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HomeMy WebLinkAbout18-Mayor's Office .. .. From: W. R. "Bob" Holcomb, Mayor , . CIT()OF SAN BERNARDIO - REQUEO' FOR COUNCIL ACON REC'D -ADMIN. Otf. . , Subject: Pilot Neighborhood Justice Center 1985 FES 21 AM 91 cst and Muscott. Dept: Date: 2/20/85 Synopsis of Previous Council action: At the September 17, 1985 Council Meeting, the pilot neighborhood justice center was discussed and approved in principle with an estimated annual fundin9 of $20,000 from the County and $20,000 from the City. Recommended motion: Approve the funding and the pilot program from Police Salary Savings for the remainder of this fiscal year and place in the Police Budget next fiscal year (FY85/86) Contact parson: W. R. "Bob" Holcomb Phone: 5051 Supporting data attached: yes FUNDING REQUIREMENTS: Amount: $20,000 Ward: Sauroe: Police Budget FY 85, $5,000 ~ / ~Y-8b, ~I~,OOO Finance: .p3L-__ C J::... ~ Council Notes: II.nann~ I'a~ M^ N:- 1'11'1 . I' , , . . Ci8...M SAN BIRNARDIIo - REQUQT FOR COUNCIL AcOIoN STAFF REPORT Proposed action to establish a pilot Neighborhood Justice Center at 10th and Muscott. As an adjunct to our community-based policing projects. I would recommend the establishment of a pilot Heighborhood Justice Center at 10th and ~~scotto This center would operate in a manner similar to other centers that I have visited in Houston, Texas and would provide neighborhood input on minor criminal matters that could best be resolved in the neighborhood, rather than in our overcrowded courts and judicial systemo I have discussed the matter with both toe County Probation Office and the pre- siding judge of the Juvenile Court. They both feel that the concept has merit. Supervi sor Hammock has indicated that he would ask the Board of Supervisors for half of the operational costs. M 11.1 I ..1. ~. I J . . PR~ATION DEPARTMENT 0 ,.............. --~ -..; JERRY D. HILL Chi.' County I'rohrion Offk:., -.. ~ .i. . A ~ ."' --~'':: : "-'- . ~ O .",','. .' -". ,.. ;::.:" '.. . County of Sin Bernardino ~l.. ..' . ".c.. -,. r..- ~ ..... '. . 0,,-.. , , ~ . ::.;...-::..: --- --...:......,......,.~.. -.-.-........-.........,-..........--- -- o ~ - . - . . ., ...~ .;.. .,4.,- ',; /'! ;;' ...,..-, Ii1I 176 WOIt Filth Stroot Son Bornordino. CA 92416.0460 CLAUDE T. MANGRUM Aui.r.nr Chief Counry I'rob.tion Officer February 4, 1985 o 236 Eolt MI. Viow Borltow. CA 92311 o 13260 Control Avonuo Chino. CA 91710 o 17780 Arrow 8oulovord Fontono. CA 92336 o 1020 WOlt Sixth Stroot Ontorio. CA 91762 o 14466 Civic Drivo Victorvill" CA 92392 The Honorable W. R. "Bob" Holcomb Mayor, City of San Bernardino 300 North "D" Street San Bernardino, CA 92401 Dear Mayor Holcomb: In reI Neighborhood Mediation Center This department, in cooperation with Councilman Daniel Frazier, Chief Gonzales and City staff, has completed the work necessary to implement the Neighborhood Mediation Center. The proposal has been written, a copy of which is attached for your review. To begin the program, it is necessary for the City to officially approve the project and provide the funding previously agreed upon. The approval or the City Council and the advancement or the city's portion of the program funding should be forwarded to the Probation Department. Sincerely, Cel Judge Morris Supervisor Hammock Councilman Frazier Chief Gonzales "CO I I , r..... ;s" \-- ,--_. -. '-1..(,. 'r. 0''>/ "'r " ";'" ,....,. liT: (: 'V ~. n..u.. ..i) \.9 -=.-i FEa 512351J'- S:\ M.,Y(.lTS OFFICE TO c,;} 01 San Bernardino !//;~~~~ JDH:sp .., ~ . 00' PROBATION DEPARTMENT 0 . ~ ,. ~... "" ~ ____ _...____........-..:~ ~. .-...- . .~w......:...o.... o . 0 ,0 ","I .,,;....0, t... ;:;....:".. . County of San Bernerdino - .....IJi""-_ F'~;-: - ''-' ....::..;. ~:: ","-'t. I~Y-.; ~(".'.4 January 25, 1985 .,~ ,"f.", lJ 176 Wost Fifth Stroot .~, ";,, :... Sin Bernardino. CA 9241&.0460 -,.1..1.. w 0 235 Elst Mt. View Bor.,ow, CA 9231 I 0 1326D Control Avonuo Chino, CA 91710 0 17790 Arrow Boulovord Fontono, CA 92335 0 1020 Wo.t Sixth 5t,oot Onto,io, CA 91762 0 14455 Civic Drive Victorvill., CA 92392 JE RRY O. HI LL Chief County "'o"',;on Officer CLAUDE T. MANGRUM Au;".", Chief County P,oINIrion Offiur Honorable W. Ro .Bob. Holcomb Ci tyHall 3DO North .D. Street San Bernardino, CA 9241B Dear Mayor Holcomb: I am pleased to forward to you our final program proposal for the Neighborhood Mediation Center. This project overview is designed to present our program goals. objectives and a general operational format. Although, much more specific than the rough draft presented to you last November, this overview will allow for the needed program flexibility to further tailor the program to the needs of the neighborhood it will serve. As a member of the Advisory Board, your continued guidance and assure the success of this innovative and significant project. of this overview and comments as to any areas of concern would appreciated 0 support will Your review be greatly I support 0 Officer WAK:fld rj~~ ~f(rp' '>. '<:~. ~ (.