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Implementing restorative practices in (Dutch) probation: Organizational Aspects Anneke van Hoek Co-founder Restorative Justice Nederland CEP Conference Prague, 24 September 2015

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Page 1: Implementing restorative practices in (Dutch) probation: Organizational Aspects Anneke van Hoek Co-founder Restorative Justice Nederland CEP Conference

Implementing restorative practices in (Dutch) probation:

Organizational Aspects

Anneke van HoekCo-founder Restorative Justice Nederland

CEP ConferencePrague, 24 September 2015

Page 2: Implementing restorative practices in (Dutch) probation: Organizational Aspects Anneke van Hoek Co-founder Restorative Justice Nederland CEP Conference

Restorative practices

• Are seen as part of victim oriented practices• Restorative practices entail more than

(referring to) Victim Offender Mediation or other forms of mediation or conferencing

• It also includes working on victim awareness, stimulating offenders to take responsibility, repair the harm, make excuses, handle (new) conflicts in a restorative way etc.

Page 3: Implementing restorative practices in (Dutch) probation: Organizational Aspects Anneke van Hoek Co-founder Restorative Justice Nederland CEP Conference

Levels of restoration (for offenders)

Level 1: Self-restoration of the offenderLevel 2: Restoration between the offender and his or her family/friends/networkLevel 3: Restoration between the offender and the victim(s)Level 4: Restoration with the community

Page 4: Implementing restorative practices in (Dutch) probation: Organizational Aspects Anneke van Hoek Co-founder Restorative Justice Nederland CEP Conference

Why is implementing restorative practices relevant for probation organizations?

• Restorative practices can stimulate offenders to stop re-offending (desistance)

• Restorative practices can stimulate restoration of the relationship of offenders with the community (reintegration)

Restorative practices can help realize the core goals of probation organizations

Page 5: Implementing restorative practices in (Dutch) probation: Organizational Aspects Anneke van Hoek Co-founder Restorative Justice Nederland CEP Conference

The European Victim’s Directive: a stimulus?

• Implementing Restorative Justice is NOT an obligation for member states

• But IF Restorative Justice is implemented by a member state / judicial organization, it needs to comply with minimum standards (safeguards)

Page 6: Implementing restorative practices in (Dutch) probation: Organizational Aspects Anneke van Hoek Co-founder Restorative Justice Nederland CEP Conference

State of the art in the Netherlands

• Since the 1970s local and personal initiatives, which were all ended (ad hoc policy and practice)

• Recognition that restoration is one of the needs of victims• RJ becomes explicitely a part of national victim policy• The Victim’s Directive has brough victim oriented and

restorative practices high on the national agenda• The Ministry of Justice and Dutch probation have been

working on the implementation of the European Victim’s Directive and national victim’s legislation in a very systematic way

Page 7: Implementing restorative practices in (Dutch) probation: Organizational Aspects Anneke van Hoek Co-founder Restorative Justice Nederland CEP Conference

Exercise

• What organizational aspects are relevant if a probation organization wants to implement restorative practices? What needs to change, to be developed, to be stimulated?

• Write down the 5 most relevant organizational aspects

Page 8: Implementing restorative practices in (Dutch) probation: Organizational Aspects Anneke van Hoek Co-founder Restorative Justice Nederland CEP Conference

Implementation on organizational level: how restorative are (probation) organizations?

• How can you assess an organization?• How can you compare organizations (between

countries, between judicial sectors)?• How can you learn from each other in a systematic

way?

Development of a tool: Organizational Maturity Grid

Page 9: Implementing restorative practices in (Dutch) probation: Organizational Aspects Anneke van Hoek Co-founder Restorative Justice Nederland CEP Conference

Organizational Maturity Grid Restorative Practices

• Self assessment tool for judicial organisations• Communication and learning tool• How mature is your organisation in the

domain of restorative practices?• What actions can be taken to bring your

organisation to the next level?• Developed by Restorative Justice Nederland

Page 10: Implementing restorative practices in (Dutch) probation: Organizational Aspects Anneke van Hoek Co-founder Restorative Justice Nederland CEP Conference

Organizational Maturity Grid Restorative Practices: core elements

Organizational aspects: Development phase:• Vision & Policy Phase 0: No interest• Working methodology Phase 1: Orientation• Expertise Phase 2: Description• Culture Phase 3: Organizational integration• Third party cooperation Phase 4: Chain wide integration

Page 11: Implementing restorative practices in (Dutch) probation: Organizational Aspects Anneke van Hoek Co-founder Restorative Justice Nederland CEP Conference

The implementation of victim oriented practices in Dutch Probation (2011 - 2013)

• The Dutch Ministry of Justice has asked all judicial organizationals to develop a vision on victim oriented practices

• A workgroup is established to develop a victim oriented policy for the phase of execution,

• This policy is discussed with different groups of probation workers in the field

Page 12: Implementing restorative practices in (Dutch) probation: Organizational Aspects Anneke van Hoek Co-founder Restorative Justice Nederland CEP Conference

How to implement victim oriented practices (policy Dutch probation)

• Adjust organizational procedures where necessary• Improve knowledge and victim awareness

amongst probation workers• Stimulate a change of culture in an offender

oriented organization• Build up a network with new external partners

(Victim Support, Victim in Focus)

Page 13: Implementing restorative practices in (Dutch) probation: Organizational Aspects Anneke van Hoek Co-founder Restorative Justice Nederland CEP Conference

What has been done so far?

• The Dutch probation organizations (3RO) have developed a methodology victim oriented practices

• This methodology forms the base of an E-learning module

• 3RO has identified and is supporting a group of victim oriented ‘ambassadors’ within their ranks

• Pilots are organized together with partners

Page 14: Implementing restorative practices in (Dutch) probation: Organizational Aspects Anneke van Hoek Co-founder Restorative Justice Nederland CEP Conference

Applying the grid: how mature is the Dutch probation?

Organizational aspects: Development phase:• Vision & Policy Phase 0: No interest• Working methodology Phase 1: Orientation• Expertise Phase 2: Description• Culture Phase 3: Organizational integration• Third party cooperation Phase 4: Chain wide integration

Page 15: Implementing restorative practices in (Dutch) probation: Organizational Aspects Anneke van Hoek Co-founder Restorative Justice Nederland CEP Conference

Vision & Policy: assessment• Stage 0: No interest

There is no vision nor policy on RJ• Stage 1: Orientation

Orientation on vision and ad hoc policy• Stage 2: Definition & Description

Policy in some defined areas• Stage 3: Organizational integration

Holistic vision and policy that is fully integrated in and supported by the organization

• Stage 4: Chain wide integrationVision and policy is internally and externally fully integrated and supported

Assessment Dutch probation: Stage 2, working towards stage 3

Page 16: Implementing restorative practices in (Dutch) probation: Organizational Aspects Anneke van Hoek Co-founder Restorative Justice Nederland CEP Conference

Working methodology: assessment

• Stage 0: No interestNo restorative practices / methodologies present

• Stage 1: OrientationFirst initiatives by individual pioneers

• Stage 2: Definition & DescriptionDescription of restorative methodologies, guidelines etc.

• Stage 3: Organizational integrationRestorative practices are integrated in daily working procedures and all required conditions are presented

• Stage 4: Chain wide integrationRestorative practices are integrated in chain wide working procedures

Assessment: Stage 2, working towards stage 3

Page 17: Implementing restorative practices in (Dutch) probation: Organizational Aspects Anneke van Hoek Co-founder Restorative Justice Nederland CEP Conference

Expertise: assessment• Stage 0: No interest

There is no expertise about restorative practices• Stage 1: Orientation

Individual pioneers have some knowledge of restorative practices• Stage 2: Definition & Description

Some experience with and knowledge of restorative practices at some departments / functions

• Stage 3: Organizational integrationAdequate and up-to-date expertise of restorative practices by all employees within the organization

• Stage 4: Chain wide integrationAdequate and up-to-date expertise within the whole chain of restorative and judicial organizations

Assessment: Stage 2, working towards stage 3

Page 18: Implementing restorative practices in (Dutch) probation: Organizational Aspects Anneke van Hoek Co-founder Restorative Justice Nederland CEP Conference

Culture: assessment

• Stage 0: No interestThere is no restorative culture

• Stage 1: OrientationRestorative attitude by some individual pioneers

• Stage 2: Definition & DescriptionRestorative attitude at some departments / functions

• Stage 3: Organizational integrationThe organization as a whole sufficiently supports the restorative culture within its own organization

• Stage 4: Chain wide integrationAll organizations within the chain sufficiently support the restorative culture within their own organization and beyond

Assessment: Stage 1, working towards stage 2

Page 19: Implementing restorative practices in (Dutch) probation: Organizational Aspects Anneke van Hoek Co-founder Restorative Justice Nederland CEP Conference

Collaboration with third parties: assessment

• Stage 0: No interestCollaboration with third parties is absent

• Stage 1: OrientationAd hoc collaboration

• Stage 2: Definition & DescriptionGood practices

• Stage 3: Organizational integrationStructured working relationship with qualified RJ providers according to set protocols

• Stage 4: Chain wide integrationStructured working relationships with all third parties within the chain according to set protocols

Assessment: Stage 1, working towards stage 2

Page 20: Implementing restorative practices in (Dutch) probation: Organizational Aspects Anneke van Hoek Co-founder Restorative Justice Nederland CEP Conference

Conclusions

• In the past there were some RJ pilots implemented within (some) Dutch probation organizations, but these initiatives were ended each time (ad hoc policy)

• Now a sector-wide vision and policy is in place, a methodology is developed and through E-learning, ‘ambassadors’ and pilots the probation sector is working on increasing expertise, cultural support and collaboration

• The systematic way in which the Dutch ministry and Dutch probation have been working on implementing the VD is stimulating this process

Dutch probation organizations are becoming in a systematic way gradually more mature in the domain of victim oriented and restorative practices, but there are still some bridges to cross….

Page 21: Implementing restorative practices in (Dutch) probation: Organizational Aspects Anneke van Hoek Co-founder Restorative Justice Nederland CEP Conference

Organizational Maturity Game: How ‘restorative’ is your organization?

Rounds:

Round 1 Self assessment & motivationRound 2 AmbitionRound 3 Action

a) interactive learningb) selection of activities & description

Round 4 Resources: a) interactive learningb) selection of tools & description

Page 22: Implementing restorative practices in (Dutch) probation: Organizational Aspects Anneke van Hoek Co-founder Restorative Justice Nederland CEP Conference

Anneke van Hoek [email protected]

RJN [email protected]

Twitter Rest_Justice_NLLinkedIn Forum voor HerstelrechtOffice Leidsestraat 106 IV Amsterdam

Contact information Restorative Justice Nederland: