< Previous40 PERSPECTIVES VOLUME 45, NUMBER 2 INTERNATIONAL RESTORATIVE JUSTICE concern regarding the well-being of my family. Through our conversation he took full responsibility for his crimes and the actions that had so harmed others. He spoke of his own family and the meaningful relationships he had formed with others, within the prison, and in the community. He also spoke for the first time of his hopes and plans for the future. Following that meeting, Heather wrote her victim statement, in which she expressed, “Adam should be given every opportunity to access all the help and support he can to facilitate his release and to move forward toward a meaningful and productive life.” Michelle comments about her own view of Adam’s readiness for release: I tend to be conservative when making recommendations, my paramount concern being to ensure the release is as safe as it can possibly be for both the community and for the offender. On that basis, I began to work with Adam to begin his reintegration into the community, starting with a transfer to a minimum-security institution. Adam was humble, still believing he did not deserve to be released because of the life he took. I am referred to as a “hard-nosed” parole officer, but over the next few months, I managed to persuade Adam that he deserved to move on with his life; a view firmly reinforced for me by his victim’s mother. Adam finally agreed to the transfer to minimum that would set the stage for his release to the community. Heather concludes with this thought: My hopes and prayers for Adam are that he is finally able to forgive himself and move forward, knowing that in having taken responsibility and served the sentence imposed, he has earned the right and is deserving of a second chance. Adam concludes by saying: There can be nothing as viscerally real and elucidating as the victim-offender mediation process; consequently, there can be no greater opportunity for true insight and healing. I am grateful that the program found me and eternally grateful to the dedicated men and women who handle the process with such care and grace. Research in Support of RJ This case study provides a real-life example of a successful restorative justice process and illustrates both participants’ personal journeys in addressing the harm produced by the act of violence. RJ is also supported by a body of research that points to the direct benefits for participants and the indirect benefits for correctional staff. Victims who participated in victim-offender mediation gained greater control over their safety and their lives, and the process offered a measure of closure (Roberts, 1995). Offenders, in addition to personal growth, reported a greater commitment to addressing their criminogenic needs, and staff confirmed a higher commitment by those offenders to participate actively in their correctional plan (Roberts 1995). CSC research has shown that RO shows promise in reducing recidivism (Stewart et al., 2013). The trend suggested that after one year of release, offenders involved in a face-to-face meeting had fewer returns to custody despite lower reintegra- tion potential and motivation ratings. Another study demonstrated that RO participation, par-41 AMERICAN PROBATION AND PAROLE ASSOCIATION INTERNATIONAL RESTORATIVE JUSTICE ticularly when meetings were offered in the com- munity, resulted in a lower rate of revocation. The results also suggested that RO participation while incarcerated may reduce revocation rates over time (Stewart et al., 2018). In 25 cases randomly selected from a pool of victims and offenders that met face-to-face, 97% of the victim respondents felt they were disempowered, disrespected, or subjected to secondary victimization by the criminal justice system, but they unanimously reported that participation in victim-offender mediation empowered them and provided an opportunity to “impact the offender’s thinking.” The majority of offender respondents reported that their program participation assisted them in creating a “new life script” and to be capable of living the hopes and expectations their victims now had for them to live crime-free (Gustafson, 2018). CSC RO Correctional Results Report (2020) provides correctional results for 280 offenders who completed a face-to-face meeting with vic- tims. Of the 228 offenders who participated in a face-to-face meeting and were subsequently released, 98% did not re-offend within one year of the meeting; 91% did not re-offend within five years; and 89% did not re-offend by year 10. Comparatively, of a sample of offenders who did not participate in a face-to-face meeting, 84% did not re-offend after five years. RestorativeJusticeandVictim-Offender Mediation Services CSC defines RJ as an approach to justice that focuses on addressing the harm caused by crime and meeting the needs of those involved. RJ processes provide opportunities for safe and voluntary dialogue between victims, offenders, and communities. Participation in restorative justice processes can lead to the meaningful accountability of offenders, the recognition of harm and loss, positive change and forward movement for participants, feelings of satisfaction, improvements in health/well-being, and safer communities. In partnership with Criminal Justice Initiatives, CSC has maintained the Restorative Opportunities program based firmly on the values and principles of RJ for over 30 years. While RO exists in the criminal justice system, it is completely voluntary for all participants and is confidential. Any information about participation is kept separate and outside of the offender’s file and is not used or reported on for decision-making