D.C. Law 25-321. Recidivism Reduction at DYRS Amendment Act of 2024.

AN ACT

To amend the District of Columbia Auditor Subpoena and Oath Authority Act of 2004 to require the District of Columbia Auditor to regularly monitor and publicly report on Department of Youth Rehabilitation Services facilities and the completeness and timeliness of individualized rehabilitation plans; to amend the Department of Youth Rehabilitation Services Establishment Act of 2004 to expressly provide for the Department of Youth Rehabilitation Services' duties to include developing and updating individualized rehabilitation plans, monitoring and ensuring safety of contracted facilities, and conducting oversight of facility compliance; to amend Chapter 23 of Title 16 of the District of Columbia Official Code to increase accountability and oversight of the Department of Youth Rehabilitation Services and to reform its supervision and intervention practices, to require the Department of Youth Rehabilitation Services, prior to a dispositional hearing, to develop and complete an individualized rehabilitation plan to aid in decreased risk of recidivism, implement the plan upon commitment and placement, and regularly update the plan as necessary, to require the Department of Youth Rehabilitation Services to develop a discharge and reentry plan within 60 days of a child's admittance into a placement outside the child's family's, guardian's, or custodian's home, and to allow a petition to modify a dispositional order to be filed no more frequently than every 4 months if the child is not receiving appropriate services or placement designed to reduce recidivism based on the individualized rehabilitation plan; and to require the Mayor to submit to the Council a plan to create a unified juvenile justice system in the District of Columbia by no later than one year after the applicability date of that provision, and to require the Mayor to submit a report to the Council evaluating the feasibility of constructing and operating a Psychiatric Residential Treatment Facility by no later than 2 years after the effective date of this act.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Recidivism Reduction at DYRS Amendment Act of 2024".

Sec. 2. The District of Columbia Auditor Subpoena and Oath Authority Act of 2004, effective April 22, 2004 (D.C. Law 15-146; D.C. Official Code § 1-301.171 et seq.), is amended by adding a new section 4d to read as follows:

"Sec. 4d. Oversight of juvenile justice facilities.

"(a) For purposes of this section, the term:

"(1) "Consent Decree" means the consent decree approved on July 24, 1986, in Jerry M. v. District of Columbia, Superior Court of the District of Columbia Civil Action No. 1519-85 ("Jerry M.").

"(2) "Department" means the Department of Youth Rehabilitation Services established by section 102 of the Department of Youth Rehabilitation Services Establishment Act of 2004, effective April 12, 2005 (D.C. Law 15-335; D.C. Official Code § 2-1515.02).

"(3) "Facilities" means any youth residential facility, group home, foster home, shelter, secure residential or institutional placement owned by, operated by, under contract with, or otherwise used by the Department to place a child outside the child's parent's or guardian's residence.

"(4) "Work Plan" means the Final Approved Amended Comprehensive Work Plan approved by order dated December 12, 2007, as subsequently modified, in Jerry M.

"(b) The Office of the District of Columbia Auditor shall:

"(1) Regularly monitor and publicly report on the durability of the reforms implemented by the Department achieved under the Work Plan and Consent Decree negotiated to resolve Jerry M., and the Department's progress in achieving work plan goals, including critical work plan indicators, that the Department did not achieve prior to January 6, 2021, which may include providing housing for discrete populations, meeting standards to ensure all facilities are safe and humane, and providing free and appropriate education; and

"(2) Monitor and publicly report on the completeness and timeliness, based on a prima facie review, of individualized rehabilitation plans developed by the Department pursuant to D.C. Official Code § 16-2319.".

Sec. 3. The Department of Youth Rehabilitation Services Establishment Act of 2004, effective April 12, 2005 (D.C. Law 15-335; D.C. Official Code § 2-1515.01 et seq.), is amended as follows:

(a) Section 101 (D.C. Official Code § 2-1515.01) is amended as follows:

(1) Paragraph (9B) is redesignated as paragraph (9C).

