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NATIONAL WORKSHOP DIVERSION & RESTORATIVE JUSTICE PRACTICES 10th & 11th May 2011 By Arina Smit Manager: Programme Design and Development
OVERVIEW
Introduction Context
Definitions Goals and Objectives Organizational Service Delivery Model (Processes, Procedures and Standards)
Intake and Assessment Case Management Intervention/Program Participation Aftercare, Monitoring and Tracking
INTRODUCTION
1992 Introduce and implement Diversion in SA (CLC at UWC, Lawyers for Human Rights and NICRO) campaign to NICRO made available programmes PMB and Cape Town Pre-trial Community Service & YES Referrals to Diversion increased from 224 youths in 1992/1993 to 22 420 in 2010/2011 Interesting trends and changes related to referrals and types of crimes diverted.
15000
10000
5000 0
224 590 0 0 0 5569 3784 2272 0 0 0
10980 7953
12663
> 18 18<
653 456 0
92/93 93/94 94/95 95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04 04/05 05/06 06/07 07/08 08/09 09/10 10/11
15%
37%
64%
45%
For purposes of this research (secondary) used combination of qualitative and quantitative research methodologies to describe the nature of diversion services provided by NICRO.
Description of processes, procedures and content; and Univariate analysis of 2600 (sample) cases diverted to NICRO over period June 2009 May 2010
CONTEXTUALIZATION
In NICRO :
Diversion - a pre-trial process as used by courts to dispose of cases to prevent further involvement in the system and to access social work services to develop individuals and change offending behaviour (interrupt pathway). Diversion and RJ is not regarded as synonymous RJ is not a programme in NICRO but a set of philosophical principles that underlies interventions and programmes Programmes designed along continuum fully restorative to not restorative. All interventions acknowledge the relationship between the offender, victim and community some provide direct engagement with victim others indirect
CONTEXTUALIZATION
In NICRO :
Criminal Justice Goal Speedy disposal of cases where children are involved , and prevent them from penetrating the CJS Human Development & Social Justice Goal To develop the potential of individuals, change their behaviour and protect the rights of children
Utilizes the 3 primary methods (with unique interventions and techniques) of social work
Case Work Community Work Group Work activity/action the social worker undertakes in collaboration with the client to facilitate change in an individual or s system in a systematic way Guided by professional knowledge, values & skills Purposeful, goal directed & client centered
Intervention
Based on social work profession with social justice and human development as its goal Have available basket of interventions (services) to use for purposes of diversion The helping relationship stands primary to the change processes of individuals supported by structured interventions Holistic and comprehensive interventions & services pursued during the period of diversion combination of interventions necessary to adequately address behaviour change objectives
BASKET OF INTERVENTIONS
Tracking reports
CASE MANAGEMENT
1st
Link client to mentorship programme & with client prior to programme contact volunteer for tracking follow up contacts twicea month for first 2 months after completion of program
AFTERCARE
Evaluate impact of interventions on client behaviour & Compile final reports to courts or other referral agencies Receive individual progress reports on interventions and programmes
responsible for
Facilitation of groups
Termination of programme
Administrative and professional process Includes receiving of formal referral, registration of client on e-cms & assessment of client Assessment critical to formulate a risk and treatment profile and intervention matching, to monitor and evaluate progress and to ensure relevancy of interventions Assessment is NOT ONCE OFF continuous and dynamic process that takes place as long as client is receiving service Only the purpose of assessment that change Various data collection instruments & assessment tools are used for purposes of assessment ie. CARE, CAGE, Bonding to conventional instruments, VS
CASE MANAGEMENT
Professional activity undertaken by swers Overall management of & responsibility for services to the individual for duration of involvement (monitoring & evaluation included). Administrative & behavioural management of case and individual Ongoing analysis, decision-making and record keeping interactive and dynamic process
Contracting with client & Motivation to change Development of case/treatment plan Service Implementation and Doordination Continuous assessment of capacities & change Monitoring & Evaluation Aftercare & Evaluation Termination and Case Closure
PROGRAM/INTERVENTION
CM refer Program Facilitator
Preparation Facilitation Administration & Monitoring Termination & Evaluation (Feedback to CM, CM report to CJS)
PROGRAM OUTLINES
YES
ADAPT
Early Intervention LIFE SKILLS - influencing criminogenic & noncriminogenic (psychosocial) risk factors that contribute and promote the early involvement & onset of a delinquent and high risk life style. Social and interpersonal skills: enable to recognize and challenge common misconceptions about high risk behaviour communicate these to avoid high risk situations. Cognitive skills- process of acquiring processing and acting on information or knowledge in various situations and environments. 20 hours of psycho-social skills training, structured into 12 sessions First & last session 2.5 hours & 1.5 hours for sessions 2-11. Frequency dependent on group characteristics
series of psycho-social life skills building sessions - integrated structured social learning approach, with elements of drug education, social and personal skills training and cognitive behavioural therapy.
