§ 22-4234 — Duties.

District of Columbia § 22-4234

• Jurisdiction: District of Columbia
• Title 22: Criminal Offenses and Penalties.
• Ch. 42A: Criminal Justice Coordinating Council.
• Subch. I: General.

Text

*NOTE: This section includes amendments by emergency legislation that will expire on April 27, 2026. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version .*

(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) Conduct research and analysis on matters affecting public safety and criminal justice, including research and analysis utilizing behavioral health, physical health, employment, and education data.

(a-1) Agencies are authorized to provide personally identifying information to the Criminal Justice Coordinating Council to aid in the development of reports pursuant to this section.

(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.

(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;

(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;

(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 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

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

(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.

(1) By December 1, 2023, and on a quarterly basis thereafter, the CJCC shall submit to the Mayor and the Council and post on its website a report that includes, in accordance with existing law, aggregate data on the following with respect to the criminal justice and juvenile justice systems:

(A) Diversion;

(B) Pretrial supervision;

(C) Detention;

(D) Prosecution;

(E) Sentencing;

(F) Commitment;

(G) Incarceration;

(H) Probation;

(I) Parole;

(J) Supervised release; and

(K) Deferred prosecution agreements, deferred sentencing agreements, deferred disposition agreements, and consent decrees.

(2) The CJCC shall include in the report information and context to aid the general public in interpretation of the data.

(3) Prior to submitting and posting the aggregate data, the CJCC shall provide each agency that supplies data at least 15 business days to review and comment on the data presentation and any analysis relevant to the agency. The CJCC shall review the feedback and make reasonable efforts to collaborate with agencies to ensure accuracy in the analysis and presentation of each agency's data.

(b-6) The CJCC shall post the following year-to-date data on its website monthly, beginning with the earliest year for which CJCC is able to obtain historical data:

(1) Arrests for violent crimes committed by juveniles and adults, by offense; and

(2) Gun violence and homicide counts and rates citywide and by ward, neighborhood, and police service area.

(1) By August 1, 2024, and on a quarterly basis thereafter, the CJCC shall submit to the Mayor and the Council and post on its website a report that includes the following:

(A) The number of arrests made by the Metropolitan Police Department in the prior quarter for a warrant issued when a defendant fails to appear in court ("bench warrant");

(B) The number of arrests made by the United States Marshals Service in the prior quarter for a bench warrant;

(C) The number of new bench warrants issued by the Superior Court in the prior quarter;

(D) The total number of outstanding bench warrants; and

(E) The number of arrestees arrested in the prior quarter for a different offense while actively under a bench warrant.

(2) Where applicable, the report created under paragraph (1) of this subsection shall disaggregate data by whether the underlying offense in the case was a misdemeanor or felony.

(1) Beginning March 1, 2025, and by March 1 of each year thereafter, the CJCC shall submit to the Mayor and the Council and post on its website a report that analyzes the trends associated with the Metropolitan Police Department's felony crime statistics. The report shall include:

(A) The number and type of felony arrests made by the Metropolitan Police Department;

(B) The number of felony arrests that resulted in conviction and the sentence imposed;

(C) The location of felony arrests by ward, district, and police service area;

(D) The number of suspects involved in each felony arrest;

(E) The number of victims involved in each felony arrest;

(F) The characteristics of each suspect arrested for a felony crime, including:

(i) The age of the suspect;

(ii) The race of the suspect;

(iii) The gender of the suspect;

(iv) The level of education of the suspect;

(v) The police service area where the suspect resides;

(vi) The number of prior arrests and contacts the suspect has had with the Metropolitan Police Department as a victim, witness, or suspect;

(vii) The number and type of convictions on the suspect's criminal record;

(viii) The suspect's relationship, if any, to the victim of the crime for which he or she was charged; and

(ix) If known, whether the suspect has had prior contact with the Department of Behavioral Health; and

(G) The characteristics of each victim involved in a felony crime, including:

(i) The age of the victim;

(ii) The race of the victim;

(iii) The gender of the victim;

(iv) The level of education of the victim;

(v) The police service area where the victim resides;

(vi) The number of prior arrests and contacts the victim has had with the Metropolitan Police Department, as a victim, witness, or suspect;

(vii) The number and type of convictions on the victim's criminal record; and

(viii) The victim's relationship, if any, to the suspect.

(2) District agencies shall provide information to CJCC upon request to facilitate the creation of the report required by this subsection.

