By Elvin Gonzalez, Family Division Administrator, Berrien County Trial Court
Question: How can you get restitution from juveniles who are too young to work and live in a community with a 13 percent unemployment rate and 50 percent poverty rate?
Answer: 3 WINS!!
3 WINS (Work Inspires and Nurtures Success) is an innovative juvenile restitution program implemented in Berrien County in 2014.
Lack of Income to Pay Restitution
In Berrien County, the average age of a court-involved youth is 14.5 years old. Many of these juveniles are not legally employable and do not have any source of income to pay restitution. Approximately 10 percent of court-involved youth will have restitution obligations to a victim(s) at any given time. Current restitution obligations range from $43.47 to $14,430.00. The median amount owed is $850.00.
The majority of youth on probation in Berrien County come from families where parents are unemployed, underemployed, and/or receiving public assistance. These youth have historically failed to make payments on their court-ordered restitution because they live in poverty. The unemployment rates in some Berrien County communities are among the highest in the nation, showing how scarce jobs are in these communities.
Benefits of Restitution
Research has shown that restitution has therapeutic value for both offenders and victims of crimes, and that it also benefits the community. This research supports the following 3 WINS goals for those affected by juvenile crime:
- The offender gets to build character and regain self-respect by doing the right thing while learning new skills;
- The restitution intervention provides a sense of justice, as well as reparation, to the victim; and
- The youth performs work that contributes to the wellbeing of the overall community.
The 3 WINS program combines elements of models used in other communities across the United States. At the time of their offense, youthful offenders do not necessarily realize the harm they have caused. It is only after the incident that the young person becomes aware of the real human impact of their behavior. It is imperative that these youthful offenders leave the juvenile justice system understanding that actions have consequences, their behavior harmed others, and that they are responsible for their actions.
Compensating victims for monetary loss due to an offender’s actions is one way to emphasize personal responsibility. Without restitution, the victim of a crime may be financially harmed, and these financial losses can also contribute to the trauma and frustration they experience with the juvenile justice system. When victims receive payments for restitution, it helps them feel like the justice system is working on their behalf, and there is hope that they will be compensated for their losses.
How the 3 WINS Program Works
Juveniles in the 3 WINS restitution program are required to make useful contributions to the community where their crime was committed by performing unpaid community service work. This work makes the juveniles eligible to gain access to funds in the 3 WINS program. Each community service hour worked in the program has an attached monetary value. The victim of the juvenile’s crime receives direct payment from the fund for the hours the juvenile works. Local community sources have granted the funding for the 3 WINS program.
Since its inception, youth involved in 3 WINS have worked 1,251.75 hours of community service, and $14,086.80 has been paid in restitution to victims out of this fund. The average restitution reimbursement rate for juveniles in Berrien County has grown from only nine percent in the year prior to implementing 3 WINS to 33 percent over the last three years.
The 3 WINS program has been very successful in achieving its goals of benefitting the juvenile offender, the victim, and the community.
Mr. Gonzalez has more than 34 years of experience working in the juvenile justice field, including detention facilities, residential treatment, intensive probation services, and management of Probation and Court Services Departments in DuPage County, Illinois, and in Michigan.
He has served as a progressive leader in organizational change management in the juvenile justice field by championing evidence-based practices and data-driven decision making.