(""'(.:.) \,." V JAN 2C -:,'c- 1..,/.. M,,) i..'j~'S Or;'~E ~::\ ell) oj ~an e"ttllrJJ . ..... ,/' no. ':', /, A',. :'l''!?--r- . \. ), ~\ ".i \ \~ ",., H . . 0" , o o o ~ NEIGHBORHOOD MEDIATION CENTER Project Overview Neighborhood Justice Center There exists in the community of San Bernardino, as in any city of sizeable population, a large body of conflicts and problems between community residents which are neither resolvable by the residents themselves nor appropriately dealt with by the civil or criminal justice systems. These conflicts include, but are not limited to, domestic disputes, landlord/tenant conflicts. student/ teacher conflicts, arguments between neighbors over various incidents or situations, employee/employer disagreements and certain forms of harassment. While some of these situations may involve violation of local ordinances or even minor penal code violations. they are of a nature not significant to the Justice System. Nevertheless, they are a source of stress for the parties involved and for the community as a whole. Continuing unresolved. these conflicts tend to deteriorate the social bonds of the community and can lead to invidual incidents of violence or long-term damage to a neighborhood's esteem and cohesiono I Historically, many of these interpersonal disputes occurring in communities were settled within the extended family by religious figures or by an informal community leadership structure. The declining influence of these institutions has been a factor leading to the emergence of the Courts as the central institution for dispute resolution. The adversarial process often neglects to consider the complexities of interpersonal conflicts. addressing only guilt or innocence, .winner- or -loser-. Our present system can do little to provide guidance, instruct or model. An innovative adjunct of the justice system offers a solution to many of these problems. To that end the San Bernardino Probation Department is engaged in the development and implementation of a Community Mediation Centero The center which is scheduled to operate for twelve months as a pilot, demonstration project is a cooperative venture of the County and City of San Bernardino. Although new to the San Bernardino area, the mediation concept has been in existence for approximately fifteen years through the United Stateso '''' '"', . 0" Page Two o o o During a visit to Houston, Texas in 1984, San Bernardino Mayor Bob Holcomb was impressed with the success of a conflict resolution project in that city. The Mayor returned to San Bernardino with an interest in establishing a similar project in his home cityo Initial meetings revealed a broad base of interest and support from key individuals and agencies. These included, Presiding Judge of the Juvenile Court, patrict Morris, City Councilman, Dan Frazier, County Supervisor, Robert Hammock, Police Chief, Ben Gonzales and Chief Probation Officer, Jerry Hill. Subsequent meetings further broadened the base of support and led to the development of the project's advisory board. The model chosen for this project is unique in several ways. The most impressive is the fact that so many agencies have agreed to cooperate in a joint venture for the good of the community. Granted, not all legal matters can or should be handled through mediation or alternative methods of conflict resolutiono Nonetheless, most minor neighborhood conflicts can be mediated without the need for Court or coercive action. Juvenile cases are an exampleo The project will primarily address the problems of juveniles within the target area, but will also include some minor adult offenders and domestic disputeso The goal is to investigate the effectiveness of conflict resolution as an alternative to more formal methods of processing complaints 0 This limitation in scope is necessary to assure reasonable success during