1 | 1 | | |
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2 | 2 | | COUNCIL OF THE DISTRICT OF COLUMBIA |
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3 | 3 | | OFFICE OF COUNCILMEMBER BROOKE PINTO |
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4 | 4 | | THE JOHN A. WILSON BUILDING |
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5 | 5 | | 1350 PENNSYLVANIA AVENUE, N.W., SUITE 106 |
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6 | 6 | | WASHINGTON, D.C. 20004 |
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7 | 7 | | |
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8 | 8 | | March 24, 2025 |
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9 | 9 | | Nyasha Howard, Secretary |
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10 | 10 | | |
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11 | 11 | | Council of the District of Columbia |
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12 | 12 | | 1350 Pennsylvania Avenue, N.W. |
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13 | 13 | | Washington, DC 20004 |
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14 | 14 | | Dear Secretary Howard, |
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15 | 15 | | Today, along with Councilmembers Charles Allen and Anita Bonds, I am pleased to introduce the |
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16 | 16 | | “Justice-Involved Youth in Community Act of 2025.” This legislation establishes a program t o |
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17 | 17 | | pair a Trusted Adult with youth assigned to Deferred Disposition Agreements (DDAs), Deferred |
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18 | 18 | | Prosecution Agreements (DPAs), or Consent Decrees (CDs) |
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19 | 19 | | i |
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20 | 20 | | to provide intensive, wholistic |
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21 | 21 | | support to youth during the length of the agreement. The bill ensur es youth who are assigned |
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22 | 22 | | DDAs, DPAs, or CDs receive the support needed to comply with the requirements of their |
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23 | 23 | | respective agreements and address root causes that may have contributed to their justice system |
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24 | 24 | | involvement or may present barriers to rehabilitation. |
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25 | 25 | | The Office of the Attorney General (OAG) enters into these agreements with youth as an |
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26 | 26 | | alternative to prosecution or being held. Y outh who are given DDAs or DPAs must complete the |
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27 | 27 | | requirements of the agreement in order to avoid prosecution or sentencing. Youth on these |
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28 | 28 | | agreements must plead guilty in addition to completing the agreement. |
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29 | 29 | | ii |
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30 | 30 | | |
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31 | 31 | | |
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32 | 32 | | In 2023, there were 443 active DDAs, DPAs, and CDs for violent, dangerous, property, and other |
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33 | 33 | | offenses, including 171 for violent offenses and 118 for dangerous offenses. |
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34 | 34 | | iii |
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35 | 35 | | As of December |
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36 | 36 | | 2023, 172 youth had completed their respective agreements ; however, 89 agreements were |
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37 | 37 | | revoked because the youth did not comply with the requirements of the agreement. Many of these |
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38 | 38 | | youth need more assistance to address the factors prohibiting them from complying with the terms |
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39 | 39 | | of the agreement and to set them up for long- term success. |
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40 | 40 | | |
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41 | 41 | | The current structure of the DDA, DPA, CD programs act as a checkpoint between the youth, |
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42 | 42 | | probation officer, and the courts but do not provide resources to help youth comply. With this |
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43 | 43 | | structure, the root cause of youth involvement in the juvenile court system is not adequately |
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44 | 44 | | addressed, thus possibly contributing to further involvement in the justice system. |
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45 | 45 | | |
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46 | 46 | | The Justice- Involved Youth in Community Act will provide more support to youth through a n |
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47 | 47 | | assigned. Trusted Adult, as well as provide enhanced coordination between the Trusted Adult, |
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48 | 48 | | probation officers, and OAG to ensure youth successfully complete the agreements and do not |
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49 | 49 | | become justice involved again. |
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50 | 50 | | |
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51 | 51 | | The program would be structured as follows: |
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52 | 52 | | |
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53 | 53 | | |
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54 | 54 | | |
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55 | 55 | | • Program Eligibility – OAG will refer the highest need, highest risk youth for participation in |
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56 | 56 | | the program and require in the DDA, DPA, or CD that the youth participate in the program and |
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57 | 57 | | attend all scheduled meetings with their Trusted Adult. Initial program participation will be |
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58 | 58 | | limited to 50 participants. |
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59 | 59 | | • Qualifications of the Trusted Adult – Trusted Adults working with youth should have a |
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60 | 60 | | background or training in some of the following areas: Cognitive Behavioral Therapy (CBT), |
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61 | 61 | | Hope Theory, Dialectical Behavior Therapy (DBT), crisis intervention, motivational |
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62 | 62 | | interviews, m entorship, advocacy , social work, community health, and cultural competency. |
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63 | 63 | | |
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64 | 64 | | • Types of Resources and Support Provided to Youth – The Trusted Adult will provide |
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65 | 65 | | actionable support in school attendance and academics; accessing and navigating |
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66 | 66 | | transportation for school, healthcare appointments, after school activities, and meetings |
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67 | 67 | | required under the agreement; household applications for food assistance, income assistance, |