PROGRAM OUTLINES
MATRIX IOP
The Journey
Therapeutic/Treatment Adolescents and adults who are addicted Low risk danger and medium to high risk reoffending profile Combination of biological and behavioural approaches : Motivational Interviewing & Motivational Enhancement Therapy Cognitivie Behavioural Therapy Contingency Management 12 Step Support 48 Week treatment Individual Sessions (before ERS, during and after) & group combined First 16 Weeks intensive
Therapeutic/treatment 150 hours structured into 3 phases Higher risk and high treatment need profile, exhibiting desctructive, emotional and behavioural problems Eclectic therapeutic model
systems work rites of passage, cognitive behavioural treatment experiential learning Social skills training
Early Recovery 2X per week (8 sessions) Relapse Prevention 2x p week (32 sessions) Family Education 1 x p week (12 sessions) Social Support 1xp week from week 12
Life Skills 20 sessions Pre Adventure Orientation 4 sessions Cleansing Phase Personal and Social Responsibility Phase Transition Phase 1 Individual family meeting with each individual 6 Group follow up sessions
Adventue Phase
Reintegration Phase
Day 1 Day 2 Day 3 Day 4 End day 4 & day 5 Within first week of return
Duration 20 hours (2x per week for six weeks) 8 hours (2x per week for 2 weeks) 15 hours continuous 15 hours 15 hours 15 hours 15 hours 2 hours per family (one week)
12 hours (2x per week, for 6 weeks)
1st session within first week of return inclusive of parents, thereafter once per week Depending on Nature of project
30 hours 4 hours
PROGRAM OUTLINES
Restorative Group Conferencing
Continuing Care / Reintegration No duration placed on this as individuals readiness to engage (particularly the victim) differs Minimum of 60 hours of engagement during this process Where serious trauma dynamics exists this can take years basic principle - cause no more harm therefore if the assessment indicates a high risk of dangerousness and secondary victimization, the process will not go ahead Utilize direct as well as indirect victim engagement Primarily with children from 10 years up children under 10 more indirect victim work Apply different models of restorative group conferencing (as relevant to different target groups, settings and purpose):
Goals: To humanize the criminal justice experience for both victim and offender To hold offenders directly accountable to the individuals they victimized, and Positively impact on offender behaviour change. Objectives: Develop victim empathy in offenders Empower the victim to participate in the process and tell their story Support the offender to take responsibility for the harm done Promote a sense of healing, reconciliation and social justice.
Phase Preparation
Total Hours Processes 40 hours Receive referral and make contact with all parties Pre-conference Assessment and Preparation Meetings with victms and offenders separately
Minimum duration in hours 8 hours 3 hours assessment with victim 3 hours assessment with offender 3 hours of preparation with victim & relevant persons 3 hours of preparation with offender & relevant persons 8 hours 12 hours 15-60 minutes 45 minutes Estimated 2-5 hours
Logistical Arrangements Preparatory Administration The Conference 7 hours Pre conference/dialogue briefing Actual conference Opening and Introduction Story telling/ Information sharing Deliberations/ Responses
Way Forward, Closure Post Conference briefing & Eval. Post Conference Follow up 12 hours
Administration (agreements, report, 4 hours correspondence) Agreement Monitoring (where applicable) ongoing until objectives reached. If no and general follow up deliverables in terms of an agreement was set, at least 8 hours of follow up meetings still need to happen
PROGRAM OUTLINES
Community Service Learning
Objectives:
Early Intervention & Continuing care / reintegration Children 13 18 years as well as adult Focus is on service learning and not just work Aim to build sense of community and responsibility McMillan & Chavis (1986) - sense of community is ...a feeling that members have of belonging, a feeling that members matter to one another and to the group, and a shared faith that members' needs will be met through their commitment to be together. modern society- decline in sense of community in the survival struggle disconnectedness from self, environment and others seeks alternative to address needs, frequently to the detriment of the larger group (community) Goals:
To offer individuals who have committed crime the opportunity to serve the communities they have offended, to develop a deeper understanding of the impact of their behavior on society at large and to become agent s of change in their communities
gain a sense of their own value within a community and as a citizen of the country foster the development of a sense of caring for others (empathy) Motivate participants to become proud and caring members of their communities, helping to identify and create solutions to community social problems. To develop insight and understanding of what constitutes a community and the role that they play in their communities To through community service address real needs in communities To develop insight and understanding into the causes and effects of community problems recognize and develop an understanding of what it means to be a responsible, participating and productive citizen of the country develop competencies and skills that will enable them to become responsible and productive citizens develop a personal stake in the well-being of their communities.