the .developmental stageso The neighborhood is where the responsibility for conflict resolution should first fall. Following in the shadow of success demonstrated by the San Bernardino Police Department's Community Service Bureau, a project will be located at 1650 10th Street, San Bernardino 0 This location offers a central location in a neighborhood that contains the resources necessary for the success of such a community oriented programo Guidance for the program will be offered by a project advisory board (composed of community and government leaders) and by an experienced probation officer acting as project director. Program Goals: 16 To introduce mediation as an alternative to traditional, sometimes inappropriate methods of resolving conf licts. , . ~ge Three o o o 2. To interface with and involve the community in the mediation process. 3. To provide mediation skills training to community volunteers. 4. To encourage use of voluntary mediation methods by the community. 5. To act as a resource referral center. Types of Disputes: For the present juvenile and minor, adult or domestic cases, will be accepted for mediation. The following recommendation will govern, 1) The general types of disputes considered appropriate for mediation, 2) whether a dispute is mediatable, 3) disputes to be excluded. I. Disputes Appropriate for Mediation: 10 Neighborhood disputes involving at least one juvenile. 2. Minor criminal acts of adult offenders,ioe. shoplifting, vandalism, harassment, trespassing, simple battery/assault. 3. Recovery of money and propertyo 40 Family disputes (especially parent/child). II. Criteria for Determining Whether Dispute is Hediatable The following criteria will be used to determine whether a particular dispute is mediatable and should be accepted by the center: 1. The parties have a stake in resolving the mattero 20 The parties share some degreee of responsibility for the conflict. 3. Options exist for resolving the situation, ioeo a dispute exists and there is room for compromise. , 40 There is a likelihood that both parties will consent to participation in med~ation. 50 There is a presumption that cases involving the potential for serious violence are not mediatable. 6. Disputes with minor, if other criteria are met are media table in the absence of parental objection. Parents will routinely be advised in all cases. However, in no case will the Center provide services to a child below the age of fourteen (14) without parental participationo 70 Parties must have had an ongoing relationship prior to the dispute, e.g. neighbors, friends, relatives. "'" . ~~e Four o o o III. Cases Which Will be Excluded. 1. Disputes involving s~rious violence or potential for serious violence. 2. Apparent psychotic or emotionally disturbed behavior on the part of either part Yo 30 Severe imbalance of power between parties. 4. Disputes involving child or spousal abuse, sexual molestation, substance abuse or disputes involving the use of weapons as a main issue. 50 Questionable voluntary participation of any party. 6. Apparent abuse of the services of the Center. 7. Chronic delinquent behavior which is not amenable to mediation. Bo Disputes outside of the target area. 9. Amounts of restitution which are high, unless parties have the means or agree to alternative methods of payment. e.g. work for victim if agreeable. IV. Dispute Resolution Service The choice of resolution method will be mediationo Mediation provides for the parties to meet face to face with a mediator to work out a mutually acceptable solution to their problem. The mediator leads the disputants, but does not recommend nor interfere in the decision process. The aim of the mediator is to help persons learn a more acceptable method of resolving problems. A. Mediators Mediation sessions will be conducted by the Project Director and at least one member of the community 0 It is anticipated that not more than three mediators, as a panel, will mediate sessions. Volunteers will be recruited from the target area. All volunteers will be referred to the Probation Department's VIP Program for briefing on the project and overall mission of the Probation Department 0 Community agencies, groups, and individuals will be encouraged to recommend volunteers. Applications can be obtained from the Project Director. Desirable qualifications for volunteers are listed below: .' O. Page Five o o o 1. Applicants must live within the target areao 20 Must express a willingness to undertake a diU icult task without monetary compensation. 