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68 | 68 | | housing assistance, or other social welfare programs; and other resources as needed. |
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69 | 69 | | |
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70 | 70 | | • Ensuring Compliance with DPA/ DDA/CD – The program will require monthly, documented |
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71 | 71 | | communication and follow-up between the Trusted Adult, the probation officer, and OAG to |
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72 | 72 | | ensure the youth is meeting the terms of their agreement and receiving the support they need. |
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73 | 73 | | If a youth is noncompliant with the terms of their DPA, DDA, or CD, then OAG will be |
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74 | 74 | | required to proceed with prosecution, disposition, or commitment . |
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75 | 75 | | This legislation represents an opportunity to ensure youth have the appropriate and necessary |
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76 | 76 | | resources they need to thrive long-term. |
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77 | 77 | | Should you have any questions about this legislation, please contact my Committee and Legislative |
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78 | 78 | | Director, Linn Groft, at lgroft@dccouncil.gov. |
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79 | 79 | | Thank you, |
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80 | 80 | | |
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81 | 81 | | Brooke Pinto |
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82 | 82 | | Councilmember, Ward 2 |
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83 | 83 | | Chairwoman, Committee on the Judiciary and Public Safety |
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84 | 84 | | Council of the District of Columbia |
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85 | 85 | | |
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86 | 86 | | i |
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87 | 87 | | A Deferred Disposition Agreement is an agreement between the prosecutor and the respondent youth where the |
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88 | 88 | | respondent pleads guilty, but disposition is not entered, provided that the respondent completes the terms of the |
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89 | 89 | | agreement. A Deferred Prosecution Agreement is an agreement between the prosecutor and the respondent where |
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90 | 90 | | the prosecutor will defer further prosecution of a case after filing charges, provided that the respondent completes |
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91 | 91 | | the terms of the agreement. In both agreements, if the respondent does not comply with the terms, the Court will |
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92 | 92 | | move forward with the sentencing or prosecution of the case. See Criminal Justice Coordinating Council (December |
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93 | 93 | | 2023) available here. A Consent Decree is a court order that suspends juvenile delinquency proceedings prior to any |
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94 | 94 | | |
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95 | 95 | | |
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96 | 96 | | |
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97 | 97 | | |
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98 | 98 | | |
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99 | 99 | | plea or factfinding hearing and usually remains in effect for six months. See D.C. Code § 16– 2314, Super. Ct. Juv. |
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100 | 100 | | Rule 104. |
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101 | 101 | | ii |
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102 | 102 | | Criminal Justice Coordinating Council ( December 2023), available here. |
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103 | 103 | | iii |
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104 | 104 | | Criminal Justice Coordinating Council (December 2023), available here. |
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105 | 105 | | |
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106 | 106 | | |
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107 | 107 | | 1 |
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108 | 108 | | |
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109 | 109 | | _____________________________ _________________________ 1 |
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110 | 110 | | Councilmember Charles Allen Councilmember Brooke Pinto 2 |
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111 | 111 | | 3 |
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112 | 112 | | 4 |
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113 | 113 | | _____________________________ 5 |
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114 | 114 | | Councilmember Anita Bonds 6 |
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115 | 115 | | 7 |
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116 | 116 | | 8 |
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117 | 117 | | 9 |
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118 | 118 | | A BILL 10 |
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119 | 119 | | 11 |
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120 | 120 | | _________________________ 12 |
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121 | 121 | | 13 |
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122 | 122 | | IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 14 |
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123 | 123 | | 15 |
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124 | 124 | | _________________________ 16 |
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125 | 125 | | 17 |
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126 | 126 | | 18 |
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127 | 127 | | To establish a program to provide a trusted adult to offer intensive wraparound support to 19 |
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128 | 128 | | participating youth with a deferred disposition agreement, deferred prosecution 20 |
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129 | 129 | | agreement, or consent decree for the length of the agreement 21 |
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130 | 130 | | 22 |
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131 | 131 | | BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 23 |
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132 | 132 | | act may be cited as the “Justice -Involved Youth in Community Act of 2025”. 24 |
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133 | 133 | | Sec. 2. Definitions. 25 |
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134 | 134 | | For the purposes of this act, the term: 26 |
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135 | 135 | | (a) “Consent decree” has the same meaning as in D.C. Code §16- 2314. 27 |
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136 | 136 | | (b) “Deferred disposition agreement” means an agreement between the prosecutor and 28 |
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137 | 137 | | the respondent wherein the respondent pleads guilty, but the disposition is not entered, provided 29 |
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138 | 138 | | that the respondent completes the terms of the agreement. If the respondent does not successfully 30 |