Activity Individual Consultation Preparation session 1 - 4 Community Build your Own Service work hours and Training session reflection (3hrs) assignment Project planning & (vary from 20 implementation 300 hours) (17 hrs) Closing group session (3 hrs) Done in a day or two Group Session (2 hours) Group session (2hrs)
PROGRAM OUTLINES
Positive Parenting Partners
Other Programmes/Interventions
Early Intervention/Therapeutic Involve parents - build skills, support & assist parents to understand and maintain change in children Multi facetted & developmental based on a systemic model with CBT elements 24-30 hours structured over 12 weeks frequency depending on characteristics of participants Address reduction of family system and parental risk factors that predispose & contribute to involvement of crime
Sex offender programmes Violent offender programmes Individual Cognitive Behavioural Therapy Family work & Therapy
Comprehensive Policy, Standards and Procedure Manual that was developed over the last 15 years Inclusive of high level frameworks, practice and professional standards (international & local), service and organizational procedures Dynamic, scientific & professional processes of design, development, implementation, monitoring, evaluation and review linking back to design and development
PROGRAMME EVALUATION Research evaluation Step 1 What is to be evaluated? Identify stakeholders Cooperation of staff Specify programme objectives Specify evaluation objectives Choose variables Choose research design Implement measurement Analyse/interpret findings Report/implement results
PROGRAMME D & D Rothman & Thomass Model Phase 1 Problem analysis & programme planning Phase 2 Information gathering and synthesis Phase 3 Designs Phase 4 Early development and pilot testing Phase 5 Evaluation and advanced development Phase 6 Dissemination Strategic Planning
PROGRAMME IMPLEMENTATION & MANAGEMENT Logic Framework Inputs resources & personnel Outputs Participation Activities Outcomes Targets reached Impact Short term Medium term Long term Certain Evaluation activities to be undertaken
PM1: weekly individual and monthly group supervision Nicro National Training & Development Programs PM Assessment: Quarterly PM 2: bi-weekly individual and bi monthly group supervision PM 3: monthly individual and quarterly group supervision Training Impact Monitoring Regional; Provincial and Nodal group training & Development PM 4: (supervisees recognize when they need to seek consultation ) Professional Review /Appraisal March and September Supervision Agenda Supervision Contract
Individual staff development; modelling and training Training Impact Evaluation ( November)
PM 4 staff Assist with Student Supervision and Supervision of Development workers and SAW accountable to them
Organisational Performance
Customer Satisfaction
A.Systemi c
Dashboards (Monthly)
Quality Assurance Assessments (ongoing) Unit Costing and Evaluation (Annual) Finance Department A.Enterpr ise Developm ent Departme nt B.Human resource Departme nts
Program Evaluation ( Pre/ Post Test ) Ongoing CMS and Statistics (output) Quarterly
Focus Groups ( clients) Personal Interviews ( clients) Focus Groups ( Stakeholders) Observation (ongoing)
A.NIC RO 2010
SUPERVISION
Overall implementation & management of services quality assurance and professional development Scientifically based process enhancing capacity and effectiveness SLS Model Administrative, Supportive , Motivational and Modeling
TRAINING
