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Arbitration
Certain minor criminal matters are sometimes handled most effectively in a non-courtroom setting. By addressing these criminal matters properly and swiftly through an arbitration-like process, the District Attorney’s Office can often prevent them from becoming more serious. That is the basis of the Hearing Officer Program, a program that efficiently resolves disputes, warns and advises persons that their actions are illegal, and collects restitution when appropriate.
The Hearing Officer Program has both an adult and juvenile component, each with specific goals and requirements for participation.
Adult cases – such as neighborhood disputes, petty theft, trespassing, loitering, regulatory violations that are technical in nature, and batteries that do not result in serious injuries – may be referred to an office hearing. Hearings give all parties involved the opportunity to be heard and aim to resolve the criminal matter out of court.
Office hearings are conducted in District Attorney facilities and are informal proceedings. At the conclusion of the hearing, the hearing officer gives his or her recommended resolution. Outcomes may include, but are not limited to, admonishments, restitution orders, counseling, and stay-away directives.
The Hearing Officer Program offers an arbitration-like setting to deal with school truancy issues and some minor, non-violent, first-time offenses for juveniles (Juvenile Offender Intervention Network, or J.O.I.N.).
The Hearing Officer Program works with school districts’ School Attendance Review Boards (SARBs) to combat truancy. When students and/or their parents violate school attendance laws, the matters are often referred to the District Attorney’s Office for an office hearing.
The goal of the mediation process is to return each truant to school while holding them responsible for their actions. In lieu of immediate referral for prosecution, the student and parents are given an opportunity to enter into a District Attorney School Attendance Contract. By entering the contract, students and parents agree to immediately eliminate unexcused absences and tardies, to correct behavioral problems, and to adhere to SARB directives and other hearing officer resolutions. Failure to adhere to the contract can result in formal prosecution.
The District Attorney recognizes the need for early interventions in certain kinds of juvenile arrests. To that end, the Office has implemented the Juvenile Offender Intervention Network (J.O.I.N.), which deals with non-violent, first-time juvenile offenders in an out of court setting.
To participate in the program, parents and youthful offenders agree to the terms of a J.O.I.N. contract. In the contract, juvenile offenders acknowledge responsibility for their acts and agree to pay restitution, maintain good school attendance, and perform community service. Parents agree to attend parenting classes, and all families are referred to group counseling. Cases are intensely supervised and monitored by the hearing officer for one year. If the minor reoffends or fails to adhere to the J.O.I.N. contract, the original case is referred for prosecution.
J.O.I.N. is a highly effective program. It aims to address the root causes of the delinquent behavior, offers intense supervision and monitoring of the juvenile, and metes out consequences for the crime often within two weeks of an arrest – rather than the 60 days it may take for a juvenile court to hear a matter. In a three-year study, less than 5% of all youth who participated in J.O.I.N. reoffended.
Hearing Officer Program
Los Angeles County District Attorney's Office
7500 E. Imperial Hwy, Room 324
Downey, CA 90242
(562) 803-7116
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Site updated:
01 Feb 2006
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