|
DC Watch Home
Council Period 12
Council Period 13
Council Period
14
Council Period
15
Election 1998
Election 2000
Election
2002
themail
Search DCWatch
|
Chairman Linda W. Cropp at the request of the Mayor
A BILL IN THE COUNCIL OF THE DISTRICT OF
COLUMBIA
Chairman Linda W. Cropp, at the
request of the Mayor, introduced the following bill which was referred to the Committee
on the Judiciary.
To amend Title 16 of the District of
Columbia Official Code to create a purpose clause that would establish a tone for the
juvenile delinquency provisions of the Code, and would express the goals of the
District in creating a juvenile justice system capable of dealing with the problem
of juvenile delinquency, while treating children as children and protecting
the needs of communities and victims alike; to amend Title 16 of the D.C. Official
Code to establish a constitutional standard for adjudicating juvenile competency and
a judicial procedure for committing an incompetent juvenile for treatment to
attain competency, and to ensure that no incompetent juveniles are adjudicated
delinquent; to amend Chapter 23 of Title 16 of the D.C. Official Code to ensure
the ability of governmental agencies to share information to carry out their
official duties, to amend juvenile confidentiality provisions to comport with the
requirements of the Family Court Act of 2001 and the Improved Child Abuse
Investigations Act of 2002, and to provide that victims and witnesses to crimes committed by
juveniles have the right to certain information; to amend D.C. Code
Official § 16-2307 to include a rebuttable presumption of no reasonable
prospects of rehabilitation for juveniles charged with certain violent crimes and to
shift the burden of proof for the transfer of juveniles age 15 years and older
charged with murder, first degree sexual abuse, first degree child sexual abuse,
burglary in the first degree, robbery while armed, carjacking while armed, assault with
intent to commit any such offense, or assault with intent to kill, and to ensure
that a transfer hearing is commenced within thirty days of the filing of a motion,
subject only to one continuance of no more than thirty days, and that the judicial
decision regarding transfer is rendered within a year of the filing of the motion to
transfer; to authorize the Corporation Counsel to issue subpoenas when conducting a
criminal or delinquency investigation in specified limited circumstances, to
establish a process for enforcing and contesting the subpoena, to provide
that the person served with a subpoena has the right to be accompanied by counsel at
a hearing on the person's neglect or refusal to obey the subpoena and during
questioning by the Corporation Counsel, and to require the Corporation Counsel to
advise the person of the right to be accompanied by counsel; to amend
Chapter 23 of Title 16 of the D.C. Official Code to require that the court find by
clear and convincing evidence that a juvenile who has pled or been found
guilty of an offense is not in need of care or rehabilitation before the court can
dismiss the matter at disposition, and to confirm that a case may not be
dismissed under this subsection only on the grounds that a child is receiving care
and rehabilitation in another case; to amend Chapter 23 of Title 16 of the D.C.
Official Code by establishing an offense for a child's willful failure to appear for
a delinquency hearing and to establish a presumption that a child who fails to
appear for a delinquency hearing is in need of care or rehabilitation; to amend
Chapter 23 of Title 16 of the D.C. Code to provide that victims and witnesses to
crimes committed by juveniles have certain rights including HIV/AIDS testing of
the juvenile, the right to be notified of and present at certain hearings regarding
the juvenile offender, the right to submit a victim impact statement, the right to
restitution, the right to certain information regarding the juvenile offender, and
to provide that victims and witnesses be treated with dignity and respect for
privacy, provided with a separate waiting area during proceedings, if practicable,
be informed of financial or social services available to them, and the return of
stolen property, and to ensure victim and witness security by prohibiting the
release of victim or witness names and addresses unless otherwise required
by law and by requiring a juvenile or an agent of the juvenile to properly identify
himself or herself when dealing with a victim or witness; to amend section 16-2320
of the District of Columbia Official Code to ensure that, under certain
circumstances, a child found in need of supervision is not committed to or placed in secured
settings designed for delinquent youth; to amend section 16-2323 of the District
of Columbia Official Code to provide that the Department of Human
Services/Youth Services Administration shall conduct periodic evaluations of a committed
child to determine if the services provided to the child have been effective; to
amend section 16-2319 of the District of Columbia Official Code to require
that when legal custody has been transferred to the Youth Services Administration
pursuant to a dispositional order that the Youth Services Administration conduct
an evaluation of every child taken into custody to determine the appropriate
services necessary for rehabilitation of the child and to develop an individual
treatment plan for the child; and to amend section 16-2325.01 of Title 16 of the
D.C. Official Code to require the involvement and participation of a
parent, guardian or other person with whom a child resides in the rehabilitation
process of child and establish a criminal offense, which may be prosecuted by the
Corporation Counsel, if a parent, guardian or other person with whom a child
resides fails to comply with an order requiring his or her participation in the
rehabilitation process of child.
