Chapter 42A. Criminal Justice Coordinating Council.

Subchapter I. General.

§ 22–4231. Definitions.

For the purposes of this chapter, the term:

(1) “Criminal Justice Coordinating Council” or “CJCC” means the Criminal Justice Coordinating Council for the District of Columbia that was established by and has been operating pursuant to the Memorandum of Agreement dated May 28, 1998.

(2) “Independent agency” shall have the meaning provided that term in § 1-603.01(13).

§ 22–4232. Establishment of the Criminal Justice Coordinating Council.

There is established as an independent agency within the District of Columbia government the Criminal Justice Coordinating Council.

§ 22–4233. Membership.

(a) The Criminal Justice Coordinating Council shall include the following members:

(1) Mayor, District of Columbia (Chair);

(2) Chairman, Council of the District of Columbia;

(3) Chairperson, Judiciary Committee, Council of the District of Columbia;

(4) Chief Judge, Superior Court of the District of Columbia;

(5) Chief, Metropolitan Police Department;

(6) Director, Department of Corrections;

(7) Attorney General for the District of Columbia;

(8) Director, Department of Youth Rehabilitation Services;

(9) Director, Public Defender Service;

(10) Director, Pretrial Services Agency;

(11) Director, Court Services and Offender Supervision Agency;

(12) United States Attorney for the District of Columbia;

(13) Repealed;

(14) Director, Federal Bureau of Prisons;

(15) Chair, United States Parole Commission;

(16) Repealed;

(17) Repealed;

(18) The United States Marshal, Superior Court of the District of Columbia;

(19) Executive Director, Office of Victim Services and Justice Grants;

(20) Executive Director, Office of Neighborhood Safety and Engagement;

(21) Director, Office of Gun Violence Prevention; and

(22) The Chairperson of the District of Columbia Sentencing Commission.

(b) Repealed.

(Oct. 3, 2001, D.C. Law 14-28, § 1504, 48 DCR 6981; June 19, 2013, D.C. Law 19-320, § 106, 60 DCR 3390; Mar. 3, 2020, D.C. Law 23-57, § 7, 66 DCR 15914; Apr. 21, 2023, D.C. Law 24-344, § 6(a), 70 DCR 635; June 8, 2024, D.C. Law 25-175, § 28(a), 71 DCR 2732.)

Section References

This section is referenced in § 24-1302.

Effect of Amendments

The 2013 amendment by D.C. Law 19-320 substituted “Attorney General for the District of Columbia” for “Corporation Counsel for the District of Columbia” in (a)(7); substituted “Department of Youth Rehabilitation Services” for “Department of Human Services’ Youth Rehabilitation Services” in (a)(8); repealed (a)(13), (a)(16), and (a)(17); added (a)(18) and made related changes; and repealed (b), which read: “Membership of the Authority members shall expire upon the dissolution of the Authority.”

Emergency Legislation

For temporary (90 days) amendment of this section, see § 23 of Secure DC Omnibus Congressional Review Emergency Amendment Act of 2024 (D.C. Act 25-490, June 7, 2024, 71 DCR 7006).

For temporary (90 days) amendment of this section, see § 23 of Secure DC Omnibus Emergency Amendment Act of 2024 (D.C. Act 25-410, Mar. 11, 2024, 71 DCR 2693).

For temporary (90 day) addition of section, see § 1404 of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

For temporary amendment of (a) and repeal of (b), see § 106 of the Omnibus Criminal Code Amendments Emergency Amendment Act of 2012 (D.C. Act 19-599, January 14, 2013, 60 DCR 1017).

For temporary (90 days) amendment of this section, see § 106 of the Omnibus Criminal Code Amendment Congressional Review Emergency Act of 2013 (D.C. Act 20-44, April 1, 2013, 60 DCR 5381, 20 DCSTAT 1281).

§ 22–4234. Duties.

