District Of Columbia 2025-2026 Regular Session

District Of Columbia Council Bill B26-0186 Compare Versions

Only one version of the bill is available at this time.
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22 COUNCIL OF THE DISTRICT OF COLUMBIA
33 OFFICE OF COUNCILMEMBER BROOKE PINTO
44 THE JOHN A. WILSON BUILDING
55 1350 PENNSYLVANIA AVENUE, N.W., SUITE 106
66 WASHINGTON, D.C. 20004
77
88 March 24, 2025
99 Nyasha Howard, Secretary
1010
1111 Council of the District of Columbia
1212 1350 Pennsylvania Avenue, N.W.
1313 Washington, DC 20004
1414 Dear Secretary Howard,
1515 Today, along with Councilmembers Charles Allen and Anita Bonds, I am pleased to introduce the
1616 “Justice-Involved Youth in Community Act of 2025.” This legislation establishes a program t o
1717 pair a Trusted Adult with youth assigned to Deferred Disposition Agreements (DDAs), Deferred
1818 Prosecution Agreements (DPAs), or Consent Decrees (CDs)
1919 i
2020 to provide intensive, wholistic
2121 support to youth during the length of the agreement. The bill ensur es youth who are assigned
2222 DDAs, DPAs, or CDs receive the support needed to comply with the requirements of their
2323 respective agreements and address root causes that may have contributed to their justice system
2424 involvement or may present barriers to rehabilitation.
2525 The Office of the Attorney General (OAG) enters into these agreements with youth as an
2626 alternative to prosecution or being held. Y outh who are given DDAs or DPAs must complete the
2727 requirements of the agreement in order to avoid prosecution or sentencing. Youth on these
2828 agreements must plead guilty in addition to completing the agreement.
2929 ii
3030
3131
3232 In 2023, there were 443 active DDAs, DPAs, and CDs for violent, dangerous, property, and other
3333 offenses, including 171 for violent offenses and 118 for dangerous offenses.
3434 iii
3535 As of December
3636 2023, 172 youth had completed their respective agreements ; however, 89 agreements were
3737 revoked because the youth did not comply with the requirements of the agreement. Many of these
3838 youth need more assistance to address the factors prohibiting them from complying with the terms
3939 of the agreement and to set them up for long- term success.
4040
4141 The current structure of the DDA, DPA, CD programs act as a checkpoint between the youth,
4242 probation officer, and the courts but do not provide resources to help youth comply. With this
4343 structure, the root cause of youth involvement in the juvenile court system is not adequately
4444 addressed, thus possibly contributing to further involvement in the justice system.
4545
4646 The Justice- Involved Youth in Community Act will provide more support to youth through a n
4747 assigned. Trusted Adult, as well as provide enhanced coordination between the Trusted Adult,
4848 probation officers, and OAG to ensure youth successfully complete the agreements and do not
4949 become justice involved again.
5050
5151 The program would be structured as follows:
5252
5353
5454
5555 • Program Eligibility – OAG will refer the highest need, highest risk youth for participation in
5656 the program and require in the DDA, DPA, or CD that the youth participate in the program and
5757 attend all scheduled meetings with their Trusted Adult. Initial program participation will be
5858 limited to 50 participants.
5959 • Qualifications of the Trusted Adult – Trusted Adults working with youth should have a
6060 background or training in some of the following areas: Cognitive Behavioral Therapy (CBT),
6161 Hope Theory, Dialectical Behavior Therapy (DBT), crisis intervention, motivational
6262 interviews, m entorship, advocacy , social work, community health, and cultural competency.
6363
6464 • Types of Resources and Support Provided to Youth – The Trusted Adult will provide
6565 actionable support in school attendance and academics; accessing and navigating
6666 transportation for school, healthcare appointments, after school activities, and meetings
6767 required under the agreement; household applications for food assistance, income assistance,
6868 housing assistance, or other social welfare programs; and other resources as needed.
6969
7070 • Ensuring Compliance with DPA/ DDA/CD – The program will require monthly, documented
7171 communication and follow-up between the Trusted Adult, the probation officer, and OAG to
7272 ensure the youth is meeting the terms of their agreement and receiving the support they need.
7373 If a youth is noncompliant with the terms of their DPA, DDA, or CD, then OAG will be
7474 required to proceed with prosecution, disposition, or commitment .
7575 This legislation represents an opportunity to ensure youth have the appropriate and necessary
7676 resources they need to thrive long-term.