BE IT ENACTED BY THE COUNCIL OF THE
DISTRICT OF COLUMBIA,
That this act may be cited as the
"Omnibus Juvenile Justice, Victim's Rights and Parental 42 Participation
Act of 2003".
Title 1- Purpose Clause.
Sec. 101. This title may be cited as
the "Purpose Clause Act of 2003".
Sec. 102. Title 16 of the D.C.
Official Code is amended by adding a new § 2300 to
read as follows:
"Sec. 2300. The purpose of this chapter is to create
a juvenile justice system capable of dealing with the problem of
juvenile delinquency, a system that will treat children as children in all phases of
their involvement, while protecting the needs of communities and victims alike. In
furtherance of this purpose, the following goals have been established for delinquency cases
in the Family Court:
"(1) To provide due process
through which juveniles and all other interested parties are assured fair hearings,
during which applicable constitutional and other legal rights
are recognized and enforced.
"(2) To promote youth
development and prevent delinquency through early intervention, diversion, and
community-based alternatives.
"(3) To preserve and strengthen
families whenever possible and to remove a child from the custody of his or her
parents, guardian or other custodian only when it is determined by the appropriate
authority to be in his or her best interests or when necessary for the safety and
protection of the public.
"(4) To hold a child found to be delinquent
accountable for his or her actions to the extent of the child's age,
education, mental and physical condition, background and all
other relevant factors.
"(5) To place a premium on the
rehabilitation of children with the goal of creating productive citizens and to recognize
that rehabilitation of children is inextricably connected to the well-being and
strength of their families.
"(6) To serve children in their
own neighborhood and communities whenever possible.
"(7) To achieve the foregoing
goals in the least restrictive settings necessary, with a preference at all times for the
preservation of the family and the integration of parental, guardian or custodial accountability
and participation in treatment and counseling programs.
"(8) To provide for the safety of
the public at large."
Sec. 103. The Council adopts the
fiscal impact statement in the committee report as the fiscal impact statement
required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24,
1973 (87 Stat. 813, D.C. Official Code §1-206.02
(c)(3)).
Title 11 - Juvenile Competency.
Sec 201. Short title.
This title may be cited as the
"Juvenile Competency Act of 2003".
Sec. 202. D.C. Official Code §
16-2307 is amended as follows:
(a) Section (c) is repealed.
(b) Section (d) is amended to read as
follows:
"(d) Unless a commitment order
under D.C. Official Code § 16-2315.01(e) has intervened, the Division shall
conduct a hearing on each transfer motion to determine whether to transfer the child for
criminal prosecution. This hearing shall be held within ten days (excluding Sundays and legal
holidays) of the filing of the transfer motion. The Division shall order the transfer if
it determines that it is in the interest of the public welfare and protection of the public
security and there are no reasonable prospects for rehabilitation. A statement of the
Division's reasons for ordering the transfer shall accompany the transfer order. The
Division's findings with respect to each of the factors set forth in subsection (e) of this
section relating to the public welfare and protection of the public security shall be included
in the statement. This statement shall be available upon request to any court in which the
transfer is challenged, but shall not be available to the trier of fact of the criminal
charge prior to verdict.".