(2) A new paragraph (9B) is added to read as follows:

"(9B) "Individualized rehabilitation plan" means a written plan, developed and completed pursuant to D.C. Official Code § 16-2319, with clearly identified goals that are based upon a review of all pertinent circumstances in the child's background, including:

"(A) The child's criminal risk factors and criminogenic needs, as identified and evaluated through a validated risk and needs assessment;

"(B) The child's rehabilitative goals;

"(C) Rehabilitative services that should be provided for the child as needed, which may include those to address family engagement, education, disability, trauma history, mental and behavioral health, physical health, economic and housing needs; and

"(D) The level of placement and placement options.".

(4) A new paragraph (10A) is added to read as follows:

"(10A) "Predisposition meeting" means a meeting conducted pursuant to D.C. Official Code § 16-2319 for a child for whom a recommendation to commit has been received by the Department to review a child's validated risk and needs assessment and to begin the development of an individualized rehabilitation plan for the child at which the Department shall:

"(A) Allow the child, the child's attorney, the child's parent, guardian, or custodian, the Department pre-commitment worker, a Court Social Services representative, a Child and Family Services Agency representative, if relevant, or any other individual requested by the Department the opportunity to participate; and

"(B) Review all pertinent circumstances in the child's background and shared with participants to begin the development of the individualized rehabilitation plan.".

(5) Paragraph (11) is amended to read as follows:

"(11) "Rehabilitative services" means services designed to reduce the risk of recidivism and assist youth in acquiring, retaining, and improving their socialization, behavioral, and generic competency skills.".

(6) A new paragraph (11B) is added to read as follows:

"(11B) "Validated risk and needs assessment" means an instrument demonstrated by scientific research to be accurate and reliable in assessing the criminal risk factors and criminogenic needs of a child that, if addressed, should reduce the child's likelihood of reoffending.".

(b) Section 104 (D.C. Official Code § 2-1515.04) is amended as follows:

(1) Paragraph (9) is amended by striking the phrase "and facilities;" and inserting the phrase "and facilities, including monitoring the conditions of Department-contracted community facilities, including shelter homes, group homes, residential facilities, and therapeutic foster care placements, whether within or outside the District, and those facilities' obligation to provide for the health, safety, and welfare of youth;" in its place.

(2) Paragraph (12) is amended by striking the phrase "and the rehabilitative needs of youth in the juvenile justice system;" and inserting the phrase "and the rehabilitative needs of youth in the juvenile justice system, including by conducting regular oversight of the program and facility compliance;" in its place.

(3) Paragraph (17) is amended by striking the phrase "; and" and inserting a semicolon in its place.

(4) Paragraph (18)(C) is amended by striking the period and inserting a semicolon in its place.

(5) New paragraphs (19) and (20) are added to read as follows:

"(19) Performing validated risk and needs assessments, convening predisposition meetings, and developing, completing, and regularly updating individualized rehabilitation plans, pursuant to D.C. Official Code §§ 16-2319 and 16-2323; and

"(20) Cooperating with all reasonable requests of the District of Columbia Auditor, including by providing access to all facilities and youth confined in facilities, through unannounced and scheduled visits, subject to legitimate institutional needs based on safety considerations.".

"(j-1) The Department shall not discipline or otherwise retaliate against a person who is or was previously detained by, in the custody of, or committed to the Department solely because the person provided information to the District of Columbia Auditor that the person reasonably believed to be true.".

Sec. 4. Chapter 23 of Title 16 of the District of Columbia Official Code is amended as follows:

(a) Section 16-2301 is amended by adding new paragraphs (47), (48), (49), (50), and (51) to read as follows:

"(47) The term "hardware secure facility" shall have the same meaning as provided in § 2-1515.01(9A).

"(48) The term "staff secure facility" shall have the same meaning as provided in § 2-1515.01(11A).

"(49) The term "individualized rehabilitation plan" shall have the same meaning as provided in § 2-1515.01(9B).

"(50) The term "predisposition meeting" shall have the same meaning as provided in § 2-1515.01(10A).

"(51) The term "validated risk and needs assessment" shall have the same meaning as provided in § 2-1515.01(11B).".

