Chapter 9. Youth Offender Programs.

Subchapter I. Youth Rehabilitation.

§ 24–901. Definitions.

For purposes of this subchapter, the term:

(1) “Committed youth offender” means an individual sentenced pursuant to this subchapter.

(2) “Conviction” means the judgment on a verdict or a finding of guilty, a plea of guilty, or a plea of no contest.

(3) “Court” means the Superior Court of the District of Columbia.

(4) “District” means the District of Columbia.

(5) "Treatment" means guidance for youth offenders designed to improve public safety by facilitating rehabilitation and preventing recidivism.

(6) "Youth offender" means a person 24 years of age or younger at the time that the person committed a crime other than murder, first degree murder that constitutes an act of terrorism, second degree murder that constitutes an act of terrorism, first degree sexual abuse, second degree sexual abuse, and first degree child sexual abuse.

(Dec. 7, 1985, D.C. Law 6-69, § 2, 32 DCR 4587; June 8, 2001, D.C. Law 13-302, § 9(a), 47 DCR 7249; Oct. 17, 2002, D.C. Law 14-194, § 157, 49 DCR 5306; Dec. 13, 2018, D.C. Law 22-197, § 102(a), 65 DCR 9554.)

Prior Codifications

1981 Ed., § 24-801.

Effect of Amendments

D.C. Law 13-302, in par. (1), deleted “for treatment in the District of Columbia” following “this subchapter”.

D.C. Law 14-194 rewrote par. (6) which had read as follows: “(6) ‘Youth offender’ means a person less than 22 years old convicted of a crime other than murder.”

Emergency Legislation

For temporary (90-day) amendment of section, see § 9(a) of the Sentencing Reform Emergency Amendment Act of 2000 (D.C. Act 13-410, August 11, 2000, 47 DCR 7271).

For temporary (90 day) amendment of section, see §§ 9(a) and 11 of the Sentencing Reform Congressional Review Emergency Amendment Act of 2001 (D.C. Act 13-462, November 7, 2000, 47 DCR 9443).

For temporary (90 day) amendment of section, see § 9(a) of Sentencing Reform Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-2, February 2, 2001, 48 DCR 2239).

For temporary (90 day) amendment of section, see § 9(a) of Sentencing Reform Second Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-51, May 2, 2001, 48 DCR 4370).

§ 24–902. Facilities, treatment, and services for youth offenders.

(a) The Mayor shall provide facilities, treatment, and services for the developmentally appropriate care, custody, subsistence, education, workforce training, and protection of the following youth offenders:

(1) Those pending trial on charges of having committed misdemeanor or felony offenses under District law; and

(2) Those convicted of misdemeanor or felony offenses under District law and who are in the District's care or custody.

(a-1)(1) By September 30, 2019, the Mayor shall develop and submit to the Council a strategic plan for providing the facilities, treatment, and services for youth offenders required by subsection (a) of this section.

(2) The strategic plan shall include recommendations for adopting and implementing inter-agency programming by District agencies to address the following:

(A) The educational, workforce development, behavioral and physical health care, housing, family, and reentry needs of youth offenders before commitment, while in District or federal care or custody, and upon reentry;

(B) The availability of a continuum of developmentally appropriate, community-based services for youth offenders before commitment, while in District care or custody, and upon reentry;

(C) Best practices in restorative justice for victims, youth offenders, including for youth offenders convicted of violent offenses, and persons at risk of becoming youth offenders;

(D) The expansion of diversion programs for persons at risk of becoming youth offenders; and

(E) Outreach by the District to committed youth offenders in District or federal care or custody to identify needs for services and plan for reentry.

(3) In developing the strategic plan required by this subsection, the Mayor shall consult with community-based organizations with expertise in juvenile justice issues and justice system-involved young adults 18 through 24 years of age.

(b) Repealed.

(c) The federal Bureau of Prisons is authorized to provide facilities, treatment, and services for the developmentally appropriate care, custody, subsistence, education, workforce training, segregation, and protection of youth offenders convicted of felony offenses under District law and in federal care or custody.

(Dec. 7, 1985, D.C. Law 6-69, § 3, 32 DCR 4587; June 8, 2001, D.C. Law 13-302, § 9(b), 47 DCR 7249; Dec. 13, 2018, D.C. Law 22-197, § 102(b), 65 DCR 9554.)

