Restorative and Transformative Justice for Youth and Communities Pilot Program: Assembly #4663/Senate #2924
A#4663/S#2924 were introduced in September 2020 and seek to establish pilot programs of restorative and transformative justice for youth during the COVID 19 pandemic and beyond. The Criminal Justice Reform task force has identified this as a priority bill for the current 2020-21 legislative session.
Assembly Sponsors: Verlina Reynolds-Jackson, District 15; Anthony S. Verrelli, District 15; Shanique Speight, District 29; Shavonda E. Sumter, District 35 .
Senate sponsor: Shirley K. Turner, District 15.
If this legislation passes, what would it do?
A#4663/S#2924 would establish a two-year pilot program in the Juvenile Justice Commission, which would assist with the reintegration of youths released from juvenile facilities. The purpose is to prevent recidivism and also to help youth avoid any initial involvement with the system. The legislation includes four target cities – Trenton, Camden, Newark and Paterson, and contains two components designed to improve the socioemotional and behavioral responses of youth within communities through the use of more appropriate, and less punitive, interventions:
- Wraparound services – The bill calls for community-based enhanced reentry wraparound services: evidence-based mental health services, substance use disorders treatment and recovery, life skills support, and other social support services.
- Restorative justice hubs – The bill seeks to create physical spaces within the community where youth and families could heal, reconnect and build healthy relationships, and help resolve local conflicts through dialogue instead of punitive measures.
The bill asks for proposals from service providers in the above cities and is funded by reallocating $8,4000,000.00 from the category of Juvenile Services for the Department of Law and Public Safety.
Why this legislation is necessary.
Nationwide, our youth justice systems are failing our youth, labeling those who commit harm as irrevocably “bad,” and punishing, rather than helping them to develop into responsible citizens. In New Jersey more specifically, the youth justice system has staggering racial justice disparities, high recidivism rates, and grossly underfunded community-based services. Despite these failures, the state continues to finance its youth incarceration system at exorbitant cost. In calendar years 2020 and 2021, New Jersey plans to spend $300,000 to incarcerate each youth in a State secure juvenile facility.
This bill seeks to do better for our youth, creating an alternative that uses restorative and transformative justice. Nationally, restorative justice and transformative justice programs and practices have been recognized as best practices in keeping young people out of the youth justice system and successfully reintegrating them into their home communities after being released from out-of-home placements.
Restorative justice is a system that brings together those harmed, community members, and youth who have committed harm to discuss and explore solutions to address the root cause of that harm. Sometimes the root cause can be unhealed trauma that the young person himself or herself endured or witnessed. Restorative justice encourages stronger community relationships and community-driven public safety. Transformative justice addresses conflicts and harms at the individual level, community level, and within broader social structures. It works to build alternatives to our current systems and transform the conditions which help create acts of violence or make them possible.
Unitarian Universalist/UU Faith Action NJ Position on this legislation.
Unitarian Universalists are committed to honoring the inherent worth and dignity of every person (first principle) and equity and compassion in human relations (second principle,) as well as dismantling racism and other systems of oppression (proposed 8th principle.) These principles guide our commitment to seeing the best in our youth and helping them to repair harm, and integrate into and contribute positively to their communities. We choose growth and healing over control and punishment.
To learn more about this issue and the legislation itself:
Go to this link to see the complete bill, https://www.njleg.state.nj.us/2020/Bills/S3000/2924_I1.HTM
For more information on the issue, here are some articles and recommended books:
Our current juvenile justice system
Restorative Justice in Schools:
https://www.montclairlocal.news/2020/07/30/restorative-justice-makes-difference-montclair-nj
For an introduction to restorative justice:
The Little Book of Restorative Justice: Revised and Updated, by Howard Zehr
For restorative justice and violent crime:
Until We Reckon: Violence Mass Incarceration and a Road to Repair, by Danielle Sered
TIdrobo/10/2020
New Jersey Youth Justice Transformation Act: Assembly 710/Senate 315
A710 and S315 were introduced in January 2020 to plan for and carry out the closure of the state’s three secure juvenile facilities. The bill requires the transition to the use of community group homes and the provision of services in local communities rather than in centralized facilities.
Bill Sponsors:
Assembly: Shavonda E. Sumter, District 35; Linda S. Carter, District 22; Britnee N. Timberlake, District 34.
Senate: Ronald L. Rice, District 28; Sandra B. Cunningham, Distrct 31; Nellie Pou, District 35
If this legislation is passed, what would it do?
This bill requires the Juvenile Justice Commission to close its three secure juvenile facilities and develop a transition plan for juveniles in these facilities. Specifically, the bill requires:
- Closing of the three secure juvenile facilities, with current residents of the facilities transitioned according to individualized plans, either to the community or to a group home.
- All non-secure residential community homes will be assessed and renovated or closed.
- New community homes will be opened as needed, taking into consideration accessibility to families, including transportation.
- $100 million a year will be allocated for developing and implementing community-based programs.
- A racial and ethnic disparities study will be conducted.
Early this year, a task force was set up to assist with planning this effort. Three listening sessions were held in different regions of the state to get input from community members and service providers. Further plans were put on hold during the Covid pandemic. Budgetary constraints have prevented this bill from coming up for a vote.
Why is this legislation necessary?
The incarceration of adolescents does not improve public safety and leads to recidivism. There is a nationwide effort to close large care facilities and to invest in community-based programs and rehabilitative out-of-home placements when needed.
New Jersey’s youth justice system is marred by staggering racial disparities and un-even community-based youth programs. A Black youth is thirty times more likely to be detained or committed than a white youth. The state spends over $250,000 a year to incarcerate a youth in a secure facility. Over $60 million is spent each year to operate the three secure facilities, which are at less than half capacity. These funds would be better spent in maintaining and evaluating community programs and services.
There is also a need for more transparency and oversight of state-funded services. Currently the effectiveness of county youth services commissions greatly varies because of limited accountability measures.
To start to address the large racial and ethnic disparities, the bill requires a study of disparities at different stages of the youth justice system, including school exclusion, interaction with police, detention, adjudication and disposition. More equitable and effective results can be achieved if the plan for each adolescent includes input from the family and community and takes into consideration the developmental needs of the child.
Unitarian Universalist Principles
In taking positions on specific legislation related to criminal justice in our state, the CJR task force looks to the Seven Principles which we share with all Unitarian Universalists. In supporting the Youth Justice Transformation Act, we consider the First and Second Principle as most relevant, along with the proposed 8th Principle currently under consideration by the UUA.
- The 1st UU Principle calls us to affirm the inherent worth and dignity of every person. It is particularly important that youth feel respected and supported as they develop their sense of self-worth. The juvenile justice system must be designed to nurture and support rather than punish youth.
- The 2nd UU Principle calls us to act with justice, equity and compassion in human relations. We must treat youth as valuable members of the community, even if they have created harm, rather than locking them away in facilities.
- The Proposed 8th Principle calls us to affirm and promote a diverse society, acting to accountably dismantle racism and other oppressions in ourselves and our institutions. Our criminal justice system is part of the structure of systemic racism that continues to favor the white majority over the rights of persons of color. Black youth are much more likely than white youth to be detained and incarcerated. To dismantle racism, it is essential to make changes in the juvenile justice system.
Note: Follow this link to read the full text of the bill: https://www.njleg.state.nj.us/2020/Bills/A1000/710_I1.HTM
For more information:
Problems with NJ juvenile justice system
Until We Reckon: Violence Mass Incarceration and a Road to Repair by Danielle Sered
JLauby/10/2020