7777 Should you have any questions about this legislation, please contact my Committee and Legislative
7878 Director, Linn Groft, at lgroft@dccouncil.gov.
7979 Thank you,
8080
8181 Brooke Pinto
8282 Councilmember, Ward 2
8383 Chairwoman, Committee on the Judiciary and Public Safety
8484 Council of the District of Columbia
8585
8686 i
8787 A Deferred Disposition Agreement is an agreement between the prosecutor and the respondent youth where the
8888 respondent pleads guilty, but disposition is not entered, provided that the respondent completes the terms of the
8989 agreement. A Deferred Prosecution Agreement is an agreement between the prosecutor and the respondent where
9090 the prosecutor will defer further prosecution of a case after filing charges, provided that the respondent completes
9191 the terms of the agreement. In both agreements, if the respondent does not comply with the terms, the Court will
9292 move forward with the sentencing or prosecution of the case. See Criminal Justice Coordinating Council (December
9393 2023) available here. A Consent Decree is a court order that suspends juvenile delinquency proceedings prior to any
9494
9595
9696
9797
9898
9999 plea or factfinding hearing and usually remains in effect for six months. See D.C. Code § 16– 2314, Super. Ct. Juv.
100100 Rule 104.
101101 ii
102102 Criminal Justice Coordinating Council ( December 2023), available here.
103103 iii
104104 Criminal Justice Coordinating Council (December 2023), available here.
105105
106106
107107 1
108108
109109 _____________________________ _________________________ 1
110110 Councilmember Charles Allen Councilmember Brooke Pinto 2
111111 3
112112 4
113113 _____________________________ 5
114114 Councilmember Anita Bonds 6
115115 7
116116 8
117117 9
118118 A BILL 10
119119 11
120120 _________________________ 12
121121 13
122122 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 14
123123 15
124124 _________________________ 16
125125 17
126126 18
127127 To establish a program to provide a trusted adult to offer intensive wraparound support to 19
128128 participating youth with a deferred disposition agreement, deferred prosecution 20
129129 agreement, or consent decree for the length of the agreement 21
130130 22
131131 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 23
132132 act may be cited as the “Justice -Involved Youth in Community Act of 2025”. 24
133133 Sec. 2. Definitions. 25
134134 For the purposes of this act, the term: 26
135135 (a) “Consent decree” has the same meaning as in D.C. Code §16- 2314. 27
136136 (b) “Deferred disposition agreement” means an agreement between the prosecutor and 28
137137 the respondent wherein the respondent pleads guilty, but the disposition is not entered, provided 29
138138 that the respondent completes the terms of the agreement. If the respondent does not successfully 30
139139 comply with the terms of the agreement, the respondent moves to disposition. 31
140140 (c) “Deferred prosecution agreement” means an agreement between the prosecutor and 32
141141 the respondent wherein the prosecutor will defer further prosecution of a case after filing 33
142142
143143
144144 2
145145
146146 charges, provided that the respondent completes the terms of the agreement. If the respondent 34
147147 does not successfully comply with the terms of the agreement, prosecution of the case will 35
148148 resume. 36
149149 (e) “Eligible participant” means a youth who has been referred by the Office of the 37
150150 Attorney General (“OAG”) for participation in the P rogram. 38
151151 (d) “Program” means the program established in this act. 39
152152 (e) “Trusted adult” means a person 18 years of age or older assigned by the program 40
153153 administrator, in consultation with OAG, to a youth who has entered into a deferred disposition 41
154154 agreement, deferred prosecution agreement, or consent decree for the length of the court 42
155155 agreement, with determined qualifications, including: 43
156156 (1) Demonstrated training, certification, or other qualifying experience in one or 44
157157 more of the following areas: behavioral health, social work, psychology, community health, 45
158158 youth programming, or cultural competency; or 46
159159 (2) Demonstrated prior experience as a Community Health Worker, pretrial credible 47
160160 messenger, Department of Human Services truancy program staffer, or DC Peace Academy 48
161161 participant. 49
162162 Sec. 3. Establishment of the program. 50
163163 There is established a program, to be administered by the relevant agency in consultation 51
164164 with the Mayor, which shall build out the P rogram, offer any needed trainings, and ensure the 52
165165 proper qualifications and professional certifications of a T rusted Adult to offer intensive 53
166166 wraparound support to up to 50 participating youth with a deferred disposition agreement, 54
167167 deferred prosecution agreement, or consent decree for the length of the agreement. 55
168168 Sec. 4. Means of enrollment. 56
169169
170170
171171 3
172172
173173 The Office of the Attorney General for the District of Columbia shall refer eligible 57
174174 participants to the P rogram and require that the youth participate in the P rogram, including 58
175175 requiring mandatory attendance to all scheduled meeting with their assigned Trusted A dult. 59
176176 Sec. 5. Program details. 60
177177 (a) OAG shall identify and refer participants to the P rogram. OAG shall consider the 61
178178 following criteria in identifying the highest risk, highest need youth for participation: 62
