In
2008, we sat down with local judges and court administrators to talk about
their priorities and the opportunities presented by community justice
initiatives like the Midtown Community Court and Bronx Community Solutions.
Thankfully, our task wasn't as daunting as we had originally thought. Most of
them were already interested in exploring new and effective solutions to
problems their courts had wrestled with for years. In particular, they were
looking for responses that would help defendants address the social issues that
drive their offending. A comment from one judge seemed to encapsulate their
dilemma "I’ve got plenty of jail for them. But sometimes, jail isn't where
they belong."
So
with that in mind, we eventually settled on three goals NCS would pursue.
•
Decrease
The Court’s Use Of Fines Or Short-term Jail
Why?
Because, neither offenders nor communities can afford fines or jail as the
default response to low-level crimes. Indigent offenders can't pay the fines
and cash strapped municipalities find it more and more difficult to justify
$100 dollar-a-day jail stays for those with issues that can be more
appropriately addressed within the community. Decades of research and
experience indicate traditional sentencing schemes, especially those common in lower
courts, aren’t an effective response for many offenders. This is especially
true for offenders who struggle with issues like homelessness, addiction and
mental illness.
•
Increase
Offender Compliance
Why?
Courts, in the end, are about holding guilty parties accountable. Accordingly,
many judges are only inclined to offer alternative sentence when they are
convinced the offender will follow through with their order. Alternative
sentencing schemes can't be seen as just an opportunity for the defendants to
“game” the system. So what do we do? In
addition to using evidence-based assessment instruments and creating robust
compliance protocols, we put resources (staff) in place whose responsibilities
include reinforcing the court's stance on compliance and provide encouragement
when participants encounter the challenges that lead to noncompliance.
•
Increase
The Court’s Use Of Social And Community Service
Why?
Many offenders are sorely in need of social services. At NCS, 69% of
participants have a positive mental health or drug abuse screen, 29% are
homeless and 45% lack a high school diploma. Their personal histories are
filled with attempts at getting help that ultimately end in frustration and
disillusionment. Without the helping
hand offered by NCS, most will continue to cycle through the system.
Finally,
meaningful and visible community services sends a clear message to all that offenders
are obliged to pay back for the harm they’ve done. And, when the community
service program is run effectively, it can serve to reconnect the same
offenders to the community they once harmed.*
Eighteen
months in, we are doing pretty well. To date, 1900 participants have enrolled
with the program. 74% percent have complied with the court’s orders and many
continue to work with us voluntarily after their matter is settled.
*Among
other characteristics, an effective community service program would include a
robust monitoring component and leverage community partners who can help
offenders attain skills or other pathways to employment.