(a) The Criminal Justice Coordinating Council shall:

(1) Make recommendations concerning the coordination of the activities and the mobilization of the resources of the member agencies in improving public safety in, and the criminal justice system of, the District of Columbia;

(2) Cooperate with and support the member agencies in carrying out the purposes of the CJCC;

(3) Define and analyze issues and procedures in the criminal justice system, identify alternative solutions, and make recommendations for improvements and changes in the programs of the criminal justice system;

(4) Receive information from, and give assistance to, other District of Columbia agencies concerned with, or affected by, issues of public safety and the criminal justice system;

(5) Make recommendations regarding systematic operational and infrastructural matters as are believed necessary to improve public safety in District of Columbia and federal criminal justice agencies;

(6) Advise and work collaboratively with the Office of the Deputy Mayor for Public Safety and Justice, Justice Grants Administration in developing justice planning documents and allocating grant funds;

(7) Select ex-officio members to participate in Criminal Justice Coordinating Council planning sessions and subcommittees as necessary to meet the organization’s goals;

(8) Establish measurable goals and objectives for reform initiatives; and

(9) Not Funded.

(a-1) Not Funded.

(b) The CJCC shall also report, on an annual basis, on the status and progress of the goals and objectives referenced in subsection (a)(8) of this section, including any recommendations made by the CJCC and its subcommittees to the membership of the CJCC, the public, the Mayor, and the Council. The report shall be submitted to the Mayor and the Council within 90 days after the end of each fiscal year and shall be the subject of a public hearing before the Council during the annual budget process. The CJCC’s budget and future funding requests shall also be the subject of a hearing before the Council during the annual budget process.

(b-1) The CJCC shall also conduct a public opinion survey of police-community relations in the District of Columbia and submit an analysis of the results in a report to the Mayor and the Council by January 31, 2017.

(b-2) By October 1, 2018, the CJCC shall conduct a voluntary survey of individuals under 21 years of age currently committed to the Department of Youth Rehabilitation Services or incarcerated at the Department of Corrections on their perspective on the causes of youth crime and the prevalence of adverse childhood experiences, such as housing instability, childhood abuse, family instability, substance abuse, mental illness, family criminal involvement, or other factors deemed relevant by the CJCC.

(b-3)(1) By October 1, 2020, the CJCC shall submit a report to the Mayor and the Council containing an analysis of the root causes of youth crime and the prevalence of adverse childhood experiences among justice-involved youth, such as housing instability, childhood abuse, family instability, substance abuse, mental illness, family criminal involvement, or other factors considered relevant by the CJCC that incorporates the results of the survey conducted pursuant to subsection (b-2) of this section.

(2) By October 1, 2022, the CJCC shall submit a report to the Mayor and the Council that analyzes protective factors that reduce the risk of District youth entering the juvenile and criminal justice systems and includes recommendations, informed by best practices in other jurisdictions, the results of the survey conducted pursuant to subsection (b-2) of this section, and the report submitted pursuant to paragraph (1) of this subsection, on factors, programs, or interventions that effectively prevent District youth from entering the juvenile and criminal justice systems, such as access to stable housing, nutrition assistance, healthcare, violence intervention, early intervention, and educational, recreational, and youth programming.

(3) By October 1, 2024, the CJCC shall submit a report to the Mayor and the Council that analyzes the types of school-based incidents that lead to law enforcement referral or arrest, and whether factors such as economic resources, race, Individualized Education Program eligibility, mental health conditions, school location, and school resource officer assignment statistically affect the likelihood of enforcement referrals or arrests.

