GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE ATTORNEY GENERAL
ATTORNEY GENERAL
BRIAN L. SCHWALB
May 21, 2024
The Honorable Phil Mendelson
Chairman, Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, N.W.
Washington, D.C. 20004
Dear Chairman Mendelson:
I write to transmit the “Recidivism Reduction, Oversight, and Accountability for DYRS Act of 2024,”
or the ROAD Act, for consideration and enactment by the Council of the District of Columbia.
As the District’s independent, elected Attorney General, there is no higher priority for me than public
safety. I see firsthand the devastating toll that violent crime takes on victims, their families, and their
communities as a whole. My office works every day to make sure kids face consequences when they
break the law and that victims of crime get justice. Our prosecutors are charging more cases and at
higher rates than before the pandemic. A young person who breaks the law must face swift and certain
consequences. But once they have been held accountable by a court, it is equally imperative that we
work to prevent that young person from committing crime again.
The Department of Youth Rehabilitative Services (DYRS) is tasked with supervising and rehabilitating
young people who have committed crimes. Since taking office last year, it has become abundantly clear
to me that DYRS is not providing sufficient supervision and intervention to protect our communities and
ensure that kids won’t reoffend.
I am introducing legislation to help hold DYRS accountable. The ROAD Act will 1) create a permanent
oversight body for DYRS; 2) require DRYS to significantly reform its supervision and intervention
practices, including creating Individualized Rehabilitation Plans and discharge and reentry plans; and 3)
strengthen the court’s authority to intervene when DYRS fails to provide the appropriate rehabilitative
services.
I ask that the Council enact this legislation to ensure that DYRS is working effectively to prevent
recidivism and reduce crime. If you have any questions, please contact me or Deputy Attorney General
for Policy and Legislative Affairs Candyce Phoenix at (202) 788-2066 or Candyce.Phoenix@dc.gov.
Sincerely,
Brian L. Schwalb
Attorney General for the District of Columbia
400 Sixth Street, N.W., Washington, DC 20001, (202) 727-3400, Fax (202) 730-0484
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3 at the request of the Attorney General
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6 A BILL
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10 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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14 To amend Title 16 of the District of Columbia Official Code to increase accountability and
15 oversight of the Department of Youth Rehabilitation Services ("Department") and to
16 reform the Department's supervision and intervention practices, to require the
17 Department, prior to a dispositional hearing, to develop and complete an individualized
18 rehabilitation plan to aid in decreased risk of recidivism, implement the plan within 3
19 days after entry of the order, and regularly update the plan as necessary, to require the
20 Department to provide services to those in a secure placement within 30 days of entry of
21 a disposition order, except for good cause shown, to require the Department to develop a
22 discharge and reentry plan upon a child's admittance into a placement outside the child's
23 family's, guardian's, or custodian's home, and to allow a petition to modify a
24 dispositional order to be filed no more frequently than every 4 months if the child is not
25 receiving appropriate services or placement designed to reduce recidivism based on the
26 individualized rehabilitation plan; to amend the Department of Youth Rehabilitation
27 Services Establishment Act of 2004 to expressly provide for the Department's duties to
28 include developing and updating individualized rehabilitation plans, monitoring and
29 ensuring safety of contracted facilities , and conducting oversight of facility compliance;
30 and to amend the District of Columbia Auditor Subpoena and Oath Authority Act of 2004
31 to establish a permanent and independent oversight function of the Department within the
32 Office of the Auditor the Deputy Auditor for Independent Juvenile Justice Facilities
33 Oversight.
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35 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
36 act may be cited as the "Recidivism Reduction, Oversight and Accountability for DYRS Act of
37 2024 ("ROAD Act")".