Prior Codifications

1981 Ed., § 24-802.

Effect of Amendments

D.C. Law 13-302 rewrote the section which had read:

“(a) The Mayor shall provide facilities and personnel for the treatment and rehabilitation of youth offenders convicted under District of Columbia law and sentenced according to this subchapter.

“(b)(1) The Mayor shall periodically set aside and adapt facilities for the treatment, care, education, vocational training, rehabilitation, segregation, and protection of youth offenders.

“(2) Insofar as practical, these institutions shall treat committed youth offenders only, and the youth offenders shall be segregated from other offenders, and classes of committed youth offenders shall be segregated according to their needs for treatment.”

Emergency Legislation

For temporary (90-day) amendment of section, see § 9(b) of the Sentencing Reform Emergency Amendment Act of 2000 (D.C. Act 13-410, August 11, 2000, 47 DCR 7271).

For temporary (90 day) amendment of section, see § 9(b) of the Sentencing Reform Congressional Review Emergency Amendment Act of 2001 (D.C. Act 13-462, November 7, 2000, 47 DCR 9443).

For temporary (90 day) amendment of section, see § 9(b) of Sentencing Reform Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-2, February 2, 2001, 48 DCR 2239).

For temporary (90 day) amendment of section, see § 9(b) of Sentencing Reform Second Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-51, May 2, 2001, 48 DCR 4370).

§ 24–903. Sentencing alternatives.

(a)(1) If the court determines that a youth offender would be better served by probation instead of confinement, it may suspend the imposition or execution of sentence and place the youth offender on probation.

(2) The court, as part of an order of probation of a youth offender 15 to 24 years of age, shall require the youth offender to perform not fewer than 90 hours of community service for a District government agency, a nonprofit, or a community service organization, unless the court determines that an order of community service would be unreasonable.

(2A) A positive test for use of marijuana, or a violation of § 48-1201, shall not be considered a violation of an order of probation unless the judicial officer expressly prohibits the use or possession of marijuana, as opposed to controlled substances generally, as a condition of probation.

(3) By September 30, 2019, the Mayor shall develop and furnish to the court a youth offender community service plan. The plan shall include:

(A) Procedures to certify a nonprofit or community service organization for participation in the program;

(B) A list of agencies of the District government or non-profit or community service organizations to which a youth offender may be assigned for community service work;

(C) A description of the community service work to be performed by a youth offender in each of the named agencies or organizations;

(D) Procedures to monitor the attendance and performance of a youth offender assigned to community service work;

(E) Procedures to report to the court a youth offender’s absence from a court-ordered community service work assignment; and

(F) Procedures to notify the court that a youth offender has completed the community service ordered by the court.

(4) If the court unconditionally discharges a youth offender from probation pursuant to § 24-906(b), the court may discharge the youth offender from any uncompleted community service requirement in excess of 90 hours. The court shall not discharge the youth offender from completion of the minimum of 90 hours of community service.

(b)(1) If the offense for which a youth offender is convicted is punishable by imprisonment under applicable provisions of law other than this subsection, the court may use its discretion in sentencing the youth offender pursuant to this subchapter, up to the maximum penalty of imprisonment otherwise provided by law.

(2) Notwithstanding any other law, the court may, in its discretion, issue a sentence less than any mandatory-minimum term otherwise required by law.

(3) The youth offender shall serve the court's sentence unless released sooner as provided in § 24-904.

(c)(1) If the court sentences a youth offender under this subchapter, the court shall make a written statement on the record of the reasons for its determination. Any statement concerning or related to the youth offender's contacts with the juvenile justice system or child welfare authorities, or medical and mental health records, shall be conducted at the bench and placed under seal. The youth offender shall be entitled to present to the court facts that would affect the court's sentencing decision.

(2) In using its discretion in sentencing a youth offender under this subchapter, the court shall consider:

(A) The youth offender's age at the time of the offense;

(B) The nature of the offense, including the extent of the youth offender's role in the offense and whether and to what extent an adult was involved in the offense;

(D) The youth offender's compliance with the rules of the facility to which the youth offender has been committed, and with supervision and pretrial release, if applicable;

(E) The youth offender's current participation in rehabilitative District programs;

(F) The youth offender's previous contacts with the juvenile and criminal justice systems;

(G) The youth offender's family and community circumstances at the time of the offense, including any history of abuse, trauma, or involvement in the child welfare system;

(H) The youth offender's ability to appreciate the risks and consequences of the youth offender's conduct;

(I) Any reports of physical, mental, or psychiatric examinations of the youth offender conducted by licensed health care professionals;

(J) The youth offender's use of controlled substances that are unlawful under District law;

(K) The youth offender's capacity for rehabilitation;

(L) Any oral or written statement provided pursuant to § 23-1904 or 18 U.S.C. § 3771 by a victim of the offense, or by a family member of the victim if the victim is deceased; and

(M) Any other information the court deems relevant to its decision.

