryAntonStang

Departmentof

Psychology

UniversityofColoradoatColoradoSprings

July,2008

ExecutiveSummaryTheManitouSpringsRestorativeJusticeProgramwasinstitutedinthesummerof2006.

BetweenAugust,2006andJune,2008approximately55caseswerereferredfromManitou

SpringsMunicipalCourttotheRestorativeJusticeProgram. Wedevelopedevaluationformsfor

victims,victimssupporters,offenders,offenderssupporters,offendersparents,community

representatives,andfacilitators. Theirpurposewastoassessparticipantsimpressionsofthe

programas

away

to

resolve

the

conflict

in

question

and

to

influence

future

behavior.

The

resultsoftheevaluationsshowthatparticipantswerehighlysatisfiedwiththerestorative

justiceprocess.

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2

I.DataonviolationtypeThroughJuneof2008,approximately55cases

1hadbeenreferredfromtheManitou

SpringsMunicipalCourttotheManitouSpringsRestorativeJusticeProgram;28casesinvolved

adultoffendersand27involvedjuveniles. Only3offendersdidnotcompletetheprogram.The

violationsreferredtotheRestorativeJusticeProgramincluded:

ViolationType(1missing):Possessionofdrugs 12

Disorderlyconduct 10

Theft

6

Falseinformation 4

Trespassing 3

Obstructingapoliceofficer 3

Injurytocityproperty 3

Skateboardingoncitystreet 3

Dog,horse,

burro

at

large

3

Possessionofdrugparaphernalia 2

Possessionofalcohol 1

Opencontainerinpublic 1

Panhandling 1

Resistingarrest 1

Carelessdriving

1

1Thisnumberrepresentscasesinwhichrespondentscompletedevaluationquestionnaires. Itispossiblethat

someconferencesendedwithoutrespondentscompletingquestionnaires.

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II. EvaluationofprogramAtotalof107respondentswhowereinvolvedinaRestorativeJusticeconferencerespondedto

thequestionnaire,including:

Respondents:4victims

4victimsupporters

20offenders

13parentsofoffenders

9supportersofoffenders

43community

representatives

6facilitators

8nodesignation

Allpartiesinvolvedinaconferencewereaskedthesameinitialsixquestions: torateon

ascalefrom1to5(lowtohigh)their

impressionsoftheprocessoverall abilitytohavetheirneedsmet opportunitytospeak thefacilitatorsabilitytoleadtheconference theextenttowhichtheywouldrecommendtheprocesstoothers theextenttowhichtheproblemwasresolved.

Differentadditional

questions

were

asked

of

the

various

types

of

respondents

(e.g.,

offenders,

facilitators).

3

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4

ResponsestoGeneralQuestions:Process

overall

My

needs

met

Opportunity

tospeak

Facilitators

ability

Recommend

processto

others

Problem

resolved

Victims 4.75 5.00 4.67 5.00 5.00 5.00

Victim

supporters

3.00 5.00 4.75 5.00 5.00 X

Offenders 5.00 4.47 5.00 4.83 4.61 5.00

Offender

parents

4.69 4.69 4.92 4.86 5.00 5.00

Offender

supporters

x 5.00 X 4.89 4.89 X

Community

representatives

4.80 4.74 4.94 4.95 4.97 4.88

Facilitators 4.76 4.5 4.50 4.50 5.00 5.00

Ona15scalewhere1=lowsatisfaction/agreementand5=highsatisfaction/agreement

x=missing

data

Thesefindingssuggestthatparticipantshadanoverwhelminglypositiveresponsetothe

processandfeltthattheirneedsweremetandthattheyhadbeengivenanopportunityto

speak. Theyhadpositiveimpressionsofthefacilitatorsabilityinleadingtheconference. They

wereinnearunanimitythattheconflictwasresolvedsatisfactorilyandwouldrecommendthe

processtoothers.

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5

QuestionsspecifictoOffendersOffenderswereaskedadditionalquestionsregardingtheextenttowhichthe

conferenceincreasedtheirawarenessoftheimpactoftheirbehavior.Theaverageratingforthisquestionwasa4.61,withscoresrangingfrom3to5.Theywerealsoaskedtoratethe

extenttowhichtheconferenceincreasedtheirunderstandingofthevictimsexperience.Theaverageratingforthisquestionwasa4,withscoresrangingfrom1to5.However,onlyeight

offendersansweredthisquestion.Finally,offenderswereaskedtoratehowfairlytheyweretreated.Theaverageratingforthisquestionwasa4.72,withscoresrangingfrom1to5.

QuestionsspecifictoOffendersParentsOffenderparentswerealsoaskedfouradditionalquestions.Whenaskedifthisprocess

wouldhelpwithdisciplineathome,theaverageratingwasa4.46,withscoresrangingfrom3to

5.

Offender

parents

gave

an

average

rating

of

4.46

when

asked

ifthisprocesswouldhelp

enhancecommunication;scoresonthisquestionalsorangedfrom3to5.Offenderparentswereaskedtoratehowmuchtheybelievedtheirchildlearnedfromtherestorativejusticeconference.Theaverageratingforthisquestionwasa4.85.Finally,offenderparentswere

askedtoratehowmuchtheybelievedthisprocesswouldhelptheirchildmakebetterchoices.

The

average

rating

for

this

question

was

a

4.77.

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6

QuestionsspecifictoCommunityRepresentativesCommunityrepresentativeswerealsoaskedtoratetheextenttowhichtheconference

increasedtheoffendersunderstandingofthevictimsexperiences.Theaverageratingforthisquestionwasa4.59withscoresrangingfrom3to5.Theaverageratingfortheextenttowhichtheoffenderwasheldaccountablewas4.85withscoresrangingfrom4to5.Finally,communityrepresentativeswereaskedtoratehowfairlyallpeopleinvolvedinaconferenceweretreated.Theaverageratingforthisquestionwasa4.89withscoresrangingfrom4to5.

QuestionsspecifictoFacilitatorsFinally,facilitatorswerealsoaskedtoratetheextenttowhichtheconference

increasedtheoffendersunderstandingofthevictimsexperience.Theaverageratingforthisquestionwasa4.83withscoresrangingfrom4to5.Theywerealsoaskedtoratetheextenttowhichtheoffenderwasheldaccountable.Theaverageratingwasalso4.83withscoresrangingfrom

4to

5.

Finally,

facilitators

were

asked

to

rate

the

extenttowhichallpeopleinvolvedwere

treatedfairly;theaverageratingwas5.

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Restorative Justice in the Childrens Code

HB-1117

Passed into law - Spring 2008

HB 1117 reforms the Childrens Code by adding requirements to userestorative justice in sentencing.

The bill exempts crimes of domestic violence and sexual assault. Drafted by Attorney Pete Lee the bill was supported by judges,

prosecutors, defense attorneys, childrens advocates, Colorado DAs

Council, Colorado State Probation Dept., Dept. of Public Safety

COVA and Womens Bar Assn.

The bill was sponsored in the Senate by John Morse and in the Houseby Michael Merrifield, Bob Gardner and Marsha Looper. It passed99-1 in the House and Senate

The bill requires Judges to tell juvenile offenders at their first courtappearance and again at sentencing that restorative justice practices

may be a part of their sentencing.

The bill adds restorative justice to the judges sentencing options, tojuvenile probation programs and to district attorney diversion

programs.

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