Community Juvenile Arbitration Program

 

OVERVIEW

The Community Juvenile Arbitration Program is a community-based diversion program for first-time juvenile offenders charged with committing a nonviolent crime.  These youths are diverted from the juvenile justice system to an arbitration hearing conducted in or near the juveniles' communities.  Trained volunteer arbitrators conduct the hearings and monitor the juveniles' progress throughout the program, which operates out of 14 solicitor's offices in 13 of the 16 judicial circuits in South Carolina. 

The three goals of the Juvenile Arbitration Program are:

• To hold juvenile offenders accountable for their crimes and for the harm they cause their victims.
• To increase the competency and learning of juvenile offenders so they can become productive citizens.
• To ensure public safety by strengthening a community's capacity to prevent and control crime.

Because volunteers from the juveniles' communities are involved, the arbitration program is an excellent example of balanced and restorative justice.  The citizen volunteers develop commonsense solutions to divert at-risk youths from the juvenile justice system.

PROGRAM BASICS

Participants in the arbitration process include a trained citizen volunteer, the juvenile offender and his or her parent(s)/guardian, the crime victim, and the arresting officer.  The juvenile's participation is voluntary and requires an admission of facts and guilt.  After determining the facts of the case, the arbitrator decides the appropriate actions the juvenile must take to restore justice to his or her victim(s).  These actions may include:

• Making monetary restitution
• Performing community service
• Making a charitable donation
• Attending educational programs
• participating in counseling
• Writing topical essays
• Apologizing to the victim(s)
• Attending substance abuse seminars
• Visiting correctional institutions or making other appropriate field trips
• Participating in victim impact classes

Successful completion of the arbitration program enables the juvenile to make amends for his or her crime and avoid formal prosecution in Family Court.  If the juvenile does not successfully complete the program, he or she is referred to Family Court for prosecution.

The Juvenile Arbitration Program does not accept violent offenders, previous diversion program participants, or truants and other status offenders.

PROGRAM SUCCESS

The Juvenile Arbitration Program has experienced much success across South Carolina, as demonstrated by the following recent statistics:

• 91% overall success rate of juvenile participants (only 9% of juveniles reoffending after completing the program)
• 4,204 juveniles referred
• 34,361 hours of community service work completed by juveniles
• 544 community work sites developed
• 596 community volunteers (arbitrators)
• $42,741 was ordered for victim reparations

PROGRAM VOLUNTEERS

The success of the Juvenile Arbitration Program depends on community participation and volunteerism.  The volunteer arbitrators come from all walks of life, and are the heart and soul of the program.  Each volunteer arbitrator must be:

• Screened by the South Carolina Law Enforcement Division, the South Carolina Department of Transportation, and the South Carolina Department of Social Services.
• Approved by the Solicitor's Office
• Trained for 21 hours through one of 13 participating solicitor's offices.  The arbitrator must also receive 9 hours of follow-up training for each consecutive year of service.
• 21 years old and a high school graduate

PROGRAM HISTORY

Modeled after a similar program in Florida, the Juvenile Arbitration Program in South Carolina began when Lexington County Solicitor Donald V. Myers initiated it in the 11th Judicial Circuit in 1983.  This circuit includes Lexington, Saluda, Edgefield, and McCormick counties.

After learning of the success of the program in the 11th circuit, other South Carolina solicitors and family court judges wanted the Juvenile Arbitration Program implemented in their circuits.  The 2nd Judicial Circuit, covering Aiken, Bamberg, and Barnwell counties, became the next circuit to offer the program.

Today, juvenile arbitration operates in 13 circuits, covering 39 counties.

DJJ has supported the Juvenile Arbitration Program since its inception.  The agency has been and continues to be the pass-through funding agency that distributes grant monies and appropriated funds to judicial circuits through contracts with solicitors.  In addition, DJJ provides training and technical assistance to staff in the solicitors' offices and monitors the progress of the program in each circuit.