Bill Summary – FastDemocracy

                                                                       ENROLLED ORIGINAL

                                             AN ACT

                                        _______________

                   IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

                                   _______________________

To amend, on an emergency basis, the Data-Sharing and Information Coordination Amendment

      Act of 2010 to allow the disclosure of health and human services information to aid in the

      development of the report on the root causes of youth crime and the prevalence of

      adverse childhood experiences among justice-involved youth; to amend the District of

      Columbia Mental Health Information Act of 1978 to allow the disclosure of mental

      health information when necessary to conduct an analysis of the root causes of youth

      crime and the prevalence of adverse childhood experiences among justice-involved

      youth; to amend the Criminal Justice Coordinating Council for the District of Columbia

      Establishment Act of 2001 to extend the deadline for submission of the analysis of the

      root causes of youth crime and prevalence of adverse childhood experiences report to

      March 31, 2020, and to require that certain District agencies provide the Criminal Justice

      Coordinating Council with information necessary to complete the report; and to amend

      An Act To establish a Board of Indeterminate Sentence and Parole for the District of

      Columbia and to determine its functions, and for other purposes to clarify that

      amendments to section 3c of the act apply to all proceedings pending in any District of

      Columbia court that were initiated under that section, regardless of when those

      proceedings were initiated.

       BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

act may be cited as the Criminal Justice Coordinating Council Information Sharing Emergency

Amendment Act of 2020.

         Sec. 2. Section 102(a) of the Data-Sharing and Information Coordination Amendment

Act of 2010, effective December 4, 2010 (D.C. Law 18-273; D.C. Official Code  7-242(a)), is

amended as follows:

         (a) Paragraph (3)(K) is amended by striking the phrase ; and and inserting a semicolon

in its place.

         (b) Paragraph (4)(B) is amended by striking the period and inserting the phrase ; and in

its place.

         (c) A new paragraph (5) is added to read as follows:

                                                 1

                                                                       ENROLLED ORIGINAL

               (5) To aid in the development of the report required by section 1505(b-3) of the

Criminal Justice Coordinating Council for the District of Columbia Establishment Act of 2001,

effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code  22-4234(b-3))..

        Sec. 3. Section 302 of the District of Columbia Mental Health Information Act of 1978,

effective March 3, 1979 (D.C. Law 2-136; D.C. Official Code  7-1203.02), is amended as

follows:

        (a) Paragraph (2) is amended by striking the phrase ; or and inserting a semicolon in its

place.

        (b) Paragraph (3) is amended by striking the period and inserting the phrase ; or in its

place.

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

                (4) To meet the requirements of section 1505(b-3) of the Criminal Justice

Coordinating Council for the District of Columbia Establishment Act of 2001, effective October

3, 2001 (D.C. Law 14-28; D.C. Official Code  22-4234(b-3))..

        Sec. 4. Section 1505 of the Criminal Justice Coordinating Council for the District of

Columbia Establishment Act of 2001, effective October 3, 2001 (D.C. Law 14-28; D.C. Official

Code  22-4234), is amended as follows:

        (a) Subsection (b-3) is amended by striking the phrase On October 1, 2018 and

inserting the phrase On March 31, 2020 in its place.

        (b) A new subsection (b-4) is added to read as follows:

        (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;

                                                 2

                                                                        ENROLLED ORIGINAL

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

charter school, or private school;

                                (v) The students 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;

                        (C) Attendance data;

                        (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;

                                                 3

                                                                        ENROLLED ORIGINAL

                                (i) Eligibility start date;

                                (ii) Eligibility end date; and

                                (iii) Eligibility basis;

                        (C) Claims data with mental, behavioral, and neurodevelopmental

disorder diagnoses or substance abuse diagnoses; and

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

                (3) For the Department of Human Services, enrollment data for households

participating in the Districts 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 individuals 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

                        (C) Family assessment data related to alleged child abuse or neglect,

including:

                                (i) Allegations made against the individuals 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..

                                                  4

                                                                     ENROLLED ORIGINAL

        Sec. 5. Section 3c of An Act To establish a Board of Indeterminate Sentence and Parole

for the District of Columbia and to determine its functions, and for other purposes, effective

April 4, 2017 (D.C. Law 21-238; D.C. Official Code  24-403.03), is amended by adding a new

subsection (f) to read as follows:

        (f) Any amendments to this section shall apply to all proceedings initiated under this

section, including any appeals thereof, in any District of Columbia court, including proceedings

that are pending as of the effective date of the Criminal Justice Coordinating Council

Information Sharing Emergency Amendment Act of 2019, effective July 24, 2019 (D.C. Act 23-

106; 66 DCR 9754), regardless of when those proceedings were initiated..

       Sec. 6. Fiscal impact statement.

       The Council adopts the fiscal impact statement of the Budget Director 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. 7. 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 shall remain in effect for no longer than

90 days, as provided for emergency acts of the Council of the District of Columbia in section 175

412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;

D.C. Official Code  1-204.12(a)).

              ______________________________

              Chairman

              Council of the District of Columbia

_________________________________

Mayor

District of Columbia

                                               5