(b-4) Upon request by the CJCC, and to aid in the development of the report required by subsection (b-3) of this section, the following agencies shall provide, or cause to be provided, the information listed below to the CJCC, including any associated personally identifying information:

(1) For the Office of the State Superintendent of Education, the following information for each student enrolled in a District of Columbia Public School or a District of Columbia public charter school for the preceding 2 completed academic years:

(A) Demographic information, including:

(i) Name, address, and date of birth;

(ii) Sex;

(iii) Gender;

(iv) Race; and

(v) Ethnicity;

(B) Enrollment data, including:

(i) The school or campus attended by each student;

(ii) The location of the school or campus;

(iii) Whether the school or campus is an elementary school, middle school, or high school;

(iv) Whether the school or campus is a public school, public charter school, or private school;

(v) The student's grade level;

(vi) Whether the student receives special education services;

(vii) Whether the student is identified as homeless; and

(viii) Whether the student is one year older, or more, than the expected age for the grade in which the student is enrolled;

(D) Performance data, including:

(i) Student performance on any District-wide assessments; and

(ii) Grade advancement for students enrolled; and

(E) Discipline data, including:

(i) Total number of in-school suspensions, out-of-school suspensions, involuntary dismissals, emergency removals, disciplinary unenrollment, voluntary withdrawals or transfers, referrals to law enforcement, school-based arrests, or, for students with disabilities, changes in placement, experienced by the student during each school year;

(ii) Total number of days excluded from school;

(iii) Whether the student was referred to an alternative education setting for the duration of a suspension, and whether the student attended the alternative education setting;

(iv) Whether the student was subject to a disciplinary unenrollment during the school year;

(v) Whether the student voluntarily withdrew or voluntarily transferred from the school during the school year;

(vi) Whether the student was subject to referral to law enforcement;

(vii) Whether the student was subject to school-related arrest; and

(viii) A description of the misconduct that led to or reasoning behind each suspension, involuntary dismissal, emergency removal, disciplinary unenrollment, voluntary withdrawal or transfer, referral to law enforcement, school-based arrest and, for students with disabilities, change in placement;

(2) For the Department of Health Care Finance, the following information for individuals between the ages of 10 and 18:

(A) Demographic information, including:

(i) Name, address, and date of birth;

(ii) Sex;

(iii) Gender;

(iv) Race; and

(v) Ethnicity;

(B) Enrollment data, including;

(i) Eligibility start date;

(ii) Eligibility end date; and

(iii) Eligibility basis;

(D) Claims data with mental health or substance abuse procedures;

(3) For the Department of Human Services, enrollment data for households participating in the District's Temporary Assistance for Needy Families ("TANF") program, including:

(A) The name, address, and date of birth for each household member for individuals between the ages of 10 and 18; and

(B) Household income information; and

(4) For the Child and Family Services Agency, the following information for individuals between the ages of 10 and 18:

(A) Demographic information, including:

(i) Name, address, and date of birth;

(ii) Sex;

(iii) Gender;

(iv) Race; and

(v) Ethnicity;

(B) Investigation data related to alleged child abuse or neglect, including:

(i) Allegations made against the individual's parents, guardians, or other custodians;

(ii) Whether the allegations were substantiated or inconclusive;

(iii) The date the investigation was completed or suspended;

(iv) Whether the individual was removed from the home or another location;

(v) The reason for the removal; and

(vi) The date of the removal; and

(i) Allegations made against the individual's parents, guardians, or other custodians;

(ii) The date the family assessment was initiated;

(iii) The date the family assessment was completed;

(iv) Whether the family assessment resulted in the determination that the family needs services or resulted in a referral for investigation; and

(v) The reason the family assessment was closed.

(b-5) Not Funded.

(b-6) Not Funded.

(b-7) Not Funded.

(b-8) Not Funded.

(b-9) Not Funded.

(b-10) Not Funded.

(b-11) Not Funded.

(c) The CJCC is designated as a criminal justice agency for purposes of transmitting electronically to local, state, and federal agencies criminal-justice-related information, as required by CJCC to perform the duties specified under this section and in accordance with the terms and conditions regarding data sharing approved by the agency that is the source of the information for transmission.

(d) Not Funded.

§ 22–4235. Administrative support.

(a) There are authorized such funds as may be necessary to support the CJCC.

(b) The CJCC is authorized to hire staff and to obtain appropriate office space, equipment, materials, and services necessary to carry out its responsibilities.

(b-1)(1)(A) Notwithstanding the provisions of Unit A of Chapter 14 of Title 2, the CJCC shall use a ranking system based on a scale of 100 points for all employment decisions for positions within the CJCC.

(B) An individual who is a District resident at the time of application shall be awarded a 10-point hiring preference over a nonresident applicant; provided, that the individual claims the preference. This 10-point preference shall be in addition to any points awarded on the 100-point scale.

(C) At the time of appointment, an individual who claimed the 10-point residency preference shall agree, in writing, to maintain District residency for a period of 7 consecutive years from the effective date of appointment into the position for which the individual claimed the residency preference.

(D) An individual who claimed the residency preference and who fails to maintain District residency for 7 consecutive years from the individual's effective date of appointment, shall forfeit the individual's District government employment.

(E) Each applicant for a position covered by this paragraph, shall be informed in writing of the provisions of this paragraph at the time of application.

(2) The CJCC shall verify and enforce District residency requirements pursuant to § 1-515.04.

(3) By November 1 of each year and pursuant to § 1-515.06, the CJCC shall submit to the Mayor an annual report detailing, for the previous fiscal year, compliance with residency requirements.

(c) The CJCC shall serve as the personnel authority for all employees of the CJCC. The CJCC shall exercise this authority consistent with Chapter 6 of Title 1.

(d) The CJCC may exercise procurement authority to carry out the responsibilities of the CJCC, including contracting and contract oversight. The CJCC shall exercise this authority consistent with Chapter 3A of Title 2 [§ 2-351.01 et seq.], except § 2-352.01(a) shall not apply.

(Oct. 3, 2001, D.C. Law 14-28, § 1506, 48 DCR 6981; Feb. 6, 2008, D.C. Law 17-108, § 211, 54 DCR 10993; Sept. 26, 2012, D.C. Law 19-171, § 214, 59 DCR 6190; May 23, 2019, D.C. Law 22-315, § 10, 66 DCR 1983.)

Effect of Amendments

D.C. Law 17-108 added subsec. (b-1).

The 2012 amendment by D.C. Law 19-171 substituted “consistent with Chapter 3A of Title 2; except that § 2-352.01(a) shall not apply” for “consistent with Unit A of Chapter 3 of Title 2, except with regard to the powers and duties outlined in § 2-301.05(a), (b), (c), and (e)” in (d).

Emergency Legislation

For temporary (90 day) addition of section, see § 1406 of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

§ 22–4236. Crime victimization survey. [Not Funded]

Not Funded.

§ 22–4237. Prearrest Diversion Task Force.

(a) There is established a Prearrest Diversion Task Force ("Task Force") within the Criminal Justice Coordinating Council.

(b) The Task Force shall consist of the following members and organizations, or their designees:

(1) The Deputy Mayor for Public Safety and Justice;

(2) The Deputy Mayor for Health and Human Services;

(3) The Chief of Police of the Metropolitan Police Department;

(4) The Director of the Department of Behavioral Health;

(5) The Attorney General for the District of Columbia;

(6) The chairperson of the Council committee with jurisdiction over judiciary and public safety matters;

(7) The Executive Director of the Criminal Justice Coordinating Council;

(8) One representative from a community organization with expertise in mental or behavioral health issues, appointed by the Chairperson of the Task Force;

(9) One representative from a community organization with expertise in substance use disorder issues, appointed by the Chairperson of the Task Force; and

(10) One representative from a community organization with expertise in housing issues, appointed by the Chairperson of the Task Force.

(d) In addition to the members described in subsection (b) of this section, the Chairperson of the Task Force shall invite the following individuals, or their designees, to participate as members of the Task Force:

(1) The United States Attorney for the District of Columbia;

(2) The Director of the Pretrial Services Agency for the District of Columbia;

(3) The Director of the Court Services and Offender Supervision Agency for the District of Columbia; and

(4) The Director of the Superior Court of the District of Columbia's Family Court Social Services Division.