3. Persons with prior volunteer experience working with juveniles or in mediation are encouraged to apply. 4. Fluency in Spanish is desirable. 50 Degreed persons are encouraged to apply. 60 Applicant must have good verbal skills. B. Training Mediators will participate in at least ten (10) hpurs of mediation skills training prior to leading a mediation sessiono Additional training will be provided through direct supervision by the Project Director. C. Training Content 1. Overview of Neighborhood Mediation Center concept. 2. Meaning of mediation serviceso a. Methods b. Differences. 30 Listening and interviewing skillso 4. Role-play. modeling methods 0 5. Reflective counseling skillso 6. Steps to mediationo ao Setting stageo b. Defining issueso , c. Processing issues. do Resolving the issues. v. Policy Development Procedures and policies will be routinely reviewed by the Project Directoro Daily procedures will be modified as needed by the director: however, substan- tive policies and procedures deviating from the scope and purpose of the center will be discussed with Probation Administration prior to modification or deletion of any part of this document 0 The Advisory Board will also be consulted for guidance and advice prior to any changes in policyo , I O. Page Six o o o VIo Referral Source Referrals primarily will be accepted from the Police and Probation Departments. Disputants must be identified as residing within the target area. The target area is limited to the boundaries of the Muscott Community Service Area (see Appendix A). Referrals may be made in one of three ways: 1. Application for Petition if criteria is met (see criteria listing)o 2. Referral without Application for Petition by Probation or San Bernardino Police Departmento 30 Referral from the Office of the District Attorneyo 4. Community agency or self-referral. VII. Intake Procedure: Ao Law enforcement/District Attorney/Probation CST referral. 10 Application for Petition: ao Project Director receives case, records entry date. b. Record check determines if case is acceptable. co Both parents must agree to participate at intake. do Parties sign agreement to voluntarily participate, cooperate in mediation. 2. No Application for Petition: a. Same as above, except no record check. b. SBPD/CST explain program, hand out brochure. refer to mediation center. Co No factual basis for petition, but concern for defusing of tension, etco Both disputants must agree to mediateo 30 Agency/Self-Referral: ao Intake screening by Project Directoro (See II above - Criteria) bo Both parties must agree to mediateo c. Mediation session scheduled. do Mediation agreement signedo e. Follow-up. f. Case closedo .' r' ~~ Seven o o 40 Referral Accepted: a. Disputants advised of terms of mediotiono b. Mediation is scheduled. c. Mediation agreement signed by disputants. do Follow-up by Center. e. Follow-up sessions if neededo f. Close case if all parties agree or if solution not foundo 5. Referral Rejected: a. Psychotic/homicidal or emotionally disturbed party. b. Obvious repeated misuse of Center by one of disputantso c. One or both disputants refuse mediationo d. Application for Petition returned to CST/SBPO without action. e. Case closed. VIIIo Overview of Case Processing A. Referral 1. A dispute for mediation or an inquiry is submitted to the staff of the mediation Center. 20 Intake information is taken by phone or in person. A determination is made whether a dispute exists and is mediatableo 3. Each person involved is interviewed by phone or in person. 40 Mediation time and place are set up. 5. A letter or brochure is sent to all partieso 6. Mediator(s) are assigned and briefed on the case by the staffo 7. Mediators receive mediation session materials. 80 Mediation session is heldo 9. Mediators debrief, evaluate session. 10. Mediators return folder and agreement to Project Director. 80 Follow-Up 11. Staff follows up by phone (usually after 2-6 weeks)o 12. Additional sessions are arranged, if needed. 