Life without parole for juveniles not involved in homicides has been
ruled unconstitutional by the U.S. Supreme Court. But it is only part of the quagmire known as the juvenile justice system in California and, in fact, throughout the United States.
Enter the Jesuit Restorative Justice Initiative, led by Fr. Mike Kennedy. Germinated years ago but granted nonprofit status on August 6, 2009, the group - also led by Executive Administrator/Associate Director Richard D. Garcia, Head of Development, Mary Ellen O'Driscoll and Vivian D. Valencia - the ministry is serving juvenile offenders at various institutions in Southern California, and fighting for systematic change to boot.
"Focusing on juvenile justice within the realm of the rest of justice is one of the best-kept secrets in California. Kids of color, once they've committed a serious crime, there's no possibility of redemption or forgiveness or a second chance," Fr. Kennedy said. "We're the only country in the world that gives lives without parole. What we are doing with kids right now is one of the most sinful realities."
For roughly 30 years, Kennedy - who, as former Pastor of Dolores Mission Church and School, witnessed a great deal of violence firsthand - has entrenched himself in the issue of juvenile justice and charism. Through Fr. Gregory Boyle's Homeboy Industries and inspired in part by the 35th General Congregation of the Society of Jesus, he became Chaplain at Sylmar Juvenile Hall. Engaging in prison outreach by facilitating retreats in contemplative prayer, his efforts grew into the larger Initiative as the circle widened to include parents of incarcerated children and victims of crime.
JRJI's mission is clearly in line with the position outlined in the U.S. Bishops' 2000 statement "Responsibility, Rehabilitation, and Restoration: A Catholic Perspective on Crime and Criminal Justice."
"The dignity of the human person applies to both victim and offender," they declared. "As bishops, we believe that the current trend of more prisons and more executions, with too little education and drug treatment, does not truly reflect Christian values and will not really leave our communities safer. We are convinced that our tradition and our faith offer better alternatives that can hold offenders accountable and challenge them to change their lives; reach out to victims and reject vengeance; restore a sense of community and resist the violence that has engulfed so much of our culture."
Since 2000, incremental changes have effectively dismantled the juvenile system and redirected children to the criminal courts. However, there is some hope for legislative change with SB 399, a new California bill that would allow juvenile life sentences to be reviewed and give young people the chance to be re-sentenced if they work toward rehabilitation. The U.S. Supreme Court ruling declaring life without parole for youth a violation of the 8th amendment prohibiting cruel and unusual punishment reinforces the need for the remedies contained in SB 399.
The process of rehabilitation outlined in SB399 is at the heart of the Jesuit Restorative Justice Initiative, which is providing groundwork for liturgies that speak to the hearts of youngsters. Conducted at prisons and juvenile-detention halls in Sylmar, Corcoran, San Bernardino and elsewhere, the efforts encompass mass services, prayer, meditation, one-on-one conversation and reflections. During Juvenile Justice Week, the Office of Restorative Justice for the San Bernardino Diocese also ambitiously included the distribution of ashes at the beginning of Lent for the first time at various detention centers.
"Our job is not to lecture or to preach but to help the juvenile see and feel how loved he or she is," Garcia said. "So, how do you do that through a liturgical experience that is pertinent to a young person?"
Young people participating in liturgy are asked to prepare for it through meditation, letter-writing and reflection prompted by JRJI.
"So there's work toward the liturgy," O'Driscoll said. "Good faith formation."
Recent reflection topics have included "God, while I am away (locked up) from my mom and/or dad and other loved ones, I'd like them to know ..."; "God, this is what I felt when I listened to today's readings or stories ..."; and "God, I learned to accept someone that I didn't get along with when ... ."
Leading up to the Sunday services, Kennedy and Garcia also coordinate meditations on Wednesdays.
"When kids are put into a situation where they have to make adult decisions - which they really can't do - the quality of the seriousness they take meditation is more important than when an adult has to make a similar decision," Kennedy said. "The best way to look at it is: You're 16 years old, and you're going to court and looking to take a deal with 24 years and two strikes. You're given five minutes to decide if you want to [take the] plea bargain."
Through meditation, "a place that does a good job denying their humanity becomes sacred," Garcia added. "The meditation inspires and guides [the children] where their inner senses encounter God. So, in making adult decisions, our prayer for them is that their decisions are grounded in love.
"Besides activating the inner senses, one thing that's been solidified in crucial ritual is offering solace," Garcia continued. "We've done this since the Dolores Mission days, and it's been a thread to the ministry of healing. If there's a restoration of some sort, it's as important as restoration of human touch."
In that spirit, Kennedy and Garcia also anoint children with oil before they write their reflections.
Clear proof that God is present in juvenile detention centers can be found in the impressive and growing attendance at JRJI services. While they often compete with recreational time - and Sunday mornings are typically the only ones during which offenders are allowed to sleep in - JRJI masses have been drawing the vast majority of Catholics at the institutions where they are conducted. Non-Catholics and others who have not been catechized in any tradition also participate.
Moreover, JRJI has also seen some impressive success stories. While many attendees are serving life sentences, one former participant is currently earning a Master's Degree at Pepperdine University and another is attending George Washington University. Loyola Productions, a Jesuit-inspired media company, has captured the success of JRJI with a 28-minute film called "Righting the Wrong," and an accompanying PBS special is on the horizon.
Beyond attracting large numbers, the services are strengthened by the fact that they are not mandatory and allot the offenders the rare opportunity to make their own decisions.
"You're free to say whatever is in your heart," Kennedy said. "At the moment that religion becomes something that you're forced to do, it's no longer spirituality, it's idolatry."
Another option for offenders is to speak from their heart to the others attending the service through the passing of a candle.
"We've gotten creative with breaking open the Word, and after the readings, reflection and writing, the candle serves as a talking piece," Garcia said. "It gets passed around," and while one child is speaking, the others are asked to stay quiet and not pass judgment. Candle-passing is one of the many activities that directly contradict the gang code permeating such environments.
Contrary to what one might think, "There's a lot of respect for the kids who take [the services] more seriously," O'Driscoll said. "The other kids see that he's made more changes in his life. There is a way that they've identified the valued of that."
The JRJI team has found that offenders are actually encouraging one another to attend services, and even inspired to mentor one another - another seeming impossibility. Juveniles are finding something for which to strive.
"You treat them with full dignity and respect," O'Driscoll said. "You're not looking at them through rose-colored glasses, but you see their better selves and invite themselves to do the same."
"The basic premise in all this is that it's a person that cares about them," Kennedy said. "And so you start off there. Do good to those who hurt you, be passionate, be forgiving - these are the values of Jesus. We don't sermonize - we provide them an alternative to find happiness."
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