The debate over the future of the juvenile court and the juvenile justice system has historically been between proponents of a retributive, punitive philosophy and advocates of the traditional individual treatment mission. Both approaches have failed to satisfy basic needs of individual crime victims, the community, and juvenile offenders.
The Balanced and Restorative Justice (BARJ) Model outlines an alternative philosophy, restorative justice, and a new mission, "the balanced approach," which requires juvenile justice professionals to devote attention to:
The balanced approach is based on an understanding of crime as an act against the victim and the community, which is an ancient idea common to tribal and religious traditions of many cultures. Practitioners have used techniques consistent with this approach for years; however, they have lacked a coherent philosophical framework that supports restorative practice and provides direction to guide all aspects of juvenile justice practice. The BARJ Model provides an overarching vision and guidance for daily decisions.
Juvenile justice professionals, including probation and parole officers, prosecutors, judges, case managers, and victim advocates, recognize the need for juvenile justice system reform. People who work on the front lines of the system are faced daily with the frustration of seeing growing numbers of young people involved in criminal behavior, youth who leave the system with little hope for real change, and countless crime victims and community members who are left out of the process. That frustration has inspired many of these professionals to work toward changing organizational culture, values, and programs to reflect a more balanced and restorative approach to juvenile justice.
The BARJ Model is a vision for the future of juvenile justice that builds on current innovative practices and is based on core values that have been part of most communities for centuries. It provides a framework for systemic reform and offers hope for preserving and revitalizing the juvenile justice system.
Implementation must begin with consensus building among key stakeholders and testing with small pilot projects to develop the model. This evolutionary process can build on existing programs and practices that reflect restorative justice principles, such as victim-offender mediation, family group conferencing, community service, restitution, and work experience.
Source: Guide for Implementing the Balanced and Restorative Justice Model, 1998, OJJDP, U.S. Department of Justice
, Washington, D.C.
During today’s telecast, we will examine the experiences of three metropolitan communities that have implemented many changes in their respective justice systems to achieve the priorities of BARJ – public safety, accountability and competency development.
Community Intensive Supervision Program
The Community Intensive Supervision Program (CISP) is operated by the Court of Common Pleas of Allegheny County, Family Division-Juvenile Section and has been in operation since June of 1990. CISP functions as an alternative to institutionalization for repeat juvenile offenders, and starting in January of 1997, CISP has functioned as an aftercare program for youth released from institutional placements. These offenders have continued to challenge the resources, both human and financial of the Court. The Court continues to experience an increase in total referrals and an increase in the severity of offenses. Institutional beds are filled to capacity across the state. Institutions (both public and private) have created waiting lists for counties wishing to commit youth to residential programs. In an effort to address these problems, the Court has developed the Community Intensive Supervision Program. Also, it is a statistically proven fact that youth exiting institutional placements have a tendency to recidivate at a high rate within the first six months after release. Therefore, it made sense that CISP would expand the use of the CISP Program for aftercare services.
The CISP Program provides the Court with a community-based alternative to residential care for selected chronic juvenile offender
, and also serves as an aftercare program for youth released from institutions. A full range of programming, including drug screening, is offered in four specially designed neighborhood centers during afternoon and evening hours, seven days a week. Supervision of youth continues throughout the night by use of an active electronic monitoring system. In addition to traditional probation department personnel, the program is staffed by paraprofessional “Community Monitors” who are adult residents of the same neighborhoods in which the youth reside. These individuals act as role models to encourage competency development and promote accountability and victim reparative efforts. It should be noted that juvenile code in Pennsylvania is based on Balanced and Restorative Justice principals.
Youth from three geographic regions of the City of Pittsburgh and one in Wilkinsburg have been chosen to participate in CISP. The specific regions are Garfield, Hill District, Homewood and Wilkinsburg. The areas selected for the project have traditionally experienced a high rate of institutional placement. The CISP Program is designed for male juvenile offenders (ages 10-18) from the targeted neighborhoods who were on probation, continued to recidivate and would be institutionalized but for the existence of this alternative. Property offenders make up for the majority of youth placed into the CISP Program. The Court continues to experience an influx of crack-related offenses; therefore, youth with crack-related offenses are eligible for CISP. Se offenders are not eligible for the CISP Program.