(b-9) The CJCC shall submit a report to the Mayor and Council on the efficacy of the pretrial detention provisions in the Secure DC Omnibus Amendment Act of 2024 [D.C. Law 25-175], no later than September 30, 2026. The report shall include the following descriptive data:

(1) The number and percentage of defendants whose charges are subject to the pretrial detention provisions in the Secure DC Omnibus;

(2) The number and percentage of defendants who were released pretrial prior to July 20, 2023, after July 20, 2023, and after June 8, 2024, by type of offense for which the defendant was charged;

(3) The number and percentage of defendants who were rearrested while on pretrial release prior to the effective date of the Prioritizing Public Safety Emergency, after July 20, 2023, and after June 8, 2024, by type of underlying offense for which the defendant was charged and by type of rearrest offense; and

(4) The time from the start of pretrial supervision to rearrest for pretrial defendants who were rearrested for dangerous crimes or crimes of violence prior to July 20, 2023, after July 20, 2023, and after June 8, 2024, which shall be disaggregated by type of underlying offense for which the defendant was charged.

(b-10) The CJCC shall submit a report to the Mayor and Council on the provisions in the Secure DC Omnibus relating to pre-trial detention for juveniles no later than September 30, 2026. The report shall include the following descriptive data:

(1) The number and percentage of juveniles who have been found to have a substantial probability to have committed a crime that is subject to the juvenile detention provisions in the Secure DC Omnibus;

(2) The number and percentage of juveniles who have been found to have a substantial probability to have committed a crime that is subject to the juvenile detention provisions in the Secure DC Omnibus who were released before a factfinding or dispositional hearing prior to July 20, 2023, after July 20, 2023, and after June 8, 2024 by type of offense for which the juvenile was charged;

(3) The number and percentage of juveniles who have been found to have a substantial probability to have committed a crime that is subject to the juvenile detention provisions in the Secure DC Omnibus who were placed in a youth shelter before a factfinding or dispositional hearing prior to July 20, 2023, after July 20, 2023, and after June 8, 2024 by type of offense for which the juvenile was charged;

(4) The number and percentage of juveniles who have been found to have a substantial probability to have committed a crime that is subject to the juvenile detention provisions in the Secure DC Omnibus who were rearrested while on release prior to a factfinding or dispositional hearing prior to July 20, 2023, after July 20, 2023, and after June 8, 2024, by type of underlying offense for which the juvenile was charged and by type of rearrest offense;

(5) The number and percentage of juveniles who have been found to have a substantial probability to have committed a crime that is subject to the juvenile detention provisions in the Secure DC Omnibus who were rearrested while placed in a youth shelter prior to a factfinding or dispositional hearing prior to July 20, 2023, after July 20, 2023, and after June 8, 2024, by type of underlying offense for which the juvenile was charged and by type of rearrest offense;

(6) The time from when a juvenile who was ordered released to rearrest for juveniles who have been found to have a substantial probability to have committed a crime who were rearrested for dangerous crimes or crimes of violence prior to July 20, 2023, after July 20, 2023, and after June 8, 2024; which data shall be disaggregated, by type of underlying offense for which the juvenile was charged; and

(7) The time from when a juvenile who was placed in a youth shelter to rearrest for juveniles who have been found to have a substantial probability to have committed a crime who were rearrested for dangerous crimes or crimes of violence prior to July 20, 2023, after July 20, 2023, and June 8, 2024; which data shall be disaggregated, by type of underlying offense for which the juvenile was charged.

(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.

(1) The CJCC shall conduct research and analysis, and develop reports, pertaining to childhood factors that increase the likelihood of future involvement in gun violence for young adults.

(2) Upon request by the CJCC, and to aid in the development of reports produced pursuant to this section, the Department of Health Care Finance ("DHCF") shall provide, or cause to be provided, the following information to the CJCC on adult individuals included in a given study sample for the period of time when the individuals were under 18 years of age, including any associated personal identifying information:

(A) Demographic data, 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;

(C) Claims data with mental, behavioral, and neurodevelopmental disorder diagnoses; and

(D) Claims data with mental health procedures.

(3) Where necessitated by District or federal law or regulations, DHCF may enter into a Memorandum of Understanding with the CJCC regarding the disclosure of data and other information pursuant to this section.

Legislative History

Oct. 3, 2001, D.C. Law 14-28, § 1505, 48 DCR 6981; Dec. 24, 2013, D.C. Law 20-61, § 3072, 60 DCR 12472