(b) Section 16-2319 is amended as follows:

(1) Subsection (d) is amended to read as follows:

"(d) Following Court Social Services's or the Office of the Attorney General's notice to the Division of its recommendation to commit a child to the Department of Youth Rehabilitation Services ("Department"), and the Department receiving such notice, the Department shall:

"(1) For a child detained or in shelter care pending the disposition hearing:

"(A) Within 10 days (excluding Sundays and legal holidays), perform a validated risk and needs assessment;

"(B) Prior to the predisposition meeting required by subparagraph (C) of this paragraph, make reasonable efforts to notify the child, the child's attorney, the child's parent, guardian, or custodian, a Department representative, a Court Social Services representative, a Child and Family Services Agency representative, if relevant, and any other individual requested by the Department, of the date, time, and location of the predisposition meeting;

"(C) Convene a predisposition meeting to review the validated risk and needs assessment and any information on the child that the Department deems necessary, including evaluations, to begin the development of an individualized rehabilitation plan for the child; provided, that in the event that there are court ordered evaluations that have not been conducted and which the Department has not received prior to the convening of the predisposition meeting, the Department may delay the convening of the predisposition meeting until receipt of the evaluations; and

"(D) No later than 2 days (excluding Sundays and legal holidays) before the dispositional hearing, provide the completed individualized rehabilitation plan to the Division, the Office of the Attorney General, Court Social Services, the child, the child's attorney, and the child's parent, guardian, or custodian.

"(2) For a child in the community pending the disposition hearing:

"(A) Within 10 days (excluding Sundays and legal holidays), perform a validated risk and needs assessment;

"(B) No later than 5 days (excluding Sundays and legal holidays) before the predisposition meeting required by subparagraph (C) of this paragraph, make reasonable efforts to notify the child, the child's attorney, the child's parent, guardian, or custodian, a Department representative, a Court Social Services representative, a Child and Family Services Agency representative, if relevant, and any other individual requested by the Department, of the date, time, and location of the predisposition meeting;

"(C) Within 25 days (excluding Sundays and legal holidays) or when all court ordered evaluations have been conducted and received by the Department, convene a predisposition meeting to review the validated risk and needs assessment and any information on the child that the Department deems necessary, including evaluations, to begin the development of an individualized rehabilitation plan for the child; and

(2) A new subsection (d-1) is added to read as follows:

"(d-1) For a validated risk and needs assessment required by subsection (d) of this section, the Department shall use a culturally and gender-informed instrument that identifies and evaluates:

"(1) The static and dynamic risk factors that inform the likelihood that the child will continue to engage in delinquent acts or criminal offenses over a specific period of time;

"(2) The protective factors relating to the child or their environment that reduce the likelihood that the child will continue to engage in delinquent acts or criminal offenses over a specific period of time;

"(3) The criminogenic and non-criminogenic needs factors that, if identified, targeted, and properly treated, reduce the likelihood that the child will continue to engage in delinquent acts or criminal offenses over a specific period of time; and

"(4) Any other factors that may bear on the nature, duration, components, and objectives of an individualized rehabilitation plan.".

(3) Subsections (e), (f), and (g) are amended to read as follows:

"(e) At the predisposition meeting required by subsection (d) of this section, the Department shall:

"(1) Allow the child, the child's attorney, the child's parent, guardian, or custodian, the Department representative, a Court Social Services representative, a Child Family Services Agency representative, if relevant, and any other individual requested by the Department an opportunity to participate; and

"(2) Review all pertinent circumstances in the child's background and shared by participants to begin the development of the individualized rehabilitation plan.

"(f) When a child has been adjudicated delinquent and a dispositional order has been entered by the Division under §§ 16-2317 and 16-2320 transferring legal custody of a child to the Department, or a change in placement has been made pursuant to Chapter 12 of Title 29 of the District of Columbia Municipal Regulations (29 DCMR § 1200 et seq.) or any other provision of law, the Department shall implement the individualized rehabilitation plan required by subsection (d) of this section upon placement.

"(g) The Division may, on its own motion, on the motion of any party, or at the request of the Department, for good cause shown, extend the time periods set forth in subsections (d) and (f) of this section for completion of the validated risk and needs assessment and the individualized rehabilitation plan.".

"(i) For a child adjudicated delinquent and committed to the Department of Youth Rehabilitation Services, the Department of Youth Rehabilitation Services shall begin to develop a discharge and reentry plan within 60 days of the child's admittance into a hardware secure facility, residential treatment facility, psychiatric residential treatment facility, staff secure facility, therapeutic foster care placement through the Department of Youth Rehabilitation Services, or any other placement outside the child's family's, guardian's, or custodian's residence through the Department of Youth Rehabilitation Services.".