Since the CISP Program is neighborhood-based, a youth must live in one of the designated neighborhoods to be eligible. Youth remain in their own communities and are introduced to positive community resources. Placement into the CISP Program must be court ordered by the Judge.
Purposes and Objectives
The purpose of the Community Intensive Supervision Program is to provide an alternative to institutionalization for youth under Court supervision who continue to commit delinquent acts and also serves as an aftercare facility for youth who have been successfully released from institutional placements. CISP objectives are as follows:
To operate an intensive supervision program for repeat offenders in the community which provides balanced attention between offender, community and victim
To successfully impact the recidivism of youth in CISP, thereby impacting the number of youth requiring institutionalization
To provide a real world learning experience in the community, rather than the artificial of sterile environment of an institution
To maintain Failure to Adjust discharges from CISP at no more than 2%
To make CISP effective enough to significantly impact the Court’s overall institutional budget.
CISP operates in 4 community centers. Each center has the capacity to program 30-35 youth for a total of up to 140 youth system-wide. The Centers are open seven days a week from 2:00 PM to 2:00 AM. Youth are normally in the center or participating in required activities from 4:00 PM to 10:00 PM. All youth are supervised, monitored and held accountable twenty-four hours a day.
All youth in the CISP Program live at home with their parent(s) or guardian. Parental involvement is vital to the overall success of a youth in the CISP Program. Parents are invited to be involved in all aspects of their child’s participation in CISP. Youth are held accountable for their behavior and conduct while in their home under their parents’ supervision. Parents are a vital link between the home, school and CISP.
Upon admission to the CISP Program, all youth are confined to their home on house arrest under the direct supervision of their parents. Youth are permitted to attend school/work and CISP activities. Youth are given a predetermined amount of travel time to and from approved destinations. Parental involvement and support are of paramount importance to youth successfully completing program requirements. CISP staff work closely with parents.
All youth placed in CISP are monitored by the BI-Home Escort series electronic monitoring system, developed by BI Inc., based in Boulder Colorado. This system has the ability to record all entries and exits from the youth’s home by the youth. Each youth is assigned a transmitter, which is worn on the lower calf/ankle area. Each youth is assigned a monitoring device, which communicates with the Command Center located at the Eastern District Probation Office through a standard phone line.
The major treatment issue in CISP is Drug and Alcohol education, assessment and treatment. All youth are involved in some aspect of drug and alcohol programming. Youth are involved in individual counseling, group counseling, peer counseling, and family intervention. CISP staff operate out of a Reality Therapy approach; however, the program is flexible enough to meet individual youth and family needs. Family support of CISP is vital; therefore, the youth’s family is invited to participate in all CISP activities and programs. Daily contact is maintained with the youth’s family to insure that the youth is complying with parental requirements.
Youth placed in the CISP Program are permitted to continue attending school and are also permitted to work. All youth in this phase of the program are held accountable for daily attendance and performance. Youth attending school are required to have their teacher sign the youth’s daily attendance log. CISP staff also maintain close contact with school attendance officials. Additionally, CISP staff work closely with school officials on performance and discipline issues. For the most part, youth remain in the same school they were attending prior to placement in CISP. This allow for continuity for the youth and school officials. CISP you have the same educational opportunities that all other Pittsburgh School District youth enjoy.
As mentioned, youth are permitted to work while in the CISP Program. When a youth has a job his hours and travel requirements are verified prior to beginning work. If a youth owes restitution, he is required to make regular payments through the Juvenile Court Restitution Department.
Community service is an integral component of the CISP Program. All youth participating in CISP are required to perform community service. The primary purpose of community service is to hold offenders accountable for their actions by requiring them to perform community service as a way of symbolically “paying back” the community for the wrong they have done.
The Community Intensive Supervision Program will not permit youth to use any tobacco products while under direct supervision. As positive role models to youth, CISP staff are not permitted to smoke or use any tobacco products while on duty.
The CISP Program has been evaluated by Duquesne University Graduate Center for Public Policy. This research involves a follow-up evaluation of youth from CISP who successfully completed CISP from 1990 to the present. A summary of the data revealed that 55% of the successful program participants did not recidivate in either the juvenile or adult systems.
Program Operation Cost
The CISP Program is jointly funded through grants and county dollars. If the CISP Program is operating at full capacity, the per diem is $56.00. Comparison of this per diem with the cost of institutionalization, which averages $80 to $265 a day depending upon where the youth would be placed, obviously results in a significant cost savings.
Source: Community Intensive Supervision Program, Juvenile Court of Allegheny County, Pittsburgh, Pennsylvania
Restorative justice principles and programs have been established in Dakota County, Washington County, the Minnesota Department of Corrections, and through small not-for-profit organizations in Hennepin County. Descriptions of Washington County’s Community Justice efforts for juveniles and Peacemaking Circles of the Black
, Indian, Hispanic and Asian (BIHA) Women in Action program of North Minneapolis are briefly described below.
Washington County Community Justice
In Washington County, Stillwater, Minnesota, community justice begins with the premise that the community is the ultimate customer of the community corrections system. Whereas the traditional justice system focuses on the offender, community justice shifts the focus to the safety and well being of the community. This involves balancing long and short-term intervention strategies, focusing on prevention, and involving citizens in the justice process.
Community justice actively involves community members in making decisions and carrying out plans for resolving issues and restoring the community, including working with individual crime victims and offenders. Community members are also involved in preventing and controlling crime, improving neighborhoods, and strengthening the bonds among community members, which contribute to community safety.
Washington County’s Juvenile Diversion Program allows juveniles an opportunity to resolve serious problems without going to court and incurring a court record. The Department of Court Services, in cooperation with the County Attorney's Office, coordinates diversion services for juvenile offenders who meet the criteria for diversion. All juvenile offense reports are screened by the County Attorney's Office and those offenses that fit specific criteria are referred to Court Services for diversion. Participation in this process is voluntary.
During the last two years, this program has been revised to allow youth to be directly referred to the four youth serving agencies that provide these services at the community level. Previously, these youth and their parents were required to meet with probation staff before being referred to the community agency. The direct referral process has significantly reduced the time between the offense and the diversion response, eliminated duplication of effort by the county and local agency staff who were also meeting with the youth and parents, and gives the community greater responsibility and authority for responding to juvenile crime.
The Washington County Community Justice Program also employs Restorative Conferencing
, victim-offender conferencing and community circles, all non-adversarial community-based processes focused on holding offenders accountable and repairing the harm caused to victims and communities. These programs provide an opportunity for crime victims to meet with offenders to talk about the facts and feelings related to the crime and to develop a mutually agreeable restoration plan. Agreements may include creative options identified as meaningful reparation by the conference participants, as well as monetary restitution or involvement in existing community programs. All levels of offenses, from misdemeanors to violent felonies, may be referred to this program.
Small group conferences and large group conferences provide the opportunity to address incidents involving multiple victims, multiple offenders, and/or a large community of affected individuals. This program component has been particularly useful in responding to incidents
that occur in the school setting in which a number of students, their parents, and school personnel have a stake in the outcome.
The conferencing process is designed to address the needs of victims and offenders in a manner
which personalizes the process of justice and facilitates resolution of the problem at a community level. Conferences provide victims and offenders the opportunity to deal with each other as people from the same community, rather than as stereotypes and objects. The involvement of community volunteers as trained mediators further enhances community participation in the criminal justice system.
In summary, interventions that incorporate the philosophy of restorative justice include community panels that meet with juvenile offenders to review the offense, its impact on the community and the juvenile's plan for reparation; conferences involving victims, offenders, and family members or their concerned individuals; parent child mediation
; and educational programs have been revised to include a victim awareness component.
For more information, contact Ms. Joni Wright, Administrative Supervisor for Court Services, Washington County, MN at 651/430-6946.
BIHA Women in Action Peacemaking Circles
The Circles conferencing program in North Minneapolis is operated by a nonprofit organization operating in the inner city and targeting youth of color. The Black, Indian, Hispanic and Asian Women in Action program, is directed by Ms. Alice Lynch. BIHA has been active in Restorative Justice Activities for four years and is sponsoring two Community Circles, which are conducted by volunteers who live or work in the community and are committed to helping their neighbors. The Community Circles process is being successfully used for decision-making, problem solving and conflict resolution in schools, neighborhoods, workplace, family and the criminal justice system. BIHA is using the process for families who have need for services involving abuse or educational neglect, juvenile justice and working in the school system in northside Minneapolis.
