PURPOSE OF PROGRAM
In the response to the high rise in crime, most states have adopted a “get tough” response to juveniles that focuses solely on punishment. However, many states, including Hawaii, strive to maintain a balance between reducing crime and helping young offenders to learn from their mistakes and avoid possible incarceration in the future.
The Center’s Juvenile Restitution program is a court diversion program that was developed in collaboration with the Honolulu Police Department.
The purpose of the program is to provide an alternative to prosecution for first-time juvenile offenders, in certain misdemeanor cases. The focus of the program is to enable youth who have been arrested for a committing a crime (e.g. burglary; vandalism; minor assault or other misdemeanors), to meet face to face with the victim and work out a payment plan (restitution) for the damage suffered by the victim.
THE BENEFITS
The program provides all parties in a juvenile offense (the victim, the offending juvenile, and the juvenile’s parents or guardians) the opportunity to work out an acceptable plan that directly addresses the harm caused by the criminal act.
As a court diversion program, the Juvenile Restitution Program also provides an alternative to criminal prosecution and the exigencies of the criminal justice system. As a diversion program, the offender may avoid criminal prosecution, court appearances, sentencing alternatives, and a record of criminal conviction. Likewise, the victim is not subjected to the rigors involved in a legal case, and may have a better opportunity for direct compensation.
The victims are often schools, parks, or other government bodies, as well as private shop owners and property owners. The victims and juvenile offenders are often from the same neighborhood or the same general part of the island. Victims and the parents of the juvenile offenders report that the program is valuable because the juvenile is required to face his/her victim and hear directly from that person how s/he was harmed by the incident.
The agreement process requires the Juveniles to be held accountable for the damage and/or suffering s/he has caused. This is often the only time that the parties actually have an opportunity to meet, and may be the only chance for the Juvenile to recognize the impact of his/her behavior.
WHERE IS THE MEDIATION CONDUCTED?
The Center provides mediation of Juvenile restitution issues directly at the Center, as well as at a site in Waianae. The Center’s normal filing fee is waived for all Juvenile Restitution cases.