Peacemaking is a time-honored approach among Indigenous cultures that brings together individuals who have experienced harm, those who have caused harm, and community members to resolve conflict or disputes in a healing, rather than punitive, context. Central tenets of peacemaking—relationship building, rehabilitation, and community empowerment—have been absorbed into the correctional model of restorative justice, which has grown in popularity across the country. This model is primarily associated with the juvenile justice system but holds promise for adults with substance use disorders (SUDs) who are involved with the criminal justice system.

Tribal Healing to Wellness Courts

Restorative justice is a key component of Tribal Healing to Wellness Courts, which grew out of the drug court movement of the 1980s, a movement that held values similar to those of some traditional Indigenous cultures. For example, drug courts’ prioritization of long-term recovery over incarceration for SUD-related offenses echoes traditional justice processes among some Indigenous communities, which often deviate from typical punishment and instead focus on accountability.

“Punishment and accountability are not the same,” explains Grace Carson, Yavapai/Chiricahua Apache Skadden Fellow at the Tribal Law and Policy Institute. “Accountability is meant to stop harm from happening, while punishment is simply a way of enforcing rules.”

Restorative justice recognizes the humanity of those who have caused harm, while acknowledging that healing requires accountability for the harm they have caused. The person harmed, along with the person who committed harm, actively and voluntarily participates in the accountability process. A harm to one person is considered a harm to the entire community; hence, healing is promoted through interaction with, rather than removal from, the community.

Carson observes, “To really get to the root cause of substance use in our communities, such as generational trauma and other issues specific to Indigenous people, we needed solutions rooted in each tribe’s culture, spirituality, and knowledge. This may include integrating peacemaking and circle-keeping into established programs, indigenizing language and practices, using alternative sentencing options, providing harm prevention and reduction services, or exploring non-judicial tracks of entry into healing. Restorative justice can take many forms, but it ultimately prioritizes community safety.”

Repair, Invest, Succeed, Emerge

Repair, Invest, Succeed, Emerge (RISE) is one of few federal-level restorative justice programs for adults in the country. In 2015, the Honorable Leo T. Sorokin, United States District Judge, District of Massachusetts in Boston, and U.S. Probation Officer Maria D’Addieco developed this front-end program for individuals who have pled guilty in Judge Sorokin’s district and are under pretrial supervision prior to sentencing.

To be eligible for RISE, individuals must either have a serious history of SUD, the existence of which contributed to the charged offense, or a history reflecting significant deficiencies in full-time productive activity, decision making, or prosocial peer networks. Those who qualify must apply to participate in this voluntary program. A committee of magistrate judges, district court judges, and representatives from the U.S. Attorney’s Office, Federal Public Defender’s Office, and Probation Office review the application. Acceptance into the program is determined by the assigned district judge. Participants approved for the program are granted a 1-year delay in sentencing in order to engage in behavior change that will reduce likelihood of their recidivism, such as participating in mental health and drug treatment, maintaining employment, and securing stable housing.

The restorative component of RISE draws from and honors the teachings and values of Indigenous cultures. It starts with an informational session, during which participants receive an overview of the program, identify needs (e.g., mental health services), and consider the crime in terms of harm inflicted. For example, so-called “victimless” crimes of drug or gun trafficking, alter the lives of many, such as the families and friends of someone who dies from a drug overdose.

The heart of the restorative component is an intense, 2-day workshop bringing together RISE participants, criminal justice practitioners, community partners (e.g., mental health service providers), and survivors or surrogate victims. The workshop creates a safe space for trust building, unpacking harm, and making amends.

Another restorative component of RISE deepens participants’ understanding through reflective activities, such as interactive journaling. This prepares participants for individual restorative practices in a later phase of the RISE process, which may involve writing a letter of apology or crime impact statement or participating in an informal restorative meeting, a circle with victims or surrogate victims, or a restorative conference.

Upon completion of the RISE program, participants report to their sentencing judge, who takes into consideration their accomplishments. Often, they are sentenced to probation instead of numerous years in prison.

RISE encourages participants to accept responsibility for their offense of conviction and its consequences, which is perhaps an even more important goal than reducing recidivism and managing taxpayer funds wisely. D’Addieco notes, “RISE prompts the most meaningful and transformational change in folks I have ever seen. There is a long-lasting, positive impact on the responsible parties, but also on the victims, the community, and the court staff.”

The impact has not gone unnoticed. Soon after RISE was established, interest in the restorative component from judges, attorneys, and clients prompted the establishment in the same district of a stand-alone restorative justice program independent of RISE and available to defendants at any stage of their case (i.e., pre-trial, pre- or post-plea, pre-sentencing, post-conviction coming out on supervised release, detainment awaiting sentencing or transfer to a correctional facility). Other federal districts are also considering or experimenting with the model in a variety of ways, either in conjunction with existing court programs or as stand-alone programs.

More to Come

The National Center on Restorative Justice (NCORJ), in its blog, explores the intersection of treatment courts and restorative justice and is currently helping develop synergy between restorative justice and an adult treatment court in Maine. NCORJ was established in 2020 as a partnership between Vermont Law and Graduate School, the University of Vermont, the University of San Diego, and the U.S. Office of Justice Programs, funded by the Bureau of Justice Assistance. Its mission is to advance restorative justice education in universities and law schools, provide education and training to criminal justice system actors and the general public, support independent research on restorative justice, and facilitate implementation of restorative justice programs.

DeMointé Wesley, assistant director of partnerships and communications at NCORJ, predicts greater acceptance of restorative justice, commenting, “In places where restorative justice has a foothold through success with young people, there is more willingness to explore these principles for adult cases. Restorative justice is gaining in popularity, but it still exists on the margins in terms of policy and legislation. We’re changing that through education and research.”



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