purposes. This creates a protected and safe space to have honest, truthful, and transparent discussions untethered to the correctional or parole process. Over the years much has been learned, including the importance of customizing processes based on the participants’ expressed needs and empowering them with choices. When dealing with serious crime, a one-size-fits-all approach and prescribed timelines can cause greater harm. Also, victims of severe violence are not interested in participating in a process that serves to benefit the offender’s sentence or parole. Victim participants want to be sure that the offender’s motivation to participate is to meet their needs as a victim—helping them in their journey towards justice and healing, letting them see that the 42 PERSPECTIVES VOLUME 45, NUMBER 2 INTERNATIONAL RESTORATIVE JUSTICE offender acknowledges what was done, and preventing any further harm. It is for this reason that the RO program continues to be described as victim focused and offender sensitive. RO processes are facilitated by highly trained, community-based professional mediators experienced in restorative justice and victimology as well as in working with people affected by crime and trauma. They focus on the people, moving the focus away from the punishment (i.e., the sentence and correctional plan) and toward what matters most to those involved. It gives people a tangible understanding that transformation can happen and that accountability is not just expressed but cemented between the participants. It gives them hope. Parole Officers (POs) play a very important role in the program by referring offenders. They offer valuable insight into offenders’ progress and level of motivation as well as their likelihood of making themselves available for communication with the victim(s). POs can also shed light on whether offenders express remorse/accountability and whether their reasons to participate seem sincere. If the victim initiates a request for mediation, the PO helps RO staff and mediators determine whether the offender would be suitable to participate and whether there are any concerns. Some POs have been invited to attend victim- offender mediation processes as the offender’s support person, while others have observed, provided there is agreement from all participants. While many POs have raised the potential benefits of reporting on participation in the RO victim-offender mediation process, for a truly restorative justice process to occur, they are not able to. However, many will note the behavioral changes and improvements in the offender through their independent interactions as part of their casework, independent of any reference to the offender’s participation in the program. Conclusion Participants in victim-offender mediation often note unexpected outcomes beyond the needs identified. Victims describe being heard, becoming empowered through choice, and seeing for themselves if the offender is remorseful and accountable. They describe “justice” finally being achieved. Offenders describe their participation as more difficult than serving time for the crime they perpetrated. It requires gaining insight and understanding about oneself and what was done and then having to discuss it with the person who was harmed. This deeper inter-relational understanding based on the lived experience and exchange between offender and victim strengthens the tools offenders acquire through CSC programs and services to change, remain crime free, and reintegrate into society. POs observe changes of significance that include a reduction in violent behavior and charges, an increase in motivation and level of accountability, increase in correctional plan program completion, and more successful reintegration into community. By telling their story, Heather, Adam, and Michelle feel they were able to honor Jason’s life and provide strong proof of how RJ contributes to safer communities. Through our efforts to share the work that CJI and CSC have done together over the years, we have increased understanding 43 AMERICAN PROBATION AND PAROLE ASSOCIATION INTERNATIONAL RESTORATIVE JUSTICE of a valuable way to address crime based on the human needs created when a serious wrong has been committed. Agencies in other countries have learned from our experience and implemented their own RJ programs. Author’sNote The views and opinions expressed in this article are those of the authors and may not necessarily reflect the policies and perspectives of the Correctional Service of Canada. Acknowledgement We would like to extend our gratitude to Heather, Adam, and Michelle for sharing their experience and for their contribution to this article. References Gustafson, D. L. (2018). Encountering ‘the other’: victim offender dialogue in serious crime. Ph.D. Dissertation. Faculty of Law, Leuven Institute of Criminology. Correctional Service Canada (2020) Restorative opportunities: Victim-offender mediation services 2019-2020. Correctional results report for face-to-face meetings. Ottawa, ON: Correctional Service Canada. Roberts, T. (1995). Evaluation of the Victim- Offender Mediation Program. Langley, B.C. Solicitor General Canada. Stewart, L., Sapers, J., & Wilton, G. (2013). Preliminary analysis of the impact of the Restorative Opportunities (RO) Program in CSC (Research Snippet, RS 13-06). Ottawa, ON: Correctional Service Canada. Stewart, L. et al. (2018). The impact of offenders’ participation in victim offender mediation sessions on recidivism of serious offenders”. International Journal of Offender Therapy and Comparative Criminology. 