(e) As needed, the Task Force may establish subcommittees of its members.

(f) The duties of the Task Force shall include:

(1) Reviewing and assessing best practices for prearrest diversion;

(2) Making recommendations for prearrest diversion of certain misdemeanor offenses, and certain categories of persons;

(3) Making recommendations regarding the programs, facilities, personnel, and funding that are necessary to implement prearrest diversion;

(4) Making recommendations for any legislative changes that are necessary to enable prearrest diversion;

(5) Implementing prearrest diversion of certain misdemeanor offenses, and categories of persons identified by the Task Force as being appropriate for diversion;

(6) Identifying any potential improvements in police training or procedures relating to police interactions with individuals impacted by homelessness, mental or behavioral health issues, or substance abuse; and

(7) Identifying individuals who frequently interact with police, are frequent mental health consumers, or have suffered from chronic homelessness, and ensure that those individuals are connected to social services.

(g) Within 3 months after the [when applicable], the Task Force shall convene for an initial meeting. Following that initial meeting, the Task Force shall meet on, at least, a monthly basis, until it issues its initial recommendations as required under subsection (h) of this section. Thereafter, the Task Force shall continue to meet at a frequency as determined by the Chairperson of the Task Force.

(h) Within one year after the [when applicable], the Task Force shall issue initial recommendations for prearrest diversion of certain misdemeanor offenses and categories of persons identified pursuant to subsection (f)(5) of this section.

(Oct. 3, 2001, D.C. Law 14-28, § 1507 [1506b]; as added June 8, 2024, D.C. Law 25-175, § 28(c), 71 DCR 2732.)

Applicability

Section 7290(b) of Law 25-217 amended section 45(a)(1) of D.C. Law 25-175 removing the applicability provision impacting this section. Therefore the amendment of this section by section 28(c) of Law 25-175 has been implemented.

Section 7290(b) of D.C. Act 25-506 amended section 45(a)(1) of D.C. Law 25-175 removing the applicability provision impacting this section. Therefore the amendment of this section by section 28(c) of Law 25-175 has been implemented.

Applicability of D.C. Law 25-175: § 45 of D.C. Law 25-175 provided that the creation of this section by § 28(c) of D.C. Law 25-175 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 7290(b) of Fiscal Year 2025 Budget Support Emergency Act of 2024 (D.C. Act 25-506, July 15, 2024, 71 DCR 8406).

Subchapter II. Authorization of Certain Federal Officials.

§ 22–4241. Authorizing federal officials.

(a) In general. — Each of the individuals described in subsection (b) is authorized to serve on the District of Columbia Criminal Justice Coordinating Council, participate in the Council’s activities, and take such other actions as may be necessary to carry out the individual’s duties as a member of the Council.

(b) Individuals described. — The individuals described in this subsection are as follows:

(1) The Director of the Court Services and Offender Supervision Agency for the District of Columbia.

(2) The Director of the District of Columbia Pretrial Services Agency.

(3) The United States Attorney for the District of Columbia.

(4) The Director of the Bureau of Prisons.

(5) The chair of the United States Parole Commission.

(6) The Director of the United States Marshals Service.

§ 22–4242. Annual reporting requirement.

Not later than 60 days after the end of each calendar year, the District of Columbia Criminal Justice Coordinating Council shall prepare and submit to the President, Congress, and each of the entities of the District of Columbia government and federal government whose representatives serve on the Council a report describing the activities carried out by the Council during the year.

§ 22–4243. Federal contribution to Criminal Justice Coordinating Council.

There are authorized to be appropriated for fiscal year 2002 and each succeeding fiscal year such sums as may be necessary for a federal contribution to the District of Columbia to cover the costs incurred by the District of Columbia Criminal Justice Coordinating Council.

§ 22–4244. District of Columbia Criminal Justice Coordinating Council defined.

In this subchapter, the term “District of Columbia Criminal Justice Coordinating Council” means the entity established by the Council of the District of Columbia under subchapter I of this chapter.