Good Practices and Innovations in Public Governance 2003-2011
Good Practices and Innovations in Public Governance 2003-2011 Good Practices and Innovations in Public Governance 2003-2011
Good Practices and InnovATIONS in Public Governance and • Victim Services: The Program offers victims direct and confidential advocacy, support groups, legal assistance, court accompaniment, assistance with Victim/ Witness claims, and resource referrals. Instead of “informally” treating youth cases through Probation, under the new court system the vast majority (93%) of domestic/family violence cases in Santa Clara put offenders on formal probation. A formal probation model treats juvenile violence as a serious crime and focuses on early intervention to stop the violence and rehabilitate the offender. A 2003 study that tracked the specialized court three years after its inception showed that most youth who completed the 26-week intervention program were deterred from recidivism. Lessons Learned The model is clearly sustainable since it is still in operation almost nine years later, under the leadership of two subsequent juvenile delinquency judges. It has not required specific funding of any kind. Santa Clara’s specialized court has been the subject of scholarly research on the Effects of Court-Based Programs on Recidivism (Sagatun-Edwards etc., 2003 and Ueket, Sagatun-Edwards etc., 2006), and has received national attention on television programs like Nightline, Good Morning America, 60 Minutes and Montel Williams. Within two years of the court’s 1999 launch of the Juvenile and Family Domestic Violence Court, nearby San Francisco County replicated a similar model with few adjustments. Under a grant from the National Centre for State Courts, researchers studied the effects of Santa Clara County’s specialized Juvenile and Family Violence Court in 2003 and 2006. The study found the specialized program had a deterrent effect on first-time offenders. However, youth who already had a criminal record were more at risk to recidivate. One year after the arresting incident, about 30% of offenders with prior delinquency had recidivated, regardless of any specialized intervention. There are a number of important lessons learned as outlined below: • The importance of fostering interagency collaboration: It took months to develop smooth collaboration. Frequent meetings kept the players working toward the same goals; • Ensure completion of the 26-week program: the key to achieving recidivism goals, especially with first-time offenders, included completing the 26- week program. Thus it was necessary to deal with alcohol or substance abuse issues as early as possible, and employ review strategies that encourage probation compliance. The ability and willingness of juveniles to successfully complete a probation program varies significantly between first-time offenders and 220
2008 Category 1: United States repeat offenders. Juveniles with prior records were least likely to successfully complete probation. Further studies will be conducted on how juveniles respond to each facet of an intervention program so that strategies can be taken to improve successful completion rates; • Graduate sanctions: while a zero tolerance sends a strong message to abusers that abuse is unlawful, many arrested youth are first-time offenders, who get “stuck” in the juvenile system because they cannot complete conditions of probation. Programs that treat all offenders with the same intensity of sanctions may be counterproductive. Graduated sanctions that take into account the severity of the incident and extenuating circumstances may offer a more balanced approach to the experiences of the juvenile population; and • Complement the specialized program with more mental health services: a sizeable proportion of juvenile domestic/family violence offenders have been diagnosed with mental health issues. At a minimum, a mental health component should complement justice system remedies. In some cases, mental health programs can offer additional services that may be more suitable than courtbased intervention programs. Recognizing the intersection of mental health and juvenile delinquency, including teen domestic and family violence, has had an impact on the design and effectiveness of the intervention programs. 221
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2008 Category 1: United States<br />
repeat offenders. Juveniles with prior records were least likely to successfully<br />
complete probation. Further studies will be conducted on how juveniles respond<br />
to each facet of an <strong>in</strong>tervention program so that strategies can be taken<br />
to improve successful completion rates;<br />
• Graduate sanctions: while a zero tolerance sends a strong message to abusers<br />
that abuse is unlawful, many arrested youth are first-time offenders, who get<br />
“stuck” <strong>in</strong> the juvenile system because they cannot complete conditions of probation.<br />
Programs that treat all offenders with the same <strong>in</strong>tensity of sanctions<br />
may be counterproductive. Graduated sanctions that take <strong>in</strong>to account the severity<br />
of the <strong>in</strong>cident <strong>and</strong> extenuat<strong>in</strong>g circumstances may offer a more balanced<br />
approach to the experiences of the juvenile population; <strong>and</strong><br />
• Complement the specialized program with more mental health services:<br />
a sizeable proportion of juvenile domestic/family violence offenders have been<br />
diagnosed with mental health issues. At a m<strong>in</strong>imum, a mental health component<br />
should complement justice system remedies. In some cases, mental health<br />
programs can offer additional services that may be more suitable than courtbased<br />
<strong>in</strong>tervention programs. Recogniz<strong>in</strong>g the <strong>in</strong>tersection of mental health<br />
<strong>and</strong> juvenile del<strong>in</strong>quency, <strong>in</strong>clud<strong>in</strong>g teen domestic <strong>and</strong> family violence, has<br />
had an impact on the design <strong>and</strong> effectiveness of the <strong>in</strong>tervention programs.<br />
221