38 Sec. 2. Title 16 of the District of Columbia Official Code is amended as follows:
39 (a) Section 16-2301 is amended by adding new paragraphs (47), (48), (49), (50), and (51)
40 to read as follows:
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41 “(47) The term “hardware secure facility” shall have the same meaning as provided in
42 section 101(9A) of the Department of Youth Rehabilitation Services Establishment Act of 2004,
43 effective April 12, 2005 (D.C. Law 15-335; D.C. Official Code § 2-1515.01(9A).
44 “(48) The term “staff secure facility” shall have the same meaning as provided in section
45 101(11A) of the Department of Youth Rehabilitation Services Establishment Act of 2004,
46 effective April 12, 2005 (D.C. Law 15-335; D.C. Official Code § 2-1515.01(11A).
47 “(49) The term “individualized rehabilitation plan” shall have the same meaning as
48 provided in section 101(9B) of the Department of Youth Rehabilitation Services Establishment
49 Act of 2004, effective April 12, 2005 (D.C. Law 15-335; D.C. Official Code § 2-1515.01(9B).
50 “(50) The term “predisposition meeting” shall have the same meaning as provided in
51 section 101(10A) of the Department of Youth Rehabilitation Services Establishment Act of
52 2004, effective April 12, 2005 (D.C. Law 15-335; D.C. Official Code § 2-1515.01(10A).
53 “(51) The term “validated risk-needs assessment” shall have the same meaning as
54 provided in section 101(11B) of the Department of Youth Rehabilitation Services Establishment
55 Act of 2004, effective April 12, 2005 (D.C. Law 15-335; D.C. Official Code § 2-1515.01(11B).”.
56 (b) Sections 16-2319 is amended as follows:
57 (1) Subsection (d) is amended to read as follows:
58 “(d) Following Court Social Services’ or the Office of the Attorney General’s notice to
59 the Division of its recommendation to commit a child to the Department of Youth Rehabilitation
60 Services (“Department”), and the Department receiving such notice, the Department shall:
61 “(1) For a child detained or in shelter care pending the disposition hearing:
62 “(A) Within 72 hours (excluding Sundays and legal holidays), perform a
63 validated risk-needs assessment;
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64 “(B) Prior to the predisposition meeting required by subparagraph (C) of
65 this paragraph, notify the child, the child’s attorney, the child’s parent, guardian, or custodian, a
66 Department representative, Court Social Services representative, a Child and Family Services
67 Agency representative, if relevant, and any other individual requested by the child or by the
68 Department, of the date, time, and location of the predisposition meeting;
69 “(C) Convene a predisposition meeting to review the validated risk-needs
70 assessment and any information on the child that the Department deems necessary, including
71 evaluations, to develop an individualized rehabilitation plan for the child; and
72 “(D) No later than 2 days (excluding Sundays and legal holidays) before
73 the dispositional hearing, provide the completed individualized rehabilitation plan to the
74 Division, the Office of the Attorney General, Court Social Services, the child, the child’s
75 attorney, and the child’s parent, guardian, or custodian.
76 “(2) For a child in the community pending the disposition hearing:
77 “(A) Within 5 days (excluding Sundays and legal holidays), perform a
78 validated risk-needs assessment;
79 “(B) No later than 5 days (excluding Sundays and legal holidays) before the
80 predisposition meeting required by subparagraph (C) of this paragraph, notify the child, the
81 child’s attorney, the child’s parent, guardian, or custodian, a Department representative, a Court
82 Social Services representative, a Child and Family Services Agency representative, if relevant,
83 and any other individual requested by the child or by the Department, of the date, time, and
84 location of the predisposition meeting;
85 “(C) Within 25 days (excluding Sundays and legal holidays), convene a
86 predisposition meeting to review the validated risk-needs assessment and any information on the
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 87 child that the Department deems necessary, including evaluations, to develop an individualized
88 rehabilitation plan for the child; and
89 “(D) No later than 2 days (excluding Sundays and legal holidays) before
90 the dispositional hearing, provide the completed individualized rehabilitation plan to the
91 Division, the Office of the Attorney General, Court Social Services, the child, the child’s
92 attorney, and the child’s parent, guardian, or custodian.”.