179179 (1) Whether the youth has been charged with a violent or dangerous offense; 63
180180 (2) Whether the youth has previously entered a deferred disposition agreement, 64
181181 deferred prosecution agreement, consent decree, or a conviction; 65
182182 (3) Whether the youth has been arrested while on an active deferred disposition 66
183183 agreement, deferred prosecution agreement, or consent decree; 67
184184 (4) Whether the youth has been grade-retained in school within the last two 68
185185 years; 69
186186 (5) Whether the youth has been determined to be chronically absent in the current 70
187187 or preceding school year; 71
188188 (6) Whether the youth has experienced homelessness; 72
189189 (7) Any other factors that the Office of the Attorney General determines to be 73
190190 indicative that the youth needs additional support and resources for the length of the court 74
191191 agreement. 75
192192 (b) The T rusted Adult shall be selected for the P rogram based on qualifications 76
193193 determined by the administering agency in consultation with OAG. 77
194194 (c) The T rusted A dult shall be assigned to no more than two participating youth at a time. 78
195195 (d) The T rusted Adult shall provide actionable support to assigned participants for the 79
196196
197197
198198 4
199199
200200 following as needed : 80
201201 (1) S chool attendance through engagement with the youth, their family , and their 81
202202 school; 82
203203 (2) Accessing and navigating transportation to and from school, out -of-school-time 83
204204 activities, and employment opportunities; 84
205205 (3) Applying to out -of-school-time programs or employment opportunities for the 85
206206 school year and summer; 86
207207 (4) Scheduling and managing healthcare appointments , including medical, dental, 87
208208 and behavioral health appointments; 88
209209 (5) Accessing and navigating transportation to and from healthcare appointments , 89
210210 including medical, dental, and behavioral health appointments; 90
211211 (6) Accessing and navigating transportation to and from appointments or meetings 91
212212 required under the deferred disposition agreement, deferred prosecution agreement, or consent 92
213213 decree; 93
214214 (7) Tutoring services or other academic supports; 94
215215 (8) H ousehold access to food assistance, income assistance, housing assistance, or 95
216216 other local or federal social safety net programs; 96
217217 (9) A pplications to post-secondary opportunities as appropriate; 97
218218 (10) Household access to affordable childcare or dependent care; 98
219219
220220
221221 5
222222
223223 (11) Planning for ongoing engagement in out-of-school-time activities, tutoring, 99
224224 post-secondary opportunities, and other activities once the terms of the deferred disposition 100
225225 agreement, deferred prosecution agreement, or consent decree are completed and P rogram 101
226226 participation ends; and 102
227227 (12) O ther resources and supports as needed. 103
228228 Sec. 6. Tracking c ompliance. 104
229229 (a) OAG shall require monthly documented communication and follow -up between th e 105
230230 Trusted Adult , the probation officer, and OAG as to whether the youth is meeting the terms of 106
231231 the agreement as related to the requirement that the youth participate in the Program. 107
232232 (b) Beginning three months after the establishment of the Program and quarterly thereafter, 108
233233 aggregate data on compliance and noncompliance collected in subsection (a) of this section shall 109
234234 be shared with the Criminal Justice Coordinating Council. 110
235235 Sec. 7. Substantive noncompliance with deferred disposition agreements, deferred 111
236236 prosecution agreements, and consent decrees. 112
237237 (a) If OAG enters into a deferred disposition agreement and the youth offender is 113
238238 subsequently deemed substantively noncompliant with the requirements of the agreement, OAG 114
239239 shall revoke the agreement and proceed with disposition as if the deferred disposition agreement 115
240240 had never been entered. 116
241241 (b) If OAG enters into a deferred prosecution agreement with a youth offender and the 117
242242 youth offender is subsequently deemed substantively noncompliant with the requirements of the 118
243243 agreement, OAG shall revoke the agreement and proceed with prosecution as if the deferred 119
244244 prosecution agreement had never been entered. 120
245245
246246
247247 6
248248
249249 (c) If OAG enters into a consent decree with a youth offender and the youth offender is 121
250250 subsequently deemed substantively noncompliant with the requirements of the agreement, OAG 122
251251 shall revoke the agreement and proceed with commitment as if the consent decree had never 123
252252 been entered. 124
253253 Sec. 8. Fiscal impact statement. 125
254254 The Council adopts the fiscal impact statement in the Budget Director as the fiscal impact 126
255255 statement required by section 4a of the General Legislative Procedures Act of 1975, approved 127
256256 October 16, 2006 (12 Stat. 2038; D.C. Official Code § 1- 301.47a). 128
257257 Sec. 9. Effective date 129
258258 This act shall take effect following approval by the Mayor (or in the event of veto by the 130
259259 Mayor, action by the Council to override the veto), a 30- day period of congressional review as 131
260260 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 132
261261 24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)), and publication in the District of 133
262262 Columbia Register. 134