Implementing restorative
practices in (Dutch) probation:
Organizational Aspects
Anneke van Hoek
Co-founder Restorative Justice Nederland
CEP Conference
Prague, 24 September 2015
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.
Levels of restoration (for offenders)
Level 1: Self-restoration of the offender
Level 2: Restoration between the offender and
his or her family/friends/network
Level 3: Restoration between the offender and
the victim(s)
Level 4: Restoration with the community
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
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)
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
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
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
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
Organizational Maturity Grid
Restorative Practices: core elements
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•
•
•
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Organizational aspects:
Vision & Policy
Working methodology
Expertise
Culture
Third party cooperation
Development phase:
Phase 0: No interest
Phase 1: Orientation
Phase 2: Description
Phase 3: Organizational integration
Phase 4: Chain wide integration
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
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)
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
Applying the grid: how mature is
the Dutch probation?
•
•
•
•
•
Organizational aspects:
Vision & Policy
Working methodology
Expertise
Culture
Third party cooperation
Development phase:
Phase 0: No interest
Phase 1: Orientation
Phase 2: Description
Phase 3: Organizational integration
Phase 4: Chain wide integration
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 integration
Vision and policy is internally and externally fully integrated and
supported
 Assessment Dutch probation: Stage 2, working towards stage 3
Working methodology: assessment
• Stage 0: No interest
No restorative practices / methodologies present
• Stage 1: Orientation
First initiatives by individual pioneers
• Stage 2: Definition & Description
Description of restorative methodologies, guidelines etc.
• Stage 3: Organizational integration
Restorative practices are integrated in daily working
procedures and all required conditions are presented
• Stage 4: Chain wide integration
Restorative practices are integrated in chain wide working
procedures
 Assessment: Stage 2, working towards stage 3
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 integration
Adequate and up-to-date expertise of restorative practices
by all employees within the organization
• Stage 4: Chain wide integration
Adequate and up-to-date expertise within the whole chain
of restorative and judicial organizations
 Assessment: Stage 2, working towards stage 3
Culture: assessment
• Stage 0: No interest
There is no restorative culture
• Stage 1: Orientation
Restorative attitude by some individual pioneers
• Stage 2: Definition & Description
Restorative attitude at some departments / functions
• Stage 3: Organizational integration
The organization as a whole sufficiently supports the
restorative culture within its own organization
• Stage 4: Chain wide integration
All organizations within the chain sufficiently support the
restorative culture within their own organization and
beyond
 Assessment: Stage 1, working towards stage 2
Collaboration with third parties:
assessment
• Stage 0: No interest
Collaboration with third parties is absent
• Stage 1: Orientation
Ad hoc collaboration
• Stage 2: Definition & Description
Good practices
• Stage 3: Organizational integration
Structured working relationship with qualified RJ
providers according to set protocols
• Stage 4: Chain wide integration
Structured working relationships with all third parties
within the chain according to set protocols
 Assessment: Stage 1, working towards stage 2
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….
Organizational Maturity Game: How
‘restorative’ is your organization?
Rounds:
Round 1 Self assessment & motivation
Round 2 Ambition
Round 3 Action
a) interactive learning
b) selection of activities & description
Round 4 Resources:
a) interactive learning
b) selection of tools & description
Contact information
Restorative Justice Nederland:
Anneke van Hoek anneke.vanhoek@gmail.com
RJN
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communicatie@restorativejustice.nl
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