Circles is an updated version of the traditional sanctioning and healing practices of Native peoples in Canada and in the U.S. Peacemaking circles is a holistic reintegration strategy designed not only to address the delinquent behavior of offenders but also to consider the needs of victims, families, and communities. Within the “circle,” crime victims, offenders, families and friends of both
, justice and social service personnel, and interested community residents speak from the heart in a quest for an understanding of the event. This shared search also includes identifying the steps necessary to heal all affected parties and prevent future crimes or delinquency.
Source: Washington County Department of Community Justice, Stillwater, Minnesota and the Black, Indian, Hispanic and Asian Women of Action program of North Minneapolis. For more information about BIHA call Ms. Linda Fancher, Circle Coordinator at 612/521-2986 or email firstname.lastname@example.org
Colorado Forum on Community and Restorative Justice
Located in Denver, Colorado, the Colorado Forum on Community and Restorative Justice exists to foster understanding and implementation of restorative and community justice principles and practices throughout the state of Colorado. As a statewide organization, the Forum collaborates with communities, organizations, foundations, the criminal justice system and state leadership to work for healthy communities.
Colorado is a very diverse state that represents a confluence of values and changes brought by an infusion of people from a variety of regions and cultures. Growth has introduced many challenges in recent years. In addition to demographics and philosophy, there are significant differences between urban areas, mountain communities and rural districts. Financial and programmatic resources vary tremendously across the state.
Denver developed the second juvenile court in the nation, indicative of a desire to rehabilitate minors who were seen as needing supervision and sometimes, particularly in recent years
, treatment services to remediate their poorly developed habits. Concerns about urban youth violence led the legislature in recent years to amend the Colorado Children’s Code
to explicitly state public safety as a concern paramount to the “best interests of the child” when a minor is convicted of committing a delinquent act. As in other states, there has also been a trend in Colorado to charge more teens with adult off offenses. The number of institutional beds available for delinquent youth has mirrored the expansion seen in adult corrections.
In the 1999 legislative session, the beginning of what is a positive trend was evidenced by passage of a bill, which added some of the principles of restorative justice to the Colorado Children’s Code.
Colorado statutes now specifically recognize the harm, which
accompanies the commission of a delinquent act as well as the “stated desire” to make restorative justice programs available to individual victims and communities who choose to use them.
The Office of Probation Services in Colorado has made significant strides toward understanding that to be effective in supervising offenders in the community, the community's and victim's needs must be recognized in the process. There is an increased awareness of the need to operate within a balanced model that addresses the offender, victim and community act in partnerships. At this time probation departments are confronted with the need to define their role in addressing issues and services as part of a coordinated community effort. Through an extensive planning and educational process, probation departments in Colorado have come to recognize and embrace the need to work in collaboration with the community and to build and maintain community partnerships and programs.
Source: Colorado Forum on Restorative and Community Justice
Colorado Office of Probation Services
Restorative Justice Values and Principals: A Colorado Perspective, Colorado Forum on Community and Restorative Justice; available online at www.coloradorestorativejustice.org
OJJDP Bulletin: A Comparison of Four Restorative Conferencing Models (Feb. 2001) NCJ184738 Available through the National Criminal Justice Reference Service
Balanced and Restorative Justice for Juveniles: A Framework for Juvenile Justice in the 21st Century (1997). Available through the Balanced and Restorative Justice Project.
Balanced and Restorative Justice Program Summary (1995). Available through the National Criminal Justice Reference Service.
Balanced and Restorative Justice Project Curriculum Guide (New edition in process). Published for OJJDP by the Balanced and Restorative Justice Project.
Community Boards and Juvenile Justice in Vermont (2000). Available through the Balanced and Restorative Justice Project.
Conferences, Circles, Boards, and Mediations: Restorative Justice and Citizen Involvement in the Response to Youth Crime (2000). Available through the National Criminal Justice Reference Service. Other copies available through the Balanced and Restorative Justice Project.
Guide for Implementing the Balanced and Restorative Justice Model (1998). Available through the National Criminal Justice Reference Service and the Balanced and Restorative Justice Project.
Restorative Justice Inventory: An Organizational Assessment for Juvenile Justice Agencies (2000). Available through the Balanced and Restorative Justice Project.
Engaging the Community in Response to Youth Crime: A Restorative Justice Approach (2000). Draft copies available through the Balanced and Restorative Justice Project.
Building Relationships Developing Competency” Toward a Restorative Approach to Offender Reintegration in a Balanced Juvenile Justice System (2000). Draft copies available through the Balanced and Restorative Justice Project.
Victim Involvement in the Juvenile Court: Judges’ Perspectives on the Role of a Key Stakeholder in Restorative Justice (2000). Forthcoming and draft copies available through the Balanced and Restorative Justice Project.
The National Criminal Justice Reference Service may be reached at 1-800-638-8736 or online at www.ncjrs.org.
The Balanced and Restorative Justice Project may be reached at 954-762-5668 or by email at email@example.com.
Resources on the Web
Restorative Juvenile Justice Policy Development and Implementation Assessment: A National Survey of States (2000). Draft copies available through the Balanced and Restorative Justice Project.
Balanced and Restorative Justice Project
Community Justice Institute at Florida Atlantic University
Center for Restorative Justice and Peacemaking, University of Minnesota
Deschutes County, Oregon, Department of Community Justice
Mennonite Central Committee
National Criminal Justice Resource Service
National Institute of Corrections
Office of Juvenile Justice and Delinquency Prevention, U.S. Department of
Restorative Justice Trainers' Clearinghouse
Restorative Justice Online
Victim Offender Mediation Association
Colorado Forum on Restorative Justice
Dennis Maloney, Director
Department of Community Justice, 63333 Highway 20 West, Bend, Or. 97701, Ph. 541-383-0165, Fax 541-383-0165
Dennis Maloney is the Director of Deschutes County Community Justice. There he has initiated a variety of juvenile and adult corrections’ programs that have gained national attention. Dennis has written two books and over 30 published articles. The book he wrote on probation is the most widely distributed journal in the history of the National Council of Juvenile and Family Court Judges. Over the past decade Dennis has provided technical assistance to all 50 states. Nearly thirty states have revamped their entire juvenile justice system based on Dennis’ writings on the Balanced Approach to Juvenile Justice. Dennis has been honored with several awards including the Sam Houston State Award for the Nation’s Outstanding Publication on Community Corrections. In 1998, Dennis was recognized by the United States Office of Juvenile Justice and Delinquency Prevention as one of five citizens who have had the most positive influence on the nation’s juvenile justice system. In the year 2000, the Deschutes County Community Youth Investment Program, a program designed by Dennis, was honored as one of the top 25 innovations in American government. The Portland Trailblazers named him as one of ten Oregon Superstars. Most important to Dennis is the privilege of being a father to five daughters: Tracy, Shannon, Caitlin, Kelly, and Molly. He is married to Nancy Maloney who is a physician in their hometown of Bend, Oregon.
Kimberly Pressley, Program Coordinator
Allegheny County Juvenile Court, 519 Penn Ave., 2nd Floor, Pittsburgh, PA ; Phone 412-243-6886; email firstname.lastname@example.org
Kimberly Pressley is a Program Coordinator with the Allegheny County Juvenile Court’s highly successful Community Intensive Supervision Program (CISP) in Pittsburgh, Pa. CISP functions as an alternative to institutionalization for juvenile offenders, and starting in January 1997, CISP has functioned as an aftercare program for youth successfully released from institutional placements. The CISP is based in four neighborhood “Treatment Centers” and operates seven days a week between the hours of 4:00 p.m. and midnight. Kimberly began her career in 1989 working with juvenile sex offenders in a secure treatment facility. Kim began her work with other serious juvenile offenders in CISP as a community monitor. She has held positions as a Probation Officer/Assistant Supervisor/Case Manager of the Hill CISP and Supervisor of the Homewood CISP. Additionally, she has been employed with Whale’s Tale and Outreach South providing counseling services. Also, she has served as adjunct professor in a unique course at Duquesne University entitled “In-Street Conflict Resolution.” Kimberly graduated from Penn State University with a Bachelor’s degree in Business Administration. Later, she received a Master’s degree in Counseling Education with an emphasis on Drug and Alcohol. Presently, she is attending Duquesne University pursuing a doctorate degree in Educational Leadership. Kim is involved in several initiatives with the Pittsburgh Mediation Center (PMC). She has been trained in conflict resolution and has been a mediator for five years. Kim specializes in school, community, victim, group and adoption mediation. Additionally, she is an acting member on the Board of Directors for PMC.