(d) If the court does not sentence a youth offender under this subchapter, the court shall make a written statement on the record of the reasons for its determination and may sentence the youth offender under any other applicable penalty provision. Any statement concerning or related to the youth offender's contacts with the juvenile justice system or child welfare authorities, or medical and mental health records, shall be conducted at the bench and placed under seal.

(e) If the court desires additional information as to whether a youth offender will benefit from sentencing under subsection (b) of this section, the court may order that the youth offender be committed for observation and study at an appropriate classification center or agency. Within 60 days from the date of the order or an additional period that the court may grant, the court shall receive the report.

(f) Subsections (a) through (e) of this section provide sentencing alternatives in addition to the options already available to the court.

(Dec. 7, 1985, D.C. Law 6-69, § 4, 32 DCR 4587; Jan. 31, 1990, D.C. Law 8-61, § 2, 36 DCR 5798; July 17, 2014, D.C. Law 20-126, § 405, 61 DCR 3482; Dec. 13, 2018, D.C. Law 22-197, § 102(c), 65 DCR 9554.)

Prior Codifications

1981 Ed., § 24-803.

Section References

This section is referenced in § 24-403.01 and § 24-403.02.

Effect of Amendments

The 2014 amendment by D.C. Law 20-126 added (a)(2A).

Editor's Notes

Section 501 of D.C. Law 20-126 provided that the Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of the act.

Delegation of Authority

Delegation of authority pursuant to Law 6-69, see Mayor’s Order 87-61, March 10, 1987.

§ 24–904. Conditional release; unconditional discharge.

(a) A committed youth offender may be released conditionally under supervision whenever appropriate.

(b) A committed youth offender may be unconditionally discharged at the end of 1 year from the date of conditional release.

(c) Notwithstanding any other provision of law, subsections (a) and (b) of this section shall not apply to a youth offender convicted of any offense committed on or after August 5, 2000.

(Dec. 7, 1985, D.C. Law 6-69, § 5, 32 DCR 4587; June 8, 2001, D.C. Law 13-302, § 9(c), 47 DCR 7249.)

Prior Codifications

1981 Ed., § 24-804.

Section References

This section is referenced in § 16-2320 and § 24-903.

Effect of Amendments

D.C. Law 13-302 added subsec. (c).

Emergency Legislation

For temporary (90-day) amendment of section, see § 9(c) of the Sentencing Reform Emergency Amendment Act of 2000 (D.C. Act 13-410, August 11, 2000, 47 DCR 7271).

For temporary (90 day) amendment of section, see § 9(c) of the Sentencing Reform Congressional Review Emergency Amendment Act of 2001 (D.C. Act 13-462, November 7, 2000, 47 DCR 9443).

For temporary (90 day) amendment of section, see § 9(c) of Sentencing Reform Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-2, February 2, 2001, 48 DCR 2239).

For temporary (90 day) amendment of section, see § 9(c) of Sentencing Reform Second Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-51, May 2, 2001, 48 DCR 4370).

§ 24–905. Determination that youth offender will derive no further benefit; appeal. [Repealed]

Repealed.

(Dec. 7, 1985, D.C. Law 6-69, § 6, 32 DCR 4587; June 8, 2001, D.C. Law 13-302, § 9(d), 47 DCR 7249; Dec. 13, 2018, D.C. Law 22-197, § 102(d), 65 DCR 9554.)

Prior Codifications

1981 Ed., § 24-805.

Effect of Amendments

D.C. Law 13-302 added subsec. (c).

Emergency Legislation

For temporary (90-day) amendment of section, see § 9(d) of the Sentencing Reform Emergency Amendment Act of 2000 (D.C. Act 13-410, August 11, 2000, 47 DCR 7271).

For temporary (90 day) amendment of section, see § 9(d) of the Sentencing Reform Congressional Review Emergency Amendment Act of 2001 (D.C. Act 13-462, November 7, 2000, 47 DCR 9443).

For temporary (90 day) amendment of section, see § 9(d) of Sentencing Reform Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-2, February 2, 2001, 48 DCR 2239).

For temporary (90 day) amendment of section, see § 9(d) of Sentencing Reform Second Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-51, May 2, 2001, 48 DCR 4370).

§ 24–906. Unconditional discharge sets aside conviction.

(a) Upon unconditional discharge of a committed youth offender before the expiration of the sentence imposed, the youth offender’s conviction shall be automatically set aside.

(b) If the sentence of a committed youth offender expires before unconditional discharge, the United States Parole Commission may, in its discretion, set aside the conviction.

(c) Where a youth offender is sentenced to commitment and a term of supervised release for a felony committed on or after August 5, 2000, and the United States Parole Commission exercises its authority pursuant to 18 U.S.C. § 3583(e)(1) to terminate the term of supervised release before its expiration, the youth offender’s conviction shall be automatically set aside.

(d) Repealed.

(e) Where a youth offender has been placed on probation by the court, the court may, in its discretion, unconditionally discharge the youth offender from probation before the end of the maximum period of probation previously fixed by the court. The discharge shall automatically set aside the conviction. If the sentence of a youth offender who has been placed on probation by the court expires before unconditional discharge, the court may, in its discretion, set aside the conviction.

(e-1)(1) A youth offender, regardless of whether the youth offender was sentenced under this subchapter, may, after the completion of the youth offender's probation or sentence of incarceration, supervised release, or parole, whichever is later, file a motion to have the youth offender's conviction set aside under this section. The court may, in its discretion, set aside the conviction.

(2) In making the determination under paragraph (1) of this subsection, the court shall consider the factors listed in § 24-903(c)(2) and make a written statement on the record of the reasons for its determination. The youth offender shall be entitled to present to the court facts that would affect the court's set aside decision.

(e-2) In any case in which the youth offender's conviction is set aside, the youth offender shall be issued a certificate to that effect.

(f) A conviction set aside under this section may be used:

(1) In determining whether a person has committed a second or subsequent offense for purposes of imposing an enhanced sentence under any provision of law;

(2) In determining whether an offense under § 48-904.01 is a second or subsequent violation under § 24-112;

(3) In determining an appropriate sentence if the person is subsequently convicted of another crime;

(4) For impeachment if the person testifies in his or her own defense at trial pursuant to § 14-305;

(5) For cross-examining character witnesses;

(6) For sex offender registration and notification;

(7) For gun offender registration pursuant to subchapter VIII of Chapter 25 of Title 7, for convictions on or after January 1, 2011; or

(8) In determining whether a person has been in possession of a firearm in violation of § 22-4503.

(Dec. 7, 1985, D.C. Law 6-69, § 7, 32 DCR 4587; June 28, 1991, D.C. Law 9-7, § 2, 38 DCR 1978; Aug. 17, 1991, D.C. Law 9-15, § 2, 38 DCR 3382; June 8, 2001, D.C. Law 13-302, § 9(e), 47 DCR 7249; June 3, 2011, D.C. Law 18-377, § 17, 58 DCR 1174; Dec. 13, 2018, D.C. Law 22-197, § 102(e), 65 DCR 9554.)

Prior Codifications

1981 Ed., § 24-806.

Section References

This section is referenced in § 24-903.

Effect of Amendments

D.C. Law 13-302 rewrote the section which had read:

“(a) Upon the unconditional discharge of a committed youth offender before the expiration of the maximum sentence imposed, the District of Columbia Board of Parole shall automatically set aside the conviction.

“(b) If the maximum sentence of a committed youth offender expires before unconditional discharge, the District of Columbia Board of Parole may, in its discretion, set aside the conviction.

“(c) In any case in which the District of Columbia Board of Parole sets aside the conviction of a committed youth offender, the Board shall issue to the youth offender a certificate to that effect.

“(d) Where a youth offender has been placed on probation by the court, the court may, in its discretion, unconditionally discharge the youth offender from probation before the end of the maximum period of probation previously fixed by the court. The discharge shall automatically set aside the conviction and the court shall issue to the youth offender a certification to that effect.”

