This page is intended to provide general information and address frequently asked questions about how restorative justice practices are implemented in both the Juvenile and Adult Diversion Counseling Programs in the 23rd Judicial District. The following is for informational purposes only; the Diversion Counseling Program does not guarantee specific outcomes in any case.
What is meant by the phrase “restorative justice”? Restorative Justice (“RJ”) is based on a theory of justice that considers crime and wrongdoing to be an offense against relationships, rather than just the state. Under the principles of RJ, there is no such thing as a victimless crime; there is always someone who was impacted by criminal behavior. RJ seeks to identify relationship(s) impacted, then ask, “What can be done to repair the harm?” The term refers to a set of practices that emphasize repairing the harm to the victim and community caused by criminal acts.
Colorado law further defines “restorative justice” as “practices that emphasize repairing the harm caused to victims and the community by offenses. Restorative justice practices include victim-initiated victim-offender conferences, family group conferences, circles, community conferences, and other similar victim-centered practices. Restorative justice practices are facilitated meetings attended voluntarily by the victim or victim’s representatives, the victim’s supporters, the offender, and the offender’s supporters and may include community members. By engaging the parties to the offense in voluntary dialogue, restorative justice practices provide an opportunity for the offender to accept responsibility for the harm caused to the victim and community, promote victim healing, and enable the participants to agree on consequences to repair the harm, to the extent possible, including but not limited to apologies, community service, reparation, restoration, and counseling. Restorative justice practices may be used in addition to any other conditions, consequences, or sentence imposed by the court.” C.R.S. § 18-1-901(3)(o.5).
What are examples of restorative justice practices that may be used in the Diversion Counseling Program? While participating in the DCP, juvenile and adult clients work with their assigned staff case manager or therapist to explore the tenants of restorative justice, including taking accountability for their behaviors, empathy for both direct and indirect victims, recognizing impact and the types of impact, gaining insight into factors which may have contributed to their criminal behavior, and making amends to the victim and community. Specific restorative justice practices may include completing an accountability letter addressed to a victim and/or other impacted party; participating in a meaningful community service project that is tied to the offending behavior; attending a victim impact panel; and/or engaging in a Restorative Justice Circle. All restorative practices take into account victim needs, community safety, and appropriateness based on numerous factors.
What is the role of victims in shaping the restorative justice practice used in a particular case? The DCP actively seeks input from victims and community members who have been impacted by a diversion participant’s criminal behavior. When a case is accepted into the DCP, victims and other impacted parties are invited to complete a Victim Impact Statement or a Restorative Justice Case Planning Form, depending on the nature of the offenses charged. Providing input is entirely voluntary, and choosing not to submit either form does not change the requirement that a participant must complete a restorative justice practice to successfully complete the program. Because a victim’s voice can guide the therapeutic direction and goals of a participant’s time in the program, it is important that the DCP receives such input as soon as possible, and within the timeframe indicated on the Restorative Justice Case Planning Form.
In some cases, additional preparation may be necessary before engaging in any practice that brings victims and offenders together. This is to ensure the process is safe, supportive, and beneficial for all involved. When this occurs, the DCP will provide additional information and coordinate with all parties to support the process.
All cases are unique. While the DCP strives to honor all restorative justice requests, we are equally committed to supporting the participant’s successful completion of the program and reducing the likelihood of reoffending. In balancing these priorities, the DCP will make the final decision regarding which restorative justice practices will be implemented. Victim or harmed-party requests will be carefully considered, but specific outcomes cannot be guaranteed.