Judges, juvenile probation counselors, attorneys, social workers, and youth advocates refer young people to the program. Youth then choose whether or not to participate.

Creative Justice acknowledges that the court process compounds existing systemic burdens, such as poverty and racism, with fines and other requirements. Rather than penalizing youth for being late or missing a class, Creative Justice focuses on using incentives like stipends, relationships with mentor artists, and content relevant to their lives to keep participants engaged.