Restorative Justice Policy and Legislation
The Status of RJ Legislation in the United States
The Balanced Approach launched a national movement in juvenile justice reform in the 1990s, starting a long journey that is more evolution than revolution. It provided the operational structure for mainstream implementation of restorative justice philosophies. The Balanced and Restorative Justice (BARJ) model, in turn, has been adopted as the legislatively mandated juvenile justice purpose clause in over half the states. Several states engaged in systematic statewide initiatives to implement policies and programs that reflect the BARJ mission. Many local jurisdictions across the nation strategically embrace BARJ in their mission statements and conduct their operations with an eye toward specifically meeting BARJ goals. The BARJ model opened the door to develop and implement a broad variety of non-traditional programs and interventions designed to enhance youth accountability while supporting competency development and maintaining community safety.
Most states have a legislatively mandated purpose clause that defines their philosophical and strategic approach to youth criminal behavior or delinquency. A survey of state juvenile justice purpose clauses conducted by the National Center for Juvenile Justice identified four primary philosophical approaches to addressing juvenile justice, including: parens patriae, due process, the developmental approach, and BARJ. NCJJ’s survey confirmed earlier findings by Pavelka that BARJ is the most prevalent legislatively articulated juvenile justice mission with 29 states embracing BARJ in their purpose clauses.
Restorative Justice (RJ)
Balanced and Restorative Justice (BARJ)
Balanced Approach (BA)
Not Applicable (NA)
Read Sandra Pavelka’s complete article on this topic:
Justice Policy Journal, Fall 2016, 13(2)
Read more about how Colorado has pioneered the
way forward with robust initiatives to implement
restorative justice legislation statewide.
Restorative Justice Policy and Legislation Weblinks
About Dr. Sandra Pavelka
Dr. Sandra Pavelka serves as Director of Institute of Youth and Justice Studies and Professor of Political Science and Public Administration at Florida Gulf Coast University. Dr. Pavelka received her Ph.D. in Public Administration with a specialization in Justice Policy from Florida Atlantic University. Her dissertation, Practice to Policy to Management: A Restorative Justice Framework, focused on system reform and policy implementation of restorative justice nationally. She holds a Master of Public Administration from Florida International University and a Bachelor of Arts in Political Science from the University of Florida.
Dr. Pavelka has also directed grants and contracts funded by the federal and state governments, local entities, and private foundations. She served as Project Administrator of the Balanced and Restorative Justice Project funded by the Office of Juvenile Justice and Delinquency Prevention, US Department of Justice. Currently, she is the Principal Evaluator of the Ft. Myers Reentry Initiative funded by the Bureau of Justice Assistance, US Department of Justice.
Dr. Pavelka is an internationally known restorative justice expert. She serves on the National Association of Community and Restorative Justice Advisory Council and is Chair of the Law and Policy Committee. She has published extensively in the restorative and juvenile justice disciplines and has provided consultation, training and technical assistance with legislators, policymakers, justice system and educational stakeholders, victim advocates, nonprofit and community organizations in the development and implementation of restorative justice principles, practices, legislation, policies and evaluation.
Dr. Sandra Pavelka