62(12), 3910-392744 PERSPECTIVES VOLUME 45, NUMBER 2 INTERNATIONAL RESTORATIVE JUSTICE 20 YEARS OF THE PROBATION AND MEDIATION SERVICE IN THE CZECH REPUBLIC BY ANDREA MATOUŠKOVÁ, MIROSLAVA JAKEŠOVÁ45 AMERICAN PROBATION AND PAROLE ASSOCIATION INTERNATIONAL RESTORATIVE JUSTICE History The Probation and Mediation Service of the Czech Republic1 is quite a young organization compared to those in other European countries. Historical developments in the 20th century, especially the Second World War and the communist government which came to power in 1948, made the way for establishing the very first Czech probation service more challenging. Nearly 50 years of relative isolation from the surrounding world provided the country little opportunity to develop institutions which could truly serve the public interest and function responsibly and effectively in fulfilling democratically accepted mandates for governance. The Probation and Mediation Service was established in direct connection with sweeping systematic changes in the country’s criminal law, criminal policy, and criminal judiciary. These systematic changes of the criminal justice system involved not only the reform of criminal law from its previous totalitarian- based, repressive character but also a reform of the repressive prison service system and the introduction of new, innovative methods of punishing and correcting offenders. The reforms made in criminal law were characterized by introducing new alternative sentences and measures. Emphasis was placed on elements of crime prevention, including mentoring and a more educational approach in connection with the correction of offenders. Another major focus was reducing the number of people held in overcrowded prisons—a need that attracted great interest— 1 For the purpose of this article we use the Probation and Mediation Service or the Service. but increased attention was also paid to impacts on crime victims and means of providing assistance to them. Experts started to discuss the introduction of alternative methods of criminal conflict resolution. The various reform measures were accompanied by an increased awareness and shift of perspective on the part of those working in various fields, such as academia, non-governmental organizations, and the judicary, as well as society in general. Added to this was considerable knowledge gained by studying international trends and practices, and the end result was a decision that the Czech Republic could not do without an unified national institution to oversee and effectively address these emerging criminal justice challenges. As in many democratic countries in Europe and other parts of the world, a new entity was established for this purpose–the Probation and Mediation Service, which was officially created by the Act on Probation and Mediation in 2000 (Act No. 257). The concept and form of the Act were notably influenced by restorative justice programs in other countries, and the Service was established with the vision of achieving enhanced effectiveness by placing all elements of probation and mediation services under one umbrella. The Probation and Mediation Service The Service commenced operations on January 1, 2001. With an initial staff of fewer than 100 people, it started working in 74 service centers spread across the Czech Republic. The Service deals with the securing of a practical execution of alternative sentences and measures. It leads the accused and offenders to not violate the law again and to attempt to make important changes 46 PERSPECTIVES VOLUME 45, NUMBER 2 INTERNATIONAL RESTORATIVE JUSTICE in their lives. It also helps crime victims in the process of recovering and getting back their lives. A strong argument can be made that it is the Service which in great part protects society against crime and its repetition. The trained probation officers and assistants in the Service serve as mentors, inspectors, and guides who lead offenders to responsibility and a more positive way of life. They also help and attend to the needs of crime victims, work to address criminal conflicts, and create and develop small and large networks of cooperation involving offenders, victims, the judiciary, the local community, non-governmental organizations, and other specialists. The results achieved in the last 20 years certainly validate the initial concept that effectiveness would be enhanced by working under one umbrella. From the very beginning, the Service has been able to perform to a high standard in carrying out both probation and mediation activities. Mediation activities primarily include victim-offender mediation and other activities that may settle conflicts that would otherwise instigate a prosecution. The probation activities include the preparation, execution, and supervision of alternative sentences and such measures as community service, parole with probation supervision, suspended sentence with probation supervision, house arrest, or prohibition to enter sports, cultural and social events. The Service also carries out probation and mediation activities mandated under the Youth Justice Act of 2003 (Act, 2003). The Probation and Mediation Service works within all stages of criminal proceedings. However, most of its activities are carried out in the pre- trial stage. These include mediation activities that create conditions for the possibility of application of diversions in prosecution via the the victim-offender mediation program. Probation activities create the conditions for imposing alternative sentences and measures, (particularly community service and house arrest) and ensuring that probation supervision replaces custody. The enforcement stage includes probation activities such as supervision over people with suspended sentences and people released on parole, including offenders who have committed serious crimes. TwentyYearsLater Today, the Probation and Mediation Service is a well-established and smoothly operating institution that in 20 years of operation has built up its position to the point where it has a good reputation among judges, public prosecutors, police officers, local governments, public institutions, the non- governmental sector, and other specialists. Last but not least, it also has garnered positive attention from abroad, as evidenced by a number of international activities and projects. As mentioned earlier, the Service started off with less than 100 employees, mostly probation officers and assistants, but it has now grown to having nearly 600 employees that include victim counsellors and project staff. Over the years, the Service successfully completed numerous projects. Within the last eight years these have included included Why me? I and II2 projects focused on providing help to crime victims, the On the Right Path I and II3 projects aimed at combating juvenile deliquency and setting up Youth 2 Probation and Mediation Service. Why me? II. 3 Probation and Mediation Service. On the Right Path II. 47 AMERICAN PROBATION AND PAROLE ASSOCIATION INTERNATIONAL RESTORATIVE JUSTICE Teams, and Fragile Chance I and II4.projects that implemented and/or expanded existing practices of Parole Boards and introduced new restorative programs. One of the newest restorative programs is You Matter Too,5 whose main objective is to raise offenders´ responsibility for unlawful behavior, increase their ability to empathize with crime victims, strengthen perspectives on their criminal behavior, help them understand risk factors related to this behavior, and, eventually, raise awareness about their inner protective areas (or mechanisms) in a way that helps prevent them from reoffending. This particular program came into existence after completion of the Fragile Chance II standardized program offered in Czech prisons. The Probation and Mediation Service adapted that program for implementation outside the prison environment and will offer it in newly established Program Centers from 2021 on. A second program introduced within Fragile Chance II is called Development of Restorative Practice. This program has been implemented in six regions, and its main objectives are to support communication and cooperation between prisons, local probation centers, local NGOs, state social services, etc.; to cover missing programs that could help offenders to reintegrate effectively; to increase awareness of restorative justice principles focusing on prison staff, external experts, and community; and to implement those principles in new programs. Since 2017, there have been many activities and small projects initiated by the program, including (1) a series of seminars and workshops conducted by probation and prison specialists in cooperation with public places such 4 Probation and Mediation Service. Fragile Chance II. 5 Vnímám i Tebe as libraries or universities in order to bring the idea of restorative practice potential to experts and laymen, (2) new programs for offenders and their families (including Father’s Day program, family circles, and workships for offenders‘ families to discuss life in prison), (3) programs for offenders aimed at increasing empathy and the understanding of victims´ needs and impacts of a crime (including workshops with victim specialists), and (4) programs for supporting offenders motivated to “do something” for others such as building a new guest room for children visiting their mothers in prison or cleaning public areas. The beginning of 2021 meant start-ups in four regions for a project called Back to Life. Under the auspices of this project, new Program Centers in these regions started operating and will offer various programs aimed at juveniles, young adults, and adult offenders. In addition, the very first Probation House in the Czech Republic for offenders condionally released from prison with probation supervision will open in 2022.6 Planning for the future has not been neglected. In 2017, a long-term strategic document was developed and adopted by the Czech government to guide the Service.7 Called “Probation and Mediation Development Concept until 2025,” it focuses on some key areas for further development in probation and mediation activities in the Czech Republic. This blueprint provides a vision and concrete steps for advancing probation and mediation in criminal matters in the next eight years through the progressive fulfillment of strategic goals. 6 Probation and Mediation Service. Back to Life. 7 Probation and Mediation Service. Probation and Mediation Development Concept until 2025. 48 PERSPECTIVES VOLUME 45, NUMBER 2 INTERNATIONAL RESTORATIVE JUSTICE Mediation Every work day, mediation meetings are commencing all over the Czech Republic. Even though the COVID-19 pandemic caused the number to temporarily drop,8 mediations are still one of the core activities provided by the Service, and victim-offender mediation is the most common and most applied restorative justice program. Most often the mediation process takes place in the pre-trial stage, but mediations in the enforcement stage are not unusual. Mediation in prosecution is considered to be a tried, tested, and functional method to arrive at an alternative solution for an offense— an alternative, that is, to traditional criminal prosection. Mediation allows a criminal case to be handled in an informal way outside the courtroom. The mediation process is regulated by the Act on Probation and9 and the Criminal Procedure Code10. which authorize public prosecutors and judges to terminate or suspend prosecution if a successful mediation has occurred. In most cases, this is done through so- called diversions. In mediations, everything is managed and coordinated by mediation specialists—specially trained probation staff members. In accordance with Section 7, Article 5, of the Act on Probation and Mediation, “The officer of the Probation and Mediation Service may not execute in the same 8 In 2020, the Probation and Mediation Service carried out 471 mediations, a nearly 38% decrease from the 768 mediations carried out in 2019. 