D.C. Law 18-377, in subsec. (f), deleted “or” from the end of par. (5), substituted a semicolon for a period at the end of par. (6), and added pars. (7) and (8).

Emergency Legislation

For temporary (90-day) amendment of section, see § 9(e) of the Sentencing Reform Emergency Amendment Act of 2000 (D.C. Act 13-410, August 11, 2000, 47 DCR 7271).

For temporary (90 day) amendment of section, see § 9(e) of the Sentencing Reform Congressional Review Emergency Amendment Act of 2001 (D.C. Act 13-462, November 7, 2000, 47 DCR 9443).

For temporary (90 day) amendment of section, see § 9(e) of Sentencing Reform Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-2, February 2, 2001, 48 DCR 2239).

For temporary (90 day) amendment of section, see § 9(e) of Sentencing Reform Second Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-51, May 2, 2001, 48 DCR 4370).

For temporary (90 day) amendment of section, see § 517 of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640).

For temporary (90 day) amendment of section, see § 517 of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701).

§ 24–906.01. Grants for victims of crime and youth offenders.

The Office of Victim Services and Justice Grants shall, on an annual basis, provide grants to organizations to assist victims of crime and youth offenders in understanding and navigating the sentencing and set aside provisions of this subchapter. Annual grant amounts shall be limited to funds included in an approved budget and financial plan.

§ 24–906.02. Biennial analysis and information-sharing.

(a) By October 1, 2022, and every 2 years thereafter, the Criminal Justice Coordinating Council shall analyze and submit to the Mayor and Council a report on the following:

(1) The number of cases and persons eligible for sentencing and to have their convictions set aside under this subchapter, and how many persons were sentenced or had their convictions set aside under this subchapter;

(2) The factors that affected the likelihood of receiving a sentence under this subchapter, such as assessed offense type, prior arrests, prior juvenile commitment, or age;

(3) The extent to which cases eligible to be sentenced under this subchapter were subject to mandatory-minimum terms, and if so, the extent to which mandatory-minimum terms were imposed;

(4) The type and length of sentences for those sentenced under this subchapter, compared to those not sentenced under this subchapter;

(5) The factors that affected the likelihood that those sentenced under this subchapter would have their convictions set aside;

(6) A comparison of the recidivism of those sentenced under this subchapter who had their convictions set aside, compared to those sentenced under this subchapter who did not have their convictions set aside;

(7) A comparison of the recidivism of those sentenced under this subchapter to similarly situated persons not sentenced under this subchapter; and

(8) The impact of programming provided to youth offenders under this subchapter.

(b) To aid in the development of the reports required by subsection (a) of this section, the following agencies shall provide the information listed below, upon request by the Criminal Justice Coordinating Council:

(1) The Department of Corrections:

(A) Incarceration and release dates, with type of discharge;

(B) Federal registration numbers; and

(2) The Metropolitan Police Department: arrest histories for District arrests, including juvenile and adult histories;

(3) The Department of Youth Rehabilitation Services: past commitments to the Department of Youth Rehabilitation Services, including end dates of those commitments; and

(4) The District of Columbia Sentencing Commission: aggregate data on sentences imposed in cases sentenced under this subchapter and cases not sentenced under this subchapter, by type of offense and type of criminal history score.

§ 24–906.03. Establishment of the Director of Emerging Adult Services. [Not Funded]

Not Funded.

§ 24–907. Rules.

The Mayor may issue rules to implement the provisions of this subchapter pursuant to subchapter I of Chapter 5 of Title 2.

(Dec. 7, 1985, D.C. Law 6-69, § 8, 32 DCR 4587; June 8, 2001, D.C. Law 13-302, § 9(f), 47 DCR 7249.)

Prior Codifications

1981 Ed., § 24-807.

Effect of Amendments

D.C. Law 13-302, in the section heading, deleted “; division of responsibility”; and deleted “, including the division of responsibility between the District of Columbia Board of Parole and the District of Columbia Department of Corrections” following “Title 2,”.

Emergency Legislation

For temporary (90-day) amendment of section, see § 9(f) of the Sentencing Reform Emergency Amendment Act of 2000 (D.C. Act 13-410, August 11, 2000, 47 DCR 7271).

For temporary (90 day) amendment of section, see § 9(f) of the Sentencing Reform Congressional Review Emergency Amendment Act of 2001 (D.C. Act 13-462, November 7, 2000, 47 DCR 9443).

