Exploring the Use of Restorative Justice Practices with Adult Offenders with Fetal Alcohol Spectrum Disorder
5. Conclusion
There is growing recognition among CJS professionals that the mainstream CJS is not appropriately set up to accommodate the needs of individuals with FASD. As a result, these individuals often find themselves in a cycle of re-contact with the system (e.g., arrests, releases, breaches, re-arrests, and ultimately convictions). CJS professionals have recognized that they need to better understand what kinds of measures and supports might lead to better outcomes for offenders with FASD.
This study examined the use of RJ practices with adults in the CJS diagnosed with or suspected of having FASD. This was done in collaboration with five community-based programs in Canada that have taken explicit steps to address the needs of offenders with FASD.
The following are some of the approaches used to address the harm caused by individuals with FASD in the CJS:
- Three of the participating communities have established integrated courts or FASD courts as alternative processes for repeat offenders to address their needs while still holding individuals accountable for their crimes.
- CJS professionals in all five communities work closely with other community-based health and social services to provide referrals for offenders to ensure that they receive the supports they need to prevent further contact with the CJS.
- Four of the communities have well established RJ programs and the fifth uses RJ processes when working with offenders with FASD.
- The communities use RJ to divert individuals from or in combination with the mainstream CJS process. All program staff interviewed for the study noted great success with RJ cases involving individuals with FASD by adapting their approach to address their unique needs and challenges. A few common best practices were noted, such as:
- repeating information to ensure understanding;
- using clear and simple language;
- tailoring the length of meetings;
- being consistent about who works with the individual;
- using visual images or props (e.g., visual mapping to identify sequences of events);
- increasing the number of meetings before the RJ conference;
- identifying appropriate accommodations;
- ensuring all RJ participants are aware of and understand the offender’s impairments and accommodation needs for the session; and,
- modifying the RJ agreement to ensure that any tasks/requirements are achievable.
The study also found that an essential component in addressing the needs of individuals with FASD and reducing their re-contact with the CJS is to involve and collaborate with other community supports and services. In addition to RJ programming, other community supports and services include a range of health, mental health, and social service agencies such as clinics (including residential facilities); detox and rehabilitation centres; community outreach programs; and harm reduction programs.
Although interviewees highlighted the successes they have had working with individuals with FASD, they also noted some needs that should be addressed to enhance their community response. These include:
- the need for formal protocols among CJS professionals and community organizations on how to deal with cases involving individuals with FASD;
- the need for life-long family or community-based supports;
- tailored FASD training for CJS professionals and community organizations; and,
- public education and information on FASD.
This exploratory study was the first of its kind in Canada and was undertaken to help inform discussions about community and system responses to the involvement of individuals with FASD in the CJS. This includes providing examples of how to modify RJ processes to help guide and inform the delivery of services across the country in appropriately responding to the unique challenges and needs of individuals with FASD involved in the CJS.
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