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139 | 139 | | comply with the terms of the agreement, the respondent moves to disposition. 31 |
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140 | 140 | | (c) “Deferred prosecution agreement” means an agreement between the prosecutor and 32 |
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141 | 141 | | the respondent wherein the prosecutor will defer further prosecution of a case after filing 33 |
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142 | 142 | | |
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143 | 143 | | |
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144 | 144 | | 2 |
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145 | 145 | | |
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146 | 146 | | charges, provided that the respondent completes the terms of the agreement. If the respondent 34 |
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147 | 147 | | does not successfully comply with the terms of the agreement, prosecution of the case will 35 |
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148 | 148 | | resume. 36 |
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149 | 149 | | (e) “Eligible participant” means a youth who has been referred by the Office of the 37 |
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150 | 150 | | Attorney General (“OAG”) for participation in the P rogram. 38 |
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151 | 151 | | (d) “Program” means the program established in this act. 39 |
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152 | 152 | | (e) “Trusted adult” means a person 18 years of age or older assigned by the program 40 |
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153 | 153 | | administrator, in consultation with OAG, to a youth who has entered into a deferred disposition 41 |
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154 | 154 | | agreement, deferred prosecution agreement, or consent decree for the length of the court 42 |
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155 | 155 | | agreement, with determined qualifications, including: 43 |
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156 | 156 | | (1) Demonstrated training, certification, or other qualifying experience in one or 44 |
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157 | 157 | | more of the following areas: behavioral health, social work, psychology, community health, 45 |
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158 | 158 | | youth programming, or cultural competency; or 46 |
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159 | 159 | | (2) Demonstrated prior experience as a Community Health Worker, pretrial credible 47 |
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160 | 160 | | messenger, Department of Human Services truancy program staffer, or DC Peace Academy 48 |
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161 | 161 | | participant. 49 |
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162 | 162 | | Sec. 3. Establishment of the program. 50 |
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163 | 163 | | There is established a program, to be administered by the relevant agency in consultation 51 |
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164 | 164 | | with the Mayor, which shall build out the P rogram, offer any needed trainings, and ensure the 52 |
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165 | 165 | | proper qualifications and professional certifications of a T rusted Adult to offer intensive 53 |
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166 | 166 | | wraparound support to up to 50 participating youth with a deferred disposition agreement, 54 |
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167 | 167 | | deferred prosecution agreement, or consent decree for the length of the agreement. 55 |
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168 | 168 | | Sec. 4. Means of enrollment. 56 |
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169 | 169 | | |
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170 | 170 | | |
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171 | 171 | | 3 |
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172 | 172 | | |
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173 | 173 | | The Office of the Attorney General for the District of Columbia shall refer eligible 57 |
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174 | 174 | | participants to the P rogram and require that the youth participate in the P rogram, including 58 |
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175 | 175 | | requiring mandatory attendance to all scheduled meeting with their assigned Trusted A dult. 59 |
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176 | 176 | | Sec. 5. Program details. 60 |
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177 | 177 | | (a) OAG shall identify and refer participants to the P rogram. OAG shall consider the 61 |
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178 | 178 | | following criteria in identifying the highest risk, highest need youth for participation: 62 |
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179 | 179 | | (1) Whether the youth has been charged with a violent or dangerous offense; 63 |
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180 | 180 | | (2) Whether the youth has previously entered a deferred disposition agreement, 64 |
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181 | 181 | | deferred prosecution agreement, consent decree, or a conviction; 65 |
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182 | 182 | | (3) Whether the youth has been arrested while on an active deferred disposition 66 |
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183 | 183 | | agreement, deferred prosecution agreement, or consent decree; 67 |
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184 | 184 | | (4) Whether the youth has been grade-retained in school within the last two 68 |
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185 | 185 | | years; 69 |
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186 | 186 | | (5) Whether the youth has been determined to be chronically absent in the current 70 |
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187 | 187 | | or preceding school year; 71 |
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188 | 188 | | (6) Whether the youth has experienced homelessness; 72 |
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189 | 189 | | (7) Any other factors that the Office of the Attorney General determines to be 73 |
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190 | 190 | | indicative that the youth needs additional support and resources for the length of the court 74 |
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191 | 191 | | agreement. 75 |
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192 | 192 | | (b) The T rusted Adult shall be selected for the P rogram based on qualifications 76 |
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193 | 193 | | determined by the administering agency in consultation with OAG. 77 |
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194 | 194 | | (c) The T rusted A dult shall be assigned to no more than two participating youth at a time. 78 |
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195 | 195 | | (d) The T rusted Adult shall provide actionable support to assigned participants for the 79 |
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196 | 196 | | |
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197 | 197 | | |
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198 | 198 | | 4 |
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199 | 199 | | |
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200 | 200 | | following as needed : 80 |
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201 | 201 | | (1) S chool attendance through engagement with the youth, their family , and their 81 |
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202 | 202 | | school; 82 |
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203 | 203 | | (2) Accessing and navigating transportation to and from school, out -of-school-time 83 |
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204 | 204 | | activities, and employment opportunities; 84 |
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205 | 205 | | (3) Applying to out -of-school-time programs or employment opportunities for the 85 |
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206 | 206 | | school year and summer; 86 |
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207 | 207 | | (4) Scheduling and managing healthcare appointments , including medical, dental, 87 |
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208 | 208 | | and behavioral health appointments; 88 |
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209 | 209 | | (5) Accessing and navigating transportation to and from healthcare appointments , 89 |
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210 | 210 | | including medical, dental, and behavioral health appointments; 90 |
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211 | 211 | | (6) Accessing and navigating transportation to and from appointments or meetings 91 |
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212 | 212 | | required under the deferred disposition agreement, deferred prosecution agreement, or consent 92 |
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213 | 213 | | decree; 93 |
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214 | 214 | | (7) Tutoring services or other academic supports; 94 |
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215 | 215 | | (8) H ousehold access to food assistance, income assistance, housing assistance, or 95 |
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216 | 216 | | other local or federal social safety net programs; 96 |
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217 | 217 | | (9) A pplications to post-secondary opportunities as appropriate; 97 |
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218 | 218 | | (10) Household access to affordable childcare or dependent care; 98 |
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219 | 219 | | |
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220 | 220 | | |
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221 | 221 | | 5 |
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222 | 222 | | |
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223 | 223 | | (11) Planning for ongoing engagement in out-of-school-time activities, tutoring, 99 |
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224 | 224 | | post-secondary opportunities, and other activities once the terms of the deferred disposition 100 |
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225 | 225 | | agreement, deferred prosecution agreement, or consent decree are completed and P rogram 101 |
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226 | 226 | | participation ends; and 102 |
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227 | 227 | | (12) O ther resources and supports as needed. 103 |
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228 | 228 | | Sec. 6. Tracking c ompliance. 104 |
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229 | 229 | | (a) OAG shall require monthly documented communication and follow -up between th e 105 |
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230 | 230 | | Trusted Adult , the probation officer, and OAG as to whether the youth is meeting the terms of 106 |
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231 | 231 | | the agreement as related to the requirement that the youth participate in the Program. 107 |
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232 | 232 | | (b) Beginning three months after the establishment of the Program and quarterly thereafter, 108 |
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233 | 233 | | aggregate data on compliance and noncompliance collected in subsection (a) of this section shall 109 |
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234 | 234 | | be shared with the Criminal Justice Coordinating Council. 110 |
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235 | 235 | | Sec. 7. Substantive noncompliance with deferred disposition agreements, deferred 111 |
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236 | 236 | | prosecution agreements, and consent decrees. 112 |
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237 | 237 | | (a) If OAG enters into a deferred disposition agreement and the youth offender is 113 |
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238 | 238 | | subsequently deemed substantively noncompliant with the requirements of the agreement, OAG 114 |
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239 | 239 | | shall revoke the agreement and proceed with disposition as if the deferred disposition agreement 115 |
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240 | 240 | | had never been entered. 116 |
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241 | 241 | | (b) If OAG enters into a deferred prosecution agreement with a youth offender and the 117 |
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242 | 242 | | youth offender is subsequently deemed substantively noncompliant with the requirements of the 118 |
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243 | 243 | | agreement, OAG shall revoke the agreement and proceed with prosecution as if the deferred 119 |
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244 | 244 | | prosecution agreement had never been entered. 120 |
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245 | 245 | | |
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246 | 246 | | |
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247 | 247 | | 6 |
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248 | 248 | | |
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249 | 249 | | (c) If OAG enters into a consent decree with a youth offender and the youth offender is 121 |
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250 | 250 | | subsequently deemed substantively noncompliant with the requirements of the agreement, OAG 122 |
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251 | 251 | | shall revoke the agreement and proceed with commitment as if the consent decree had never 123 |
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252 | 252 | | been entered. 124 |
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253 | 253 | | Sec. 8. Fiscal impact statement. 125 |
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254 | 254 | | The Council adopts the fiscal impact statement in the Budget Director as the fiscal impact 126 |
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255 | 255 | | statement required by section 4a of the General Legislative Procedures Act of 1975, approved 127 |
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256 | 256 | | October 16, 2006 (12 Stat. 2038; D.C. Official Code § 1- 301.47a). 128 |
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257 | 257 | | Sec. 9. Effective date 129 |
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258 | 258 | | This act shall take effect following approval by the Mayor (or in the event of veto by the 130 |
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259 | 259 | | Mayor, action by the Council to override the veto), a 30- day period of congressional review as 131 |
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260 | 260 | | provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 132 |
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261 | 261 | | 24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)), and publication in the District of 133 |
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262 | 262 | | Columbia Register. 134 |
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