2 aspects continuous professional development and capacity building/ organizational development Internal training as well as external (stakeholders) External usually on request focus on broader aspects of diversion, also some requests for content & specialized training Learning from internal training training most effective focuses on professional development rather that procedural and structure Consider purposes & functions of stakeholders when doing training Training basic (core), intermediate and advanced specifically for content and process work informed by training needs analysis Training topics are based on what the group needs Careful not to load training - rather more frequent with continuous application monitoring Challenge application of learned knowledge & skills in practice Understand that standardization can only be developed to a certain extend careful to be procedural and prescriptive compromise the professional discretion and expertise of content specialists
TRAINING
Assessment Practice Etiology & Nature of Offending behaviour, criminality & developmental pathways Offender specific sex offenders, drug addiction & treatment, Violent offenders General concepts Diversion, RJ, Sentencing Etiology & nature of changing behaviour professional skills Etiology & nature of victim trauma dynamics and impact specifically in relation to RJ involvement
Central to community work as social work method This is how entrance into communities are gained and how solutions are assimilated into communities Generally challenging beliefs and attitudes of individuals & collective values and norms Involvement of traditional authorities particularly challenging in rural communities different paradigm and approach to offending behaviour Debate euro centrism, westernized ways of doing vs traditional whether a child is abused by family in Europe, America or Africa the emotional and psych impact on the child is the same it is the availability and effectiveness of resources to appropriately support the child to resolve the problem appropriately that is different Role should be as of any other facilitative, motivational and enabling
SAMPLE OF CASES
Geographical Distribution
June 09- November 09 Province Eastern Cape Free State Gauteng KZN %
6.5% 9.2% 31.1% 8.4%
Number
95 114 453 138
Number
85 79 313 162
%
7% 9% 29% 11%
Limpopo
Mpumalanga Northern Cape North West Western Cape Total
2.3%
6.2% 3.2% 4.9% 28.2%
30
95 49 72 431
4.4%
9.4% 3.8% 3.5% 24.3%
38
112 46 40 248
68
207 95 112 679
3%
8% 3% 4% 26%
100%
1477
100%
1123
2600
100%
Eastern Cape
KZN Northern Cape
7th
6th 3rd
6th
3rd 8th (lowest)
35
PERCENTAGE %
30 25 20 15 10 5 0 Referrals Crime
Mpu Nort E. Free Gaut Limp N. W. KZN mala h Cape State eng opo Cape Cape nga West Referrals 7 9 29 11 3 8 3 4 26 Crime 3.4 4.9 7.4 3.8 1.7 4.3 6.2 3.2 9.5
PROVINCE
DEMOGRAPHIC PROFILE
Age
Mpumalanga North West Free State Limpopo Northern Gauteng Western Eastern Cape Cape Cape 9 4 1 Total 43 187 578 709 191 118 145 153 244 170 45 14 3 KZN 4 11 50 74 30 20 18 23 38 23 8 1 1 6 24 32 5
Age Group <12 13-14 15-16 17-18 19-20 21-22 23-25 26-29 30-39 40-49 50-59 >60 Unknown 12 54 73 8 3 5 7 11 7
12 3 41 55 25 8 18 15 12 8 5 3 63 178 195 50 36 37 42 84 47 16 4 2
3 7 51 68 22 4 6 11 13 17 3 2
2 13 31 28 6 1 2 5 5 2
1 1 27 41 8 3 5 3 10 9 4
21 71 122 143 37 43 54 47 70 57
Total
180
193
766
300
68
207
95
112
679
2600
DEMOGRAPHIC PROFILE
Gender
Northern Cape
KZN
Gender Female
Western Cape
Eastern Cape
Mpumalanga
North West
Free State
Limpopo
Gauteng
22
67
174
85
46
14
17
137
21.8%
Male
158
126
589
215
63
161
81
95
542
78.1%
0.1% 100%
DEMOGRAPHIC PROFILE
Race
Northern Cape Western Cape Eastern Cape Mpumalanga
North West
Free State
Limpopo
Gauteng
Total
KZN
Race
African
Asian Coloured White Unknown Total
115
2 60 3 180
171
1 12 9 193
613
12 34 106 1 766
253
24 12 10 1 300
65
1 2 68
187
1 1 18 207
35
2 57 1 95
105
4 3 112
160
1 449 68 1 679
1704
44 629 220 3 2600
65.5
1.69 24.2 8.46 0.12 100
DEMOGRAPHIC PROFILE
Educational Status
Northern Cape
Western Cape
Eastern Cape
Mpumalanga