(d) Section 16-2323 is amended as follows:

(1) Subsections (g) and (h) are amended to read as follows:

"(g) When a child has been adjudicated delinquent and a dispositional order has been entered by the Division pursuant to § 16-2320, the Director of Court Social Services or the Department of Youth Rehabilitation Services, whichever is responsible for supervision of the disposition order, shall conduct periodic assessments of the child, and at least once every 90 days in the case of the Department of Youth Rehabilitation Services, to:

"(1) Determine if rehabilitative progress has been made and if the services provided to the child have been effective;

"(2) Determine, in conjunction with the child, the child's attorney, and the Office of the Attorney General, what steps, if any, should be taken to ensure the rehabilitation and welfare of the child and the safety of the public; and

"(3) Update the child's individualized rehabilitation plan completed pursuant to § 16-2319 as necessary.".

"(h)(1) Not more than once in a 4-month period, the child, or the child's parent, guardian, or custodian may petition the Division to modify a dispositional order, issued pursuant to § 16-2320, on the grounds that the child is not receiving appropriate services or level of placement.

"(2) If the Division finds that the child is not receiving appropriate services or level of placement, the Division may specify a plan for services that will promote the rehabilitation and welfare of the child and the safety of the public, except that the Division may not specify the treatment provider or facility.

"(3) For a child adjudicated delinquent and committed to the Department of Youth Rehabilitation, the Division may consider whether the child is receiving appropriate services or level of placement consistent with the individualized rehabilitation plan developed pursuant to § 16-2319.".

Sec. 5. Unified juvenile justice system plan.

(a) No later than one year after the applicability date of this section, the Mayor shall submit to the Council a proposed plan to create a unified juvenile justice system in the District of Columbia. The plan shall include:

(1) A list and detailed explanation of recommended actions that would enable the Department of Youth Rehabilitation Services to perform the intake, evaluation, predisposition supervision, and probation duties currently performed by the Court Social Services Division of the Superior Court of the District of Columbia;

(2) A timeline for when the Department of Youth Rehabilitation Services could reasonably implement the actions listed pursuant to paragraph (1) of this subsection;

(3) A detailed list of resources necessary to enable the Department of Youth Rehabilitation Services to perform the intake, evaluation, predisposition supervision, and probation duties currently performed by the Court Social Services Division of the Superior Court of the District of Columbia, including additional personnel, equipment, assessments, office space, and other material resources; and

(4) Any statutory changes necessary to enable the Department of Youth Rehabilitation Services to perform the intake, evaluation, predisposition supervision, and probation duties currently handled by the Court Social Services Division of the Superior Court of the District of Columbia.

(b) In developing the plan required pursuant to subsection (a) of this section, the Mayor shall consult with, and consider any recommendations of, the Superior Court of the District of Columbia, the Office of the Attorney General, and the Public Defender Service for the District of Columbia. The plan shall include, as an attachment, any written recommendations submitted by these agencies and organizations.

Sec. 6. Psychiatric Residential Treatment Facility plan.

(a) No later than 6 months after the effective date of this act, the Mayor shall submit to the Council a plan for the construction or adaptation of existing government-owned structures to operate a Psychiatric Residential Treatment Facility for youth in the District of Columbia. The plan, at a minimum, shall include:

(1) Detailed costs necessary to construct and operate a Psychiatric Residential Treatment Facility for youth in the District of Columbia, including reimbursement rates;

(2) A proposed timeline for the construction of the Psychiatric Residential Treatment Facility; and

(3) A plan for how the facility will integrate with existing systems of care and community-based services to ensure continuity of treatment and support for youth upon discharge.

Sec. 7. Applicability.

(a) Sections 2, 3, 4, and 5 of this act shall apply upon the date of inclusion of their fiscal effect in an approved budget and financial plan.

(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan and provide notice to the Budget Director of the Council of the certification.

(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.

(2) The date of publication of the notice of the certification shall not affect the applicability of the provisions identified in subsection (a) of this section.

Sec. 8. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 9. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto) and a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)).

D.C. Law 25-321. Recidivism Reduction at DYRS Amendment Act of 2024.

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