13. A permanent record of the referral and agreement is filed. o , I' . O~'ge Eight o o o IX. Role and Composition of the Advisory Board Ao The Advisory Board serves to provide valuable support and guidance for the project. It is a dynamic group that actively reviews and evaluates program design and producto From the Advisory Board will come necessary community resources and leadershipo The Advisory Board will assist in modifying the project. as necessary through its developmental period to tailor the program to best serve the interests of the community. B. Prospective members of the Advisory Board will be named by County and City Administration. The Board will consist of individuals who represent both the interest of local government and the community. (See Appendix B) C. The Advisory Board will meet at least quarterly to review program progress and concerns. X. Program Evaluation: A. The nature of this program dictates that evaluation will be primarily qualitative in nature. B. Records will be kept of all cases reviewed by the mediation center. C. Follow-up contacts will help establish the level of user satisfaction and program effectiveness. D. Areas of interest in evaluation of the program are: 10 Total number of referrals. ao Number of rejections and reasons for rejection. bo Number of cases successfully mediated. co Number of cases failing to resolve through mediation and reasons for failure. 2. Number of cases finding long term (six-months or more) resolution through mediationo 30 User satisfaction with the programo 4. Agency satisfaction with the Program as a resource. 50 Other information as may be deemed' signif icant to overall Program evaluation. . 00 Self Case Closed QJI:,TIO;l CC:lTEfl 0 FlolI Chart Rcft:rral Sclf/Agcncy (Li\\"I CnforcCI~ent) , I IIntakc I' o A!Jency La\"l Cnforcement I. J Case Closed Returned to Agency/Law Enforcement I 1.lediation SCheduled ;'10 A~reement I -' I I Ir.eturn to Lilli I ,'1gcncv :Case Closed I Enforcemcnt Agreement lcase Closedl Folloll-up 1st lJeel: Fcllo\./-uP 8th l~eek I J Case Closed "0 Ilediation , o Organization City of San Bernardino City of San Bernardino Superior Court San Bernardino P.D. San Bernardino County J.JoD.P. Housing Authority Home of Neighboring Service . Sickle Cell Organization San Bernardino County Probe o o o APPEllDIX ADVISORY BOARD ~ ~ Wo R. Holcomb ElIrnie Wilson 383-5051 383-5004 Dan Fraz ier 383-5378 Hon. Patrick J. Morris 3B3-Z374 Ben Gonzales Larry Richards 383-5011 3B3-5011 Supv. Robert Hammock Lou Reed 3B3-26l3 383-2613 Harry Carson 382-3580 Al Harkins W. A. McCullough Etha Johnson BB4-l811 884-1811 8B4-36l0 Andrew Scott 885-3491 Carl Irby 684-0420 Jerry D. Hill 383-1593 II. ,. o. o o o ..=;,..J r-' -.-' .:I'-~ ~:'~~7'-'~!Vlll~'~'''':::::: t":; A/;{fi t' 0 -. :. 'rr\ ".... =:,. ...o(,,",Nn~ N IJN 1"-1- 11';",_ ... (' _ \1....11 ... "::'"7 1\ , ~ t:: :- ., 1\' :. :...... ... - :.:1 n , ~ ~;. ,,/ :.. ~ -:::.:- 0 I~ \1.,)4 c:t ~I % \1111" ; ,~/ f fi\ Ar _ i :: .. 1\" ",n, ~ t; J) >>'t oft ~ ..' ,1I.n I...... .t ... J-I 1\ I" ~...('/ f. ~ 111:'.'\[- ~. ,I ,.: flV~UI^: I)~ ~ 1 .-!". ~.' ..\, 1\:' 5 ~ ~ '::8 ~ ; ... : ~ ; }; ,:.~' ~... ... n :: ":! ~ ;t... ~ , r ; of. :. ,:.. .....Jrl....~' ~ Q., ...:;. ^~ l' IN''I'~ I':. ~ ~ IJN .". .:s ~. kr". --: ,...." :'~..,: ~ :n?- ~ N';':'~"';~ -;:;:.~ ~ ~,~lJ~~.~ i.,' -ivl ''''''''I:r : ~ ,;;: ~ ~ ^' Nb,....... :;: ~ N ,. '"" ~ ./~,'fY / , ,: ~ ~ ~ 0)" ^' :;: ~f'.,. 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[;.'L"T-.-;--.,'~-a;:orifPO/OC . i-i\..': .~ i:;:" - ~ tI --'. -- - - -~ '" ct,l.. . ...Cl ' - V . ... ~ .! V ~ I 0.. :7.")' . ~ 2 ~ N.' u ! - i I .... ,.".-. .,. :;) i"'lI!;' . :-. .... . '. _ '. ~ _ __ ~ I Nil'''' ~ G.n.."" I: 'I -" - \/'tli'h"o\i ,.~::: t " . o 0 PROBATION DEPARTMENT o o County 01 San Bernardino JERRY 0 HILL Chief COUntl' !>roba"ofl Off,ut ~ 175 Wes1 Fif1h Street San Bt'Hlardmo. CA 9241~ 0460 CLAlJOE T MANGRUM AsslSt."t Chi,., County Probllfion Officer Ll 235 Eest Ml View Barstow, CA 92311 [': 13260 Central Avenue Chino. CA 91710 o 17780 Arrow BoulevBrd Fontana, CA 92335 o 1020 West Sixth Street Ontario. CA 91762 o 14455 Civic Drive Victorville. CA 92392 . December 3, 1984 Ben Gonzales Chief of Police City of San Bernardino 466 W. 4th Street San Bernardino, CA 92401 Dear Ben: Purusant to the agreement between this department and your city concerning a pilot Neighborhood Justice Center at 10th and Muscott, funds within the Probation Department have been designated to cover the County's $20,000 portion of the estimated $40,000 annual cost. SinCerelY'~ J C D. ill County Probation Officer JDH/PJL/js cc: James Judge Koontz / Morris ~6-\ .~- ;' \,., , . \ . . /. /, .' t., . "-" . i.U '<, .......:)~ 10~ E f,14/'OR'S' ._~.( o?l'" c. ~... . OFFICi: ,'> D..", .... 'J ~. ~\:. ,'/;'.~~'