North West
Free State
Limpopo
Gauteng
KZN
No Schooling School Drop Out Schooling Completed School Tertiary Education Unknown Total
1 68 71 12 4 24 180 62 82 17 20 12 193
11 45 111 29 9 2 207 95 32 52 9 2
3 31 46 13 5 14 112
70% educated
DEMOGRAPHIC PROFILE
Employment Status
Northern Cape Western Cape Eastern Cape Mpumalanga North West Free State Limpopo Gauteng Total 138 333 83 604 341 1499
KZN
Employment Status Casual Employment Formally Employed Self employed Unemployed Unknown Total
9 9 14 27 59 118
15 17 13 57 1 103
23 31 8 92 33 187 4 1 6 1
13 24 9 37 15 98
4 5 1 16 14 40
5 15 2 29 15 66
40/40 unemployed & employed 24% unemployed for more than 3 years, 1 month 3 years
SERVICE DISTRIBUTION
Financial Crimes Prog
Programmes Attended
Specialised Assessment 63 78 141 31 38 1 3 5 2 18 119 40 16 29 181 617 Parenting Program Sex Offender Perpetrator
Anger Management
Assessment
CSO/PTCS
Life Skills
Journey
Matrix
Adapt
Eastern Cape Free State Gauteng KZN Limpopo Mpumalanga Northern Cape North West Western Cape Total
39 5 39 8 5 2 7 1 26 132 102 1 32 61 8
13 45 10 6 28 11
5 18
2 3 10 1 3 4 32 71
62 4
19 8 2 11 7
5 57 175
86 319 1470
14 47 133
1 9 80
Total 433 543 1754 651 199 471 211 264 1626 6152
VOM
RGC
REFERRAL SOURCE
Northern Cape Total KZN Referral Source Western Cape
Eastern Cape
Mpumalanga
North West
Free State
Limpopo
Gauteng
Community
corrections Legal Aid /Private Lawyer Magistrate 39
1
1 50 1 9 1 9
2
1 27
3
2 136
0.2
0.13 9.1
Other
Place of Safety Prison Probation Officer Prosecutor SAPS School Family/Self referred Unknown Total
3
5 3
4
1
40
5 4 960 1311 7 88 33 11
2.7
0.3 0.3 36.9 50.4 0.3 3.9 1.3 0.4 100
65 64 3
85 98 2 1
446 191 6 43 13 4
24 268 1 1 1 4 300
61 1
119 55 11
69 10 6 1
1 95
90 529 22
3 1
2 180 193
766
68
207
95
112
679
2600
CRIME PROFILE
Northern Cape Western Cape Eastern Cape Mpumalanga North West Free State Offender Status Limpopo Gauteng Total 2323 159 118 2600 KZN % 89.3 6.12 4.54 100
158 9 13 180
173 9 11 193
690 41 35 766
294 5 1 300
59 4 5 68
178 6 23 207
71 11 13 95
92 13 7 112
608 61 10 679
Mpumalang
Free State
Limpopo
a Northern
Gauteng
Western
Eastern
Type of Crime
Cape
Cape
KZN
Culpable Homicide Kidnapping Child Abuse Assault GBH Common Assault Domestic Violence Murder/Attempted Murder Weapons related crimes Robbery/Armed Robbery Rape/Attempted Rape Other Sexual Crimes Violent Crimes Total Dealing in Dagga/Alcohol/Other Narcotics DUI Possession of daggga/ alcohol/other narcotics Dug Related Offences Fraud Shoplifting Theft of/from M/Vehicle Theft/Attempted Theft Arson/Attempted Arson Economic Offences
17 22 7 2 1 12 2 63
1 25 11 1 2 6 3 49
81 34 1 3 11 1 1 132
24 3
3 3 1 34
1 1 5 40 40 11 4 2 3 4 2 113
18 11 1
6 31 9 12
3 4 34 61
64 66 13 27 2 9 2 1 184
1 18 19 32 20 52
1 4 5 1 63 30 94
1 15 16 16 101 117
2 2 1 7 8
1 6 7 3 17 30 50
1 8 9 17 1 10 28 0 4 3 2 11 20
% 0.1 0.1 0.5 16.7 11.3 2.0 1.5 0.4 3.1 0.9 0.5 37.0 0.2 2.7 8.8 11.6 0.8 14.3 0.3 15.7 0.1 31.1
Housebreaking& Theft/Attempted Housebreaking/Possession of housebreaking equipment Possession of Stolen Property Unauthorized Use of M/Vehicle Malicious damage to property/trespassing Property Crimes Reckless Driving; Driving without licence Other Victimless Crimes Victimless Crimes Other
13
13
40
14
12
18
33
155
6.0
2 2
2 1
12 28 3
12 27 2 5
33 80 7 6 13 54
4 22
1 14 2
4 17 2 2
2 8
1 21
32 68 4
2 2 14 0 9
6 10 26
3 1
7 2
0 11
2 7
4 13
Unknown
Total
14
180
9
193
25
766
1
300
1
68
3
207 95
1
112
6
679
60
2600
2.3
100
CONCLUSION
Structured programmes are only one type of action/activity that can be undertaken it is not the be all Programmes are not magic bullets implemented by individuals if the individuals are not professionally skilled, passionate and competent programmes will not be effective One needs all the ingredients