Yolo County program offers those facing criminal charges ‘healing’ not punishment
Jonathan Sandoval had no idea what “restorative justice” meant when he received a phone call from the Yolo County District Attorney’s Office in May.
The 24-year-old Sacramento State graduate with a bachelor’s degree in criminal justice at the time was facing a misdemeanor charge of disturbing the peace. A month earlier, Sandoval was involved in argument with security staff at a bar in Davis over their refusal to allow his friend to enter the business. The dispute escalated to a scuffle and his criminal charge.
The District Attorney’s Office told him his criminal case was suitable for its Restorative Justice Partnership, a Yolo County adult criminal diversion program that resolves offenses outside of the traditional courtroom. The process is not punitive and not designed to shame those facing a criminal charge.
They instead accept responsibility for their actions and discover ways on how to prevent it from happening again. After successfully completing the diversion program, the District Attorney’s Office would drop the criminal charge.
Sandoval was only a year removed from earning his college degree, and he said he didn’t want to search for a job in the field of criminal justice with a criminal charge on his record.
“You’re always scared not knowing what to expect,” Sandoval said about his initial apprehension about restorative justice. “They were there to help me; not to hurt me. They don’t want to play judge.”
Instead of facing a judge, a sentence, fines and the costs incurred of mounting a legal defense, Sandoval and other participants in the program meet with a panel of community volunteers in a relaxed setting for a “conference” to discuss their conduct and hold them accountable by helping them recognize the harms they caused.
Sandoval successfully completed the restorative justice program. He said nobody was injured in the scuffle outside the Davis bar, but he now realizes the harm he and others could have suffered.
He now volunteers as a trained panelist and a “facilitator” who guides participants through the process. Sandoval uses his Spanish-speaking skills to translate for participants who speak little English, explaining how the diversion program works. He’s attended more than 10 conferences this year.
“I felt I could be of assistance,” Sandoval said about being a volunteer. “I wanted to donate my time to help others.”
The Restorative Justice Partnership, created in 2013, began as a diversion program for low level misdemeanor offenses. Nicole Kirkaldy, the program’s director, said they have since expanded to include all offenses even felonies. And it’s not limited to first-time offenders, before or after prosecutors have formally charged a defendant in court.
“Every case could be considered,” Kirkaldy said. “We look at criminal history because we have a responsibility to the public to make sure that we’re addressing things appropriately.”
Ineligible cases include domestic violence cases and serious violent crimes. Kirkaldy’s staff consults with victims in these cases and will decide not to accept the case if the victim feels diversion is not appropriate.
The program handles cases such as drunk in public, assault or even hit-and-run vehicle crashes, Kirkaldy said. The program has shoplifting cases, from as minor as someone stealing food from a grocery store to have something to eat to people loading up shopping carts to sell later.
Through the end of October, the diversion program has held a total of 3,145 conferences in the 11 years of its existence with 88% of those participants completing the program, according to data provided by Kirkaldy.
Emotional process of introspection
Kingsley Melton, one of the program’s volunteer panelists and facilitators, wishes restorative justice was around in 1997 when he was a UC Davis student arrested on a marijuana possession charge. He said it was a stupid decision he made at 19 that led to a “stain on my record” after he finished college and started his career in teaching.
“It closed a bunch of doors and it presented a lot of hoops,” said Melton of West Sacramento.
He was teaching at Sacramento Charter High School in May 2016 when he first learned of the restorative justice program in Yolo County. Melton decided to volunteer, hoping he could also bring a similar program to the school. He wanted to help students make amends for their behavior on campus.
As a facilitator, Melton helps the participant identify the harms they caused. He said this can transform the “shame and the guilt” they might feel into recognizing they’re worthy of the investment being made to help them improve their lives.
“I share my story (during the conference) and tell them you don’t want the other side of this,” Melton said. “This (restorative justice) process is an emotional process and requires a huge amount of introspection.”