9 Probation and Mediation Service. Act on Probation and Mediation 10 Zákony pro lidi, Zákon č. 141/1961 Sb. Zákon o trestním řízení soudním (trestní řád) case the tasks of probation and mediation. “ Thus, if an offender and victim are interested in undergoing mediation, a mediation specialist who is a different probation officer than the one handling the enforcement of probation must arrange the mediation to guarantee the impartiality of the mediator. The victim-offender mediation process requires detailed preparation, including knowledge of the case, orientation in the prosecution, and knowledge of principles of damage compensation. Of note, • The probation officer (in this case mediation specialist) needs to be trained on how to manage the mediation process safely so that the victim will be protected and the mediation contributes to the settlement of conflicts and, if applicable, to a quick settlement of caused damage. • Mediations are generally concluded by an agreed-upon and well planned meeting between the victim and offender—or their close relatives and supporters, if appropriate. • The mediation specialist evaluates possible risks that may result from negative reactions of the victim on meeting with the offender. In this context, the officer should, in advance or in cooperation with the victim, assess the nature of the conflict and take into account the nature of the damage suffered by the victim. It is highly important to us that the victim not be exposed to any traumatic experience or secondary victimization. The Service can begin mediation-related activities upon a request from an offender, victim, public prosecutor, court, social and legal protection 49 AMERICAN PROBATION AND PAROLE ASSOCIATION INTERNATIONAL RESTORATIVE JUSTICE of children authority, cooperating persons, or institutions. The Service itself may also initiate mediation activities–usually based upon the information provided upon the commencement of a criminal prosecution, as obtained from the police. The police inform both the accused and victims about the possibility of cooperating with the Service. In cases where the offender is an adult, the police inform the Service about select cases where the involvement of the Service is deemed appropriate. In cases involving a juvenile prosecution, the police are to inform the Service about all cases of criminal prosecution. This requirement is set forth in the Probation and Mediation Act, which says: …in suitable cases in the realm of mediation also without an assignment mainly on request from the side of the offender and the victim. In such cases they immediately notify the respective body involved in a criminal proceeding, which can decide that the matter should not be mediated, and mediation will further not be pursued. The Penal Act and the Criminal Procedure Code do not stipulate any limits for the commencement of mediation activities, but the Service imposes an obligation to inform a relevant public prosecutor about the fact that it is beginning involvement in a particular case. If the mediation might interfere with the investigation process, the Service cannot pursue it. The Service predominantly focuses on criminal cases where interpersonal relations were disrupted (cases where both the offender and the victim have previously known each other because they are, for example, neighbors, friends, or family members) or where the victim was physically hurt (crimes of negligence and deliberate crimes). The Service mostly conducts mediations in the pre- trial stage, but it may become involved in the trial and/or enforcement stages as well. In the pre-trial, stage, it is up to the victim and offender whether they take part in the mediation or not. The mediation process is most often pursued in cases of criminal negligence (more than 40% of cases), vandalism (21%), and robbery and bodily harm (9%). Over the 20 years the Service has been in operation, mediation has become a common and significant practice. Service staff carry out direct mediation, but also intermediate possibilities of the application of diversions in the prosecution indirectly between the parties (the victim does not meet the offender), offer and provide an individual support and assistance to crime victims. This activity saves the courts work, in turn freeing them up to deal with more serious and complex cases. The mediation activities carried out by the Service are appreciated not only by judges, public prosecutors, and police officers, but also by victims and offenders. CrimeVictims Since its foundation, the Probation and Mediation Service has come a long way in its approach to crime victims. The original concept proposed by law assumed that the Service should deal with offenders as well as victims, and not only within the mediation process. According to restorative justice principles, the correction and reparation of an offence by the offender is simply not complete as long as the situation of the crime victim is omitted. At the beginning, it was not easy to get the victims involved. The traditional conservative approach Next >