For temporary (90 day) amendment of section, see § 9(f) of Sentencing Reform Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-2, February 2, 2001, 48 DCR 2239).

For temporary (90 day) amendment of section, see § 9(f) of Sentencing Reform Second Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-51, May 2, 2001, 48 DCR 4370).

Delegation of Authority

Delegation of authority pursuant to Law 6-69, see Mayor’s Order 87-61, March 10, 1987.

Subchapter I-A. Conditions of Confinement of Juveniles.

§ 24–911. Definitions.

For the purposes of this subchapter, the term:

(1) "Juvenile" means any individual under 18 years of age and any child, as defined in § 16-2301(3).

(2) "Penal institution" shall have the same meaning as provided in § 22-2603.01(6).

(3) "Room confinement" means the involuntary restriction of a juvenile alone, other than during normal sleeping hours or facility-wide lockdowns, in a cell, room, or other area.

(4) "Secure juvenile facility" means a secure juvenile residential facility, as defined in § 22-2603.01(7), or a secure residential treatment facility for juveniles that is owned, operated, or under the control of the Department of Youth Rehabilitation Services.

§ 24–912. Limitations on the use of room confinement.

(a) Penal institutions and secure juvenile facilities shall not use room confinement on a juvenile for the purposes of discipline, punishment, administrative convenience, retaliation, or staffing shortages.

(b)(1) Except as provided in subsection (c) of this section, a penal institution or secure juvenile facility may use room confinement on a juvenile as a temporary response to behavior that threatens:

(A) Imminent harm to the juvenile or others; or

(B) Imminent danger to the safe or secure operation of the penal institution or secure juvenile facility.

(2) A penal institution or secure juvenile facility may use room confinement pursuant to paragraph (1) of this section if there is no other reasonable means to eliminate the condition; provided, that:

(A) Room confinement is used only to the extent necessary to eliminate the condition identified;

(B) Facility staff promptly notifies the juvenile of the specific conditions that resulted in the use of room confinement;

(C) Room confinement takes place under the least restrictive conditions practicable and consistent with the individualized rationale for placement; and

(D) Facility staff develops a plan that will allow the youth to leave room confinement and return to the general population as soon as possible.

(c) Facility staff at a penal institution or secure juvenile facility may grant a juvenile's request for room confinement; provided, that the juvenile is free at any time to revoke his or her request for confinement and be immediately returned to the general population.

(d) Except for room confinement occurring under subsection (c) of this section, a health or mental health professional shall conduct a mental health screening on a juvenile placed in room confinement within one hour after placement. After a screening, the penal institution or secure juvenile facility shall provide mental health services to the juvenile, if necessary.

(e) Except for room confinement occurring under subsection (c) of this section, room confinement shall be used for the briefest period of time possible and not for a time to exceed 6 hours. After 6 hours, the youth shall be returned to the general population, transported to a mental health facility upon the recommendation of a mental health professional, transferred to the medical unit in the facility, or provided special individualized programming that may include:

(1) Development of an individualized plan to improve the juvenile's behavior, created in consultation with the juvenile, mental health or health staff, and the juvenile's family members that identifies the causes and purposes of the negative behavior as well as concrete goals that the juvenile understands and that he or she can work toward to be removed from special programming.

(2) In-person supervision by and interaction with staff members;

(3) In-person provision of educational services;

(4) Involvement of the juvenile in other aspects of the facility's programming, unless the involvement threatens the safety of the juvenile or staff or the security of the facility; and

(5) Daily review with the juvenile of his or her progress toward the goals outlined in his or her plan.

(f) For each use of room confinement, facility staff shall document the following, if applicable:

(1) The name of the juvenile;

(2) The date and time the juvenile was placed in room confinement;

(3) The name and position of the person authorizing placement of the juvenile in room confinement;

(4) The staff involved in the conditions leading to the use of room confinement;

(5) The date and time the juvenile was released from room confinement;

(6) A description of the conditions leading to the use of room confinement or if room confinement was upon request by the juvenile;

(7) The alternative actions to room confinement that were attempted and found unsuccessful or the reason that alternatives were not possible;

(8) Any incident reports describing the condition that led to the period of room confinement; and

(9) Any referrals and contacts with qualified medical and mental health professionals, including the date, time, and person contacted.

