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