Mediate Victim and Offender Issues

The Community Juvenile Arbitration Program serves Edgefield, Lexington, McCormick, and Saluda Counties (Eleventh Judicial Circuit) in South Carolina. It operates under the auspices of the Solicitor’s Office (Prosecutor). To be eligible for this diversion program, the juvenile must be a nonviolent, first-time offender. The program is described as “a process combining arbitration and mediation in which all parties involved in an alleged offense join together in an attempt to resolve their problem without involving the court system. It is the job of the volunteer arbitrator to determine the accused juvenile’s guilt or innocence, then to serve as mediator for the hearing participants in determining what the juvenile must do to make up for his/her wrong doing, if determined guilty.” Participation in the process is voluntary for the juvenile, but those who participate must waive some of the rights they would have in a court, such as the right to legal representation. Participants in each hearing include the accused juvenile, his or her parents, the arresting officer, the victim, and a volunteer arbitrator.

The volunteer arbitrator follows the case and ensures that the youth completes all required sanctions within 90 days. Arbitrators must complete 21 hours of training to be certified. (The training agenda for the volunteer arbitrators in shown in Figure 4k, Chapter 4.) About 93 percent of youth who enter the program complete it successfully. The program is cost-effective because of its large volunteer base; the director of the program and a part-time secretary are the only paid staff members. Victims have the opportunity to participate in the process and have a voice in the outcome. During FY 96-97, $5,793.88 restitution was paid to victims; $54,476.82 has been paid to victims since the program began in 1983. Youth in the program also performed 3,271 hours of community service work during FY 96-97. Between its inception in 1983 and 1997, only 7.66 percent of the youth in the program were referred to the Family Court for a second offense within one year of their participation in the arbitration program (Program materials, 11^th Judicial Circuit, SC, Solicitor’s Office; K. Barton, personal communication, September 8, 1999).

Ongoing Supervision

Instructions to the Offender. The case manager has responsibility for explaining to the offender his or her obligation to pay restitution and the correct procedure for making payments. Offenders must understand this information and the consequences for noncompliance. Both verbal and written instructions should be given, and the language used should be clear and easily understood by offenders. Among the information and issues that should be addressed in the instructions to the offender are the following:

0. 
   the amount of restitution owed;
   

0. 
   additional charges (e.g., restitution fines, collection fees)
   

0. 
   the manner in which restitution is to be paid (e.g., lump sum, monthly payments);
   

0. 
   to whom the restitution payments are to be made (e.g., Court Clerk’s Office, Probation Department – usually not directly to the victim);
   

0. 
   when payments are due (e.g., at sentencing; within 30 days of sentencing; by a certain date each month);
   

0. 
   information that must accompany the payment (e.g., an account number, the offender’s name and address);
   

0. 
   forms of payments that will and will not be accepted (e.g., money orders, cash, credit cards; personal checks);
   

0. 
   how payments may be made (e.g., in person -- days and hours of operation; by mail, including specific addresses);
   

0. 
   how the money will be forwarded to the victim;
   

0. 
   under what conditions the payment amount might be changed (e.g., victim’s submission of additional expenses)
   

0. 
   consequences for failure to pay;
   

0. 
   what to do if problems arise that prevent payment; and
   

0. 
   how the offender can appeal restitution decisions.
   

Some agencies complete payment instruction forms in duplicate and have both the offender and the case manager sign it. One copy is given to the offender and the other is kept in his or her file. Agencies may want to consider providing a copy to the victim as well. Some agencies also provide the offender with pre-addressed envelopes and coupons to use when paying.

Download 1.54 Mb.

Share with your friends: