It's all about restorative justice, making smart choices, diverting and not labeling.

There is also some learning taking place.

Participants do not return. Once is enough.

Who could ask for anything more from teen court?

"We don't continue anything unless it works," said Tom Neilon, director of Mower County Correctional Services.

Neilon wasn't boasting. Just stating the facts.

Only 10 counties in Minnesota have teen courts and Mower County is one of them.

The form of restorative justice debuted in 1995 as a concept and response to the growing tide of juvenile crime.

Every county looked it over thoroughly, studied it and researched the outcomes. By 1999, a Governor's Fund was created to assist counties in creating their own teen courts.

Neilon decided to link the success or failure of the program to caseload reduction grant monies. Mower County would show everyone that a teen court program could reduce the criminal caseload coming before the courts.

Neilon is a believer. Last year, there were 32 less juvenile petitions than the year before.

"It's a diversion program" he said. "We're making kids active participants in their own fates and one of the key elements, I think, is that we don't label kids. It's choice-making and they're being taught to make those choices."

The program's first coordinator was Don Fox. Then, Keith Fossey took over and for the last three years, Howard Strey has been in charge.

The choice is perfect: Strey is a retired long-time Austin High School teacher and coach. In other words, he knows kids.

"I think the program is achieving its purpose," Strey said. "First and foremost, it gives first-time offenders a second chance. If they complete all the requirements, they have the opportunity to clear their record of the criminal offense. They will also have the opportunity to learn from their mistake and stay out of the criminal justice system.

"It proves to them that young people do have a choice and it empowers them to make smart choices," he added.

Since Strey took over the Mower County teen court program in November 2000, he has supervised for Neilon the handling of 100 juvenile cases a year.

Teenagers, who commit petty offenses, such as shoplifting, vandalism and other crimes, can choose teen court or juvenile court in the Third Judicial District.

"If they choose teen court, they must plead guilty to the offense," Strey said. "When they do that, they go before a jury of their peers. Other teenagers, who decide the punishment to fit the crime."

It is mandatory that all juvenile offenders -- middle school age to high school years -- must serve on future teen court juries.

Thus, the youth can be on both sides of the coin in the criminal justice system: defendant and a combination judge and jury.

The teen court sessions are held monthly or more frequently as warranted in strict privacy to protect the anonymity of the participants.

Jurors are recruited from schools throughout Mower County or the pool of former defendants.

Before the actual teen court jury trial, Strey has gotten up close and personal with the defendant and their family.

He does that with one-on-one interviews with the defendant and parents or guardians.

When the defendant actually goes to trial, the teen court jurors will question both the defendant and family members or guardians. "This is done so they can learn something about the kid that will help them make up their minds when it comes time to decide the punishment," he said.

When the jurors are satisfied they have enough input, they begin their deliberation.

The rules require the offenders to all participate in some mandatory "punishments," such as attend a teen decision-making class.

"They may have shoplifted, they may have committed acts of vandalism or they may have gotten into a fight or disorderly conduct," Strey said. "What we want is for them to learn how they could have made a good decision and avoided that behavior."

The jurors can assign community service from five to 20 hours.

Making the offender recruit blood donors for the Mower County chapter of the American Red Cross is a "favorite" punishment that, Strey said, "helps the entire community."

They will also have to write letters of apology to the victims and to state their apology in court in front of the victims.

Last fall, a requirement for the offenders to hear victims' impact statements was also added to the local teen court regimen.

"They learn from the entire process," Strey said. "There are deadlines to be met. They have to do certain things. We do this to ensure their accountability."

When necessary, the teen court uses the services of court interpreters for non-English speaking offenders.

Whatever the chemistry, Strey believes it is working to everyone's benefit.

"First and foremost, the juveniles do not reoffend," he said. "We keep them out of the courts. They do not reenter the criminal justice system."

Strey said one of the reasons the Mower County teen court program is working is the use of former offenders. "They see it from the other side," he said.

Strey does have help. Neilon is his "boss" and other Mower County Correctional Services people, such as Richard Lees, a part-time probation, officer assist.

In the teen court "courtroom," school social workers, including Mike Hull, Maureen Noterman, Kathy Richardson and Luann Stroup all volunteer their time.

Former retired long-time AHS teacher-coach Oscar Haddorf, is another volunteer singled out by Strey, whose wife, JoAnn, also volunteers her time for the success of the program.

Neilon also credits the volunteers for helping sustain teen court, but Neilon sees more happening with the restorative justice experiment-become-successful program.

Hard data, for instance.

"We will look at outcome-studies," said Neilon, an obvious realist in the criminal justice world of trends, fads, new programs and old ones, too.

Neilon likes the "tweaking" already done to the program. That includes, the mandatory teen decision-making class and the debut of victims' impact statements.

He wants to study the hard data about the participants, their crimes and other results of the experience. Maybe, input from the families and the victims.

That new element involving victims' impact statements is being watched closely. How the youths react to hearing from the people they victimized must be considered.

But already, it seems clear: Mower County has something that works. It doesn't matter that other counties are still waffling about their participation.

Neilon doesn't mind.

"Sometimes you have to be a little progressive," he said of Mower County's decision to embrace the new program.

Teen court attempts to be just that: progressive for the youths, their families and the community.

It's really such a simple idea as Strey explained.

"They need to have a little understanding for their problems and that's what teen court offers them," Strey said. "We try to keep them out of trouble, too. That's what teen court is all about."

Lee Bonorden can be contacted at 434-2232 or by e-mail at lee.bonorden@austindailyherald.com