Russell Reetz, Director
Court Services, Washington Co. Government Center, P.O. Box 6, Stillwater, MN 55082, Phone 651-430-6900, email email@example.com
Russell Reetz is currently the Director of Community Corrections in Washington County, Minnesota. He has held that position since 1987. He brings over 30 years of experience in juvenile and adult corrections. He is an adjunct professor in Sociology and Corrections at Minnesota State University – Mankato. He is a trainer and a consultant for the National Institute of Justice, Office Of Juvenile Justice and Delinquency Prevention, the Balanced and Restorative Justice Project, Florida Atlantic University and the Center for Policy Planning and Performance, a private non profit organization. His department is recognized as having been the first County and second corrections agency in the Country to use a validated 3rd generation risk assessment tool in the classification of offenders residing in the community. The department is considered a leader in the area of Restorative Justice and Correctional best practices in the both the State of Minnesota and Nationally. He has one of the most active citizen advisory boards in the state and their annual plan is cited as a model by the State Department of Corrections. He also is actively involved in community organization and collaboration in the areas of Community Justice, mental health services and family services.
Anne Rogers, Executive Director
Colorado Forum on Community and Restorative Justice, 900 Auraria Parkway, Suite 129,
Denver, CO 80204; Phone 720-904-2322, email firstname.lastname@example.org
Anne Rogers is the Executive Director of the Colorado Forum on Community and Restorative Justice. The Forum is a statewide non-profit organization that promotes the understanding and implementation of restorative community justice. They provide training and education, technical assistance, resources, program development and policy development Prior to joining The Forum, Anne was the Victim Services Coordinator for the Office of Probation Services at the Colorado Judicial Branch, where she was responsible, statewide, for the probation victims program, including program implementation, policy development, legislation and training. Prior to joining probation, Anne was the Director of Training for Colorado Organization of Victim Assistance. Anne spent 18 years in the private sector where she was the Director of Product Development for EDS. She is on the board of the Colorado Organization for Victim Assistance and is the past CO-Chair of the Colorado Forum on Community and Restorative Justice. She has been a victim advocate with the Boulder County Sheriff’s Office and a community conferencing facilitator with the Longmont Community Justice Partnership. She is currently a part of the Restorative Justice Team with the Boulder Sheriff’s Department. Anne has worked with the Vencentian Center on Spirituality, teaching classes in decision making for incarcerated women in Colorado Women’s Prison. Anne has worked extensively on high profile crime cases in Colorado, where she assisted in the coordination and delivery of services to the survivors and family members of the Oklahoma bombing, while they attended the McVeigh and Nichols trials in Denver. She also provided assistance to victims, schools and the community during the Columbine Shooting. Anne received the Public Service award from the Justice Department for her work during the Oklahoma Bombing Trials. Anne has also received the Volunteer Service Award from the Boulder Sheriff’s Award and an award of special recognition from the Colorado Association of Probation Officers for her work in restorative justice. Anne has BS in Marketing from the Regis University in Denver Colorado.
John Wilson, Acting Administrator
Office of Juvenile Justice and Delinquency Prevention, U.S. Department of Justice, 810 7th Street NW, Washington, DC 20531; Phone 202-307-5911; Fax 202-514-6382
John J. Wilson is the Acting Administrator for the Office of Juvenile Justice and Delinquency Prevention (OJJDP) within the U. S. Department of Justice, Office for Justice Programs. Mr. Wilson joined the Department in 1974 as an attorney advisor in the office of the General Counsel for the Law Enforcement Assistance Administration. He served as Senior Counsel to OJJDP from the program’s inception in 1974 until 1992, when he joined the Office as its full-time Legal Counsel. He is now in his second stint as Acting Administrator for the Office. He also serves as a member of the U.S. Advisory Board on Child Abuse and Neglect.
Mindy Shannon Phelps, Moderator
Ms. Phelps has moderated numerous national satellite videoconferences produced by OJJDP. Her Professional experience includes serving as a co-anchor of WLEX-TV's evening newscast. WLEX is an NBC affiliate located in Lexington, Kentucky. Ms. Phelps has served as Press Secretary for the Governor’s Office in the Commonwealth of Kentucky and currently acts as the statewide coordinator of Habitat for Humanity.
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Office of Juvenile Justice and Delinquency Prevention