(g) On March 1, 2018, and annually thereafter, the Department of Youth Rehabilitation Services and the Department of Corrections shall submit a report to the Mayor and the Council that includes steps each agency has taken to reduce the unnecessary use of room confinement for juveniles and a summary of any information collected pursuant to subsection (f) of this section, including, for each penal institution or secure juvenile facility:

(1) The total number of incidents in which room confinement was utilized in the prior year;

(2) The average length of time juveniles spent in room confinements in the prior year;

(3) The longest period of time that any juvenile was in room confinement; and

(4) The greatest number of times that any juvenile was in room confinement.

§ 24–913. Age-appropriate housing for youth.

(a) On October 1, 2017, and on a quarterly basis thereafter, the Mayor shall provide a report to the Council that includes:

(1) The greatest number of juveniles housed in the Correctional Treatment Facility or the Central Detention Facility at any one time during the preceding quarter;

(2) The lowest number of unused beds for juveniles at secure juvenile facilities at any one time during the preceding quarter; and

(3) The number of consecutive quarters that the lowest number of unused beds at secure juvenile facilities, as determined in paragraph (2) of this subsection, has exceeded the greatest number of juveniles housed in the Correctional Treatment Facility or the Central Detention Facility, as determined in paragraph (1) of this subsection, if any.

(b) All juveniles housed at the Correctional Treatment Facility or the Central Detention Facility shall be transferred to available space in secure juvenile facilities within 6 months after a determination that there have been 4 consecutive quarters of excess capacity, as determined under subsection (a)(3) of this section.

Subchapter II. BOOT CAMP Program.

§ 24–921. Definitions.

For the purposes of this subchapter, the term:

(1) “BOOT CAMP” means the Basic Operations Options Training Children to Adults Maturity Program for eligible juvenile offenders, established pursuant to the rules of the Department of Human Services adopted under this subchapter, which provides rigorous physical activity, intensive regimentation, discipline, education, and vocational training for a minimum of 40 participants, to begin the program, for a period of 90 days.

(2) “Eligible juvenile offender” means a youth 14 through 18 years of age who has been committed to the custody of the Youth Services Administration and who:

(A) Has not been previously incarcerated in an adult prison facility and has not committed a crime of violence, as defined in § 22-4501, except burglary and robbery;

(B) Has not been prohibited by a judge or law from participating in the BOOT CAMP;

(D) Has no known mental or physical impairments that would prevent him or her from performing physical activity; and

(E) Agrees to the terms and conditions of the BOOT CAMP.

§ 24–922. Establishment of the BOOT CAMP.

The Director of the Department of Human Services (“Director”) shall establish a BOOT CAMP that may be used for eligible juvenile offenders who the Department of Human Services may permit to serve their commitment in the BOOT CAMP.

§ 24–923. Location of BOOT CAMP.

(a) The Director shall use an existing building or set of buildings, which may be located in the Washington Metropolitan area, to establish a residential center for the BOOT CAMP participants.

(b) The residential center shall include classrooms, a counseling and vocational training center, separate sleeping accommodations for male and female participants, a dining facility, outdoor drill and recreation areas, and other usages that are necessary for the efficient operation of the BOOT CAMP.

§ 24–924. Daily schedule.

The daily schedule at the BOOT CAMP shall include:

(1) An early morning regimen of physical training, military style drilling, and cleaning of residence areas;

(2) Education designed to result in the attainment of a General Equivalency Diploma (“GED”), which may utilize as academic teachers persons who have volunteered their services to the program and who satisfy the appropriate certification criteria;

(3) Vocational training in an employment skill, including wood shop, electrical work, and plumbing, which may utilize as vocational teachers persons who have volunteered their services to the program and who satisfy the appropriate certification criteria;

(4) Employment counseling and a full range of counseling, to include life skills training and stress and anger management;

(5) Appropriate physical labor; and

(6) Daily group meetings, substance abuse counseling, and organized physical recreation.

§ 24–925. Evaluation process.

The Director shall establish a system of evaluating the eligible juvenile offenders, with the purpose of obtaining an objective assessment of each eligible juvenile offender’s progress in the BOOT CAMP. The system of evaluation may include weekly evaluations by drill instructors, academic and vocational teachers, substance abuse counselors, and recreation leaders. The results of these evaluations may be used in determining the juvenile offender’s eligibility for conditional release or unconditional discharge at the end of the BOOT CAMP.