93 (2) A new subsection (d-1) is added to read as follows:
94 “(d-1) For the validated risk-needs assessment required by subsection (d) of this section,
95 the Department shall use an objective and statistically validated method through which
96 information is collected and evaluated to determine:
97 “(1) The static and dynamic risk factors that inform the likelihood that the child
98 will continue to engage in delinquent acts or criminal offenses over a specific period of time;
99 “(2) The protective factors relating to the child or their environment that reduce
100 the likelihood that the child will continue to engage in delinquent acts or criminal offenses over a
101 specific period of time;
102 “(3) The criminogenic and noncriminogenic needs factors that, if identified,
103 targeted, and properly treated, reduce the likelihood that the child will continue to engage in
104 delinquent acts or criminal offenses over a specific period of time; and
105 “(4) Any other factors that may bear on the nature, duration, components, and
106 objectives of an individualized rehabilitation plan.”.
107 (3) Subsections (e), (f), and (g) are amended to read as follows:
108 “(e) At the predisposition meeting required by subsection (d) of this section, the
109 Department shall:
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110 “(1) Allow the child, the child’s attorney, the child’s parent, guardian, or
111 custodian, the Department representative, a Court Social Services representative, a Child Family
112 Services Agency representative, if relevant, and any other individual requested by the child or by
113 the Department an opportunity to participate; and
114 “(2) Review all pertinent circumstances in the child’s background and shared by
115 participants to develop the individualized rehabilitation plan, which shall include:
116 “(A) The child’s validated risk-needs assessment;
117 “(B) The child’s rehabilitative goals;
118 “(C) Rehabilitative services that should be provided for the child as
119 needed, which may include those to address family engagement, education, disability, trauma
120 history, mental and behavioral health, physical health, economic and housing needs; and
121 “(D) The level of placement and placement options.
122 “(f) When a child has been adjudicated delinquent and a dispositional order has been
123 entered by the Division under sections 16-2317 and 16-2320 transferring legal custody of a child
124 to the custody of the Department, the Department shall, within 3 days after entry of the
125 dispositional order, assign a case manager, and implement the individualized rehabilitation plan
126 required by subsection (d) of this section.
127 “(g) The Division may, on its own motion, the motion of any party, or at the request of
128 the Department, for good cause shown, extend the time periods set forth in subsections (d) and
129 (f) of this section for completion of the validated risk-needs assessment and the individualized
130 rehabilitation plan.”.
131 (b) Section 16-2320 is amended by adding new subsections (i) and (j) to read as follows:
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132 “(i) A child who has been adjudicated delinquent or in need of supervision and who is committed
133 to the Department of Youth Rehabilitation Services shall not be continued in a secure placement
134 that does not provide the services specified in the child’s individualized rehabilitation plan in
135 excess of 30 days after entry of a dispositional order pursuant to this section or a change in
136 placement pursuant to Chapter 12 of Title 29 of the District of Columbia Municipal Regulations
137 or any other provision of law, except for good cause shown. If a child is continued in a secure
138 placement, the child may petition the Division for a post-disposition hearing to review whether
139 there is good cause for the continued placement.
140 “(j) For a child adjudicated delinquent and committed to the Department of Youth
141 Rehabilitation Services, the Department of Youth Rehabilitation Services shall develop a
142 discharge and reentry plan upon the child’s admittance into a hardware secure facility, residential
143 treatment facility, psychiatric residential treatment facility, staff secure facility, therapeutic foster
144 care placement through the Department of Youth Rehabilitation Services, or any other placement
145 outside the child’s family’s, guardian’s, or custodian’s residence through the Department of