He was not able to get a restorative justice program started at the charter school. Melton said he once hoped to help a student who defaced a text book make amends by cleaning all the text books in the classroom, but an administrator told him that behavior led to an automatic suspension in accordance with school policy.
Melton has since left teaching and now works for the California Public Utilities Commission, continuing to volunteering for the diversion program in Yolo County.
Christina Chang, a retired property manager from Davis, began volunteering as a restorative justice panelist in spring 2020. It was during the height of the pandemic, and all the conferences were conducted online. She said the diversion program is a “healing experience” for the participants, and it’s been “rewarding” work for herself.
“It saves a lot of time for the court,” Chang said about the diversion program. “I hope we move (the justice system) toward a more humanitarian approach.”
Karen McCluskey, another volunteer panelist from Davis, said restorative justice saves money spent on the judicial process and helps keeps the court system from being “clogged.” She’s been a volunteer for the past two years attending 135 conferences.
McCluskey working as volunteer is “never boring” and fills a need offering people “a real chance” to atone for their behavior and improve their lives.
How criminal cases are reviewed
The diversion program’s director said low level crimes are typically flagged and submitted to her staff for review, along with prosecutors who submit cases that might be suitable for the diversion program.
The program’s staff will then contact potential participants if they would like for their case to go through the restorative justice process. Kirkaldy said her staff will seek assistance from the Yolo County Public Defender’s Office or defense attorneys on the case to provide legal advice when the participant is not sure diversion is the best option.
The program is voluntary with a $200 diversion fee for all participants. Kirkaldy said there are ways to have the diversion fee waived, so that the cost of the program is never a barrier to participation.
“We’re not trying to sell (the program) or convince them,” Kirkaldy said. “We want them to make the choice that’s right for them.”
The conferences are held in county offices; not in a courthouse or even the District Attorney’s Office. Kirkaldy’s staff wants the participants to feel at ease as possible in a neutral site. The participant, the facilitator and the panelists attend the conferences that can take a few hours. There are no judges or attorneys. A victim can choose to attend the conference, but that rarely happens. Kirkaldy said victims are notified and are usually OK with the case going through the restorative process, but they typically don’t want to participate.
The program has held more 100 conferences each year with high marks of 344 conferences in 2016; 310 in 2021; and 283 in 2023.
Kirkaldy said 230 participants with mental health or substance use issues have completed the diversion program since 2020. She said currently 150 these participants currently enrolled in the program, which can typically take 12 to 18 months to complete.
Mental heath and substance abuse
Participants with severe mental health or substance abuse are typically assigned a case worker from the diversion program to connect them with services to receive treatment before they begin the restorative justice process, said India Fleming-Farris, a volunteer panelist since 2014.
A retired psychologist from Davis, Fleming-Farris also serves as a facilitator for the program. She and the other volunteers went through an initial training learning the restorative justice process and how to apply it to these cases.
“It’s effectively being aimed at healing instead of being punitive,” said Fleming-Farris, who has volunteered (at least once a week) in 400 to 500 conferences in the past 10 years. “Things are very tailored to the individual in question.”
She said facilitators ask participants to write a list of harms (physical, financial or emotional) caused by their actions to show effort in the restorative process, “rather than just nod and agree.”
“What is important is that they take responsibility for their actions,” Fleming-Farris said. “Something they can do to demonstrate their commitment to go forward and do better.”
She said good panelists realize the discussion with significant interaction between them and the participant in the conferences is the most important aspect. The panelists each get a copy of the police report before the conference, but the discussion starts with them asking the participants what happened and what circumstances led to the incident.
Fleming-Farris continues to volunteer for the diversion program, because she said she believes in its mission and admires its staff and the other volunteers.
“You come away feeling like you have been truly helpful to someone in their life,” Fleming-Farris said. “And that’s a great feeling.”
This story was originally published December 30, 2024 at 5:00 AM.
CORRECTION: This story has been updated to clarify there is a $200 diversion fee associated with the program.