§ 24–926. Discipline.

(a) Eligible juvenile offenders are expected to adhere to strict standards of discipline within the BOOT CAMP. Eligible juvenile offenders in the BOOT CAMP will be expected to comply with the following procedures:

(1) Stand-up count;

(2) Keeping living areas clean and neat at all times;

(3) Mandatory attendance at all scheduled functions; and

(4) Exhibiting respectful behavior towards drill instructors and other personnel.

(b) The Director shall promulgate rules and procedures governing discipline within the BOOT CAMP.

§ 24–927. Grooming.

The Director shall promulgate regulations regarding grooming habits.

§ 24–928. Agreement form.

The Director shall promulgate an agreement to be signed by each eligible juvenile offender prior to entering into the BOOT CAMP. The agreement shall describe the terms and conditions of the BOOT CAMP, including a provision that states that participation in the BOOT CAMP is a privilege which may be revoked at any time at the discretion of the Director.

§ 24–929. Removal.

An eligible juvenile offender participating in the BOOT CAMP may be removed at the discretion of the Director. The Director shall promulgate rules and procedures for removal of an eligible juvenile offender from the BOOT CAMP. The rules and procedures shall include the following provisions:

(1) Removal from the BOOT CAMP for any reason shall be treated as a violation of conditional release.

(2) An eligible juvenile offender may petition for removal from the program. The Director shall grant the petition for removal upon a finding of good cause.

§ 24–930. Graduation.

Upon completion of the BOOT CAMP, a graduation ceremony may be held, at which time earned GED’s may be awarded, as well as other appropriate recognition.

§ 24–931. Post-BOOT CAMP supervision.

The Director shall promulgate rules establishing a program of continuing supervision for BOOT CAMP participants released on conditional release. The program shall be 9 months in length and shall include participation by the eligible juvenile offender’s family members. The program may include follow-up substance abuse treatment, educational assistance such as tutoring, assistance in seeking employment, and, if appropriate, inclusion in the Mayor’s Mentoring and Volunteerism program, created pursuant to Mayor’s Order 92-24 dated March 4, 1992. The program may utilize volunteers.

§ 24–932. Report.

The Director shall prepare a report assessing the BOOT CAMP, which shall be presented to the Mayor and the Council of the District of Columbia 12 months after the first day of operation of the BOOT CAMP. This report shall include the following:

(1) A summary of the original structure of the pilot program, and a summary of all changes to that original structure, along with the reasons for any changes;

(2) A summary of the effectiveness of the pilot program, according to the Director;

(3) An analysis of the total cost of the pilot program, including cost per participant;

(4) A summary of the standards used to determine removal from the BOOT CAMP;

(5) A listing of the offense(s) committed by each participant which led to his or her commitment to the BOOT CAMP;

(6) A listing of the number of participants who completed the BOOT CAMP, and the number of those who did not complete the program, along with a designation as to the reason for removal from the program;

(7) A summary of the effect of the pilot program on the population at other juvenile facilities;

(8) An analysis of the recidivism rate of eligible juvenile offenders who completed the BOOT CAMP and the recidivism rate of non-completers and a comparison sample of juvenile offenders who participated in a sanction other than the BOOT CAMP; and

(9) Any recommendations as to changes to or expansion of the BOOT CAMP.

Subchapter III. Closure of Oak Hill Youth Center.

§ 24–941. Closure of Oak Hill Youth Center; transfer of operations to new facilities.

The Mayor shall develop and implement a comprehensive plan resulting in the closure of the existing Oak Hill Youth Center facility no later than 4 years after March 17, 2005, and transfer operations to new facilities, one or more of which shall be located on the same property, consistent with the following criteria for a new rehabilitation and treatment model:

(1) No new facility for committed youth shall house more than 40 committed children within the same building, but a facility may contain more than one building;

(2) Plans for the operation of facilities shall incorporate best practices for the provision of rehabilitative and other services and the safety of children, and shall be consistent with the applicable standards of accreditation of the American Correctional Association;

(3) Individuals appointed by the Mayor shall provide on-site monitoring of the safety of children housed in any secure detention or commitment facility operated by the District of Columbia during all hours of operation; and

(4) Individuals responsible for monitoring the safety of children under paragraph (3) of this subsection shall notify the child’s parent or guardian and the child’s legal representative whenever a child is injured.