§ 16-714 — Special education attorneys for emerging adult defendants panel.

District of Columbia § 16-714

• Jurisdiction: District of Columbia
• Title 16: Particular Actions, Proceedings and Matters. [Enacted title]
• Ch. 7: Criminal Proceedings in the Superior Court.

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(a) By October 1, 2023, the Criminal Division of the Superior Court ("Court") shall designate and appoint, according to rules it establishes, a panel of special education attorneys to represent indigent emerging adult defendants with disabilities in criminal proceedings.

(b) An attorney appointed from the panel established pursuant to subsection (a) of this section shall represent the educational and disability rights and needs of the emerging adult defendant with a disability.

(c) The Court shall:

(1) Maintain a register of attorneys who have expressed an interest in being appointed to serve as special education attorneys pursuant to this section;

(2) Endeavor to make panel appointments from the register established in paragraph (1) of this subsection; and

(3) Only appoint attorneys to the panel after careful consideration of the qualifications of each attorney.

(d) For the purpose of funding the costs associated with this section, beginning in Fiscal Year 2023, and annually thereafter, the Office of Victim Services and Justice Grants shall issue a grant to a legal services and advocacy organization serving older students with special education needs who are involved in the District's juvenile and criminal legal systems.

(1) The availability of special education attorneys for emerging adult defendants with disabilities pursuant to this section shall be contingent upon the availability of funds.

(2) Beginning in Fiscal Year 2023, the Office of Victim Services and Justice Grants shall issue an annual grant, in the amount of $300,000, to provide special education legal representation to emerging adult defendants with disabilities by a legal services and advocacy organization serving older students with special education needs who are involved in the District's justice system.

(f) For the purposes of this section, the term "emerging adult defendant with a disability" means a criminal defendant under 23 years of age, or the parent, as that term is defined in 20 U.S.C. § 1401(23), of a criminal defendant under 18 years of age who is:

(1) Charged as an adult; and

(2) Qualifies as a child with a disability, as that term is defined in 20 U.S.C. § 1401(3).