146 Youth Rehabilitation Services.”.
147 (c) Section 16-2323 is amended as follows:
148 (1) Subsections (g) and (h) are amended to read as follows:
149 “(g) When a child has been adjudicated delinquent and a dispositional order has been
150 entered by the Division pursuant to section 16-2320, the Director of Court Social Services or the
151 Department or Youth Rehabilitation Services, whichever is responsible for supervision of the
152 disposition order, shall conduct periodic assessments of the child, and at least once every 90 days
153 in the case of the Department of Youth Rehabilitation Services, to:
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154 “(1) Determine if rehabilitative progress has been made and if the services
155 provided to the child have been effective;
156 “(2) Determine, in conjunction with the child, the child’s attorney, and the Office
157 of the Attorney General, what steps, if any, should be taken to ensure the rehabilitation and
158 welfare of the child and the safety of the public; and
159 “(3) Update the child’s individualized rehabilitation plan completed pursuant to
160 section 16-2319 as necessary.”.
161 “(h)(1) Not more than once in a 4-month period, the child, or the child’s parent, guardian,
162 or custodian may petition the Division to modify a dispositional order, issued pursuant to section
163 16-2320, on the grounds that the child is not receiving appropriate services or level of placement.
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165 “(2) If the Division finds that the child is not receiving appropriate services or level of
166 placement, the Division may specify a plan for services that will promote the rehabilitation and
167 welfare of the child and the safety of the public, except that the Division may not specify the
168 treatment provider or facility.
169 “(3) For a child adjudicated delinquent and committed to the Department of Youth
170 Rehabilitation, the Division may consider whether the child is receiving appropriate services or
171 level of placement consistent with the individualized rehabilitation plan developed pursuant to
172 section 16-2319.”.Sec. 3. The Department of Youth Rehabilitation Services Establishment Act of
173 2004, effective April 12, 2005 (D.C. Law 15-335; D.C. Official Code § 2-1515.01 et seq.), is
174 amended as follows:
175 (a) Section 101 (D.C. Official Code § 2-1515.01) is amended as follows:
176 (1) Paragraph (9B) is redesignated as paragraph (9C).
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177 (2) A new paragraph (9B) is added to read as follows:
178 “(9B) “Individualized rehabilitation plan” means a plan developed and completed
179 pursuant to section 16-2319 of the District of Columbia Official Code based upon a review of all
180 pertinent circumstances in the child’s background, including:
181 “(A) The child’s validated risk-needs assessment;
182 “(B) The child’s rehabilitative goals;
183 “(C) Rehabilitative services that should be provided for the child as needed,
184 which may include those to address family engagement, education, disability, trauma history,
185 mental and behavioral health, physical health, economic and housing needs; and
186 “(D) The level of placement and placement options.”.
187 (4) A new paragraph (10A) is added to read as follows:
188 “(10A) “Predisposition meeting” means a meeting conducted pursuant to section 16-2319
189 of the District of Columbia Official Code to review a child’s validated risk-needs assessment and
190 develop an individualized rehabilitation plan for the child at which the Department shall:
191 “(A) Allow the child, the child’s attorney, the child’s parent, guardian, or
192 custodian, the Department pre-commitment worker, a Court Social Services representative, a
193 Child and Family Services Agency representative, if relevant, or any other individual requested
194 by the child or by the Department the opportunity to participate; and
195 “(B) Review all pertinent circumstances in the child’s background and shared
196 with participants to develop the individualized rehabilitation plan.”.
197 (5) Paragraph (11) is amended to read as follows:
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198 “(11) “Rehabilitative services” means services designed to assist youth in acquiring,
199 retaining, improving their socialization, behavioral, and generic competency skills, advancing
200 accountability and reducing risk of recidivism.”.
201 (6) A new paragraph (11A) is added to read as follows:
202 “(11B) “Validated risk-needs assessment” means an assessment conducted pursuant to
203 section 16-2319 of the District of Columbia Official Code using an objective and statistically
204 validated method through which information is collected and evaluated to determine:
205 “(A) The static and dynamic risk factors that inform the likelihood that