Sec. 203. Title 16 of the District of
Columbia Official Code is amended as follows:
(a) The Table of Contents for the
title is amended by adding "16-2315.01". Incompetency in Juvenile Delinquency
Cases." after the phrase, "16-2315. Physical and mental
examinations."
(b) Section 2315 (c) is repealed.
(c) A new section 16-2315.01 is added
to read as follows:
"§ 16-2315.01. Incompetency in
Juvenile Delinquency Cases.
"(a) Raising Competency. If, at
any time after the filing of a petition and prior to the conclusion of the fact-finding
hearing or entry of a plea in a delinquency case, the court has reason to believe that the
child named in the petition may be incompetent to proceed, the court shall order an
evaluation of the child's mental condition. The state of respondent's competency at the time
of disposition shall not preclude the entry of a disposition order under D.C. Official
Code § 16-2320, as long as respondent was competent at the time of the entry of
the plea of guilty or at the time of the fact-finding hearing.
"(b) Competency Evaluation.
"(1) An evaluation to determine
competency shall be performed by at least one psychiatrist, clinical psychologist or
master's level psychologist who is qualified by training and experience in forensic
evaluation of juveniles.
"(2) The evaluation shall be
conducted on an outpatient basis, except that the court may order the evaluation be
conducted on an inpatient basis if:
"(A) respondent has been ordered
securely detained pursuant to D.C. 8 Official Code §
16-2310;
"(B) a psychiatrist examines the
child and makes a written finding, pursuant to D.C. Official Code §
16-2315 (b)(2) that the child is in need of a mental health examination which cannot be
effectively provided on an outpatient basis; or
"(C) the court finds that
hospitalization of the respondent for sufficient 13 evaluation
on competency is necessary.
"(3) If an order for inpatient
evaluation is made, the court may order the respondent sent to a hospital or
mental health facility or unit designated by the Mayor as appropriate for evaluations of
juveniles, or, if respondent has been detained, the court may order that the evaluation be
performed at a detention facility designated under D.C. Official Code § 16-2313 (b)(3). The
respondent shall be hospitalized or detained for such time as necessary to perform an
adequate evaluation of the respondent's competency, but not to exceed thirty days from the
date of admission to the hospital or detention facility. The court may order respondent
hospitalized or detained for an additional period, not to exceed 30 days, if the mental health
professional performing the evaluation deems that such additional period is necessary
to perform an adequate evaluation of the respondent's competency.
"(4) An order for evaluation
under this section shall include:
"(A) a copy of the petition;
"(B) the names and addresses of
the attorney for the District of Columbia 5 and the
attorney for the respondent, and
"(C) a summary of the reasons for
the evaluation request. The court shall require the attorney for the
respondent to provide any available mental health and educational records and other
information that is deemed relevant for purposes of the evaluation, and may issue such orders
as may be necessary to assist the attorney for respondent in gathering this
information.
"(5) A report of the competency
evaluation ordered under this section shall be made in writing and served on the
court and the attorneys off record. The report shall include the respondent's capacity to
understand the proceedings against him, including the nature of the charges and range
of potential options available to the court at disposition, and the respondent's
ability to assist his attorney. If found incompetent, the evaluation shall state: the reasons
and bases for that conclusion and the suspected cause of the incompetence, and the
recommended treatment to render respondent competent.
"(6) Within ten days of receipt
of a competency evaluation, if either party intends to challenge the findings contained
within the evaluation, the court shall, upon request of the challenging party, order that a
second evaluation be conducted, consistent with the procedures and requirements of
paragraphs (1) through (5) of this subsection.
"(c) Hearing. A hearing on the
respondent's competency is not required unless one is requested by either party. If
a hearing is held, respondent is presumed competent, and the party alleging that the
respondent is incompetent shall bear the burden of proving by a preponderance of the evidence the
respondent's incompetency, as defined in subsection (d)(2). The fact that the
respondent claims to be unable to remember the time period surrounding the alleged offense
shall not, by itself, bar a finding of competency if the respondent otherwise understands
the charges against him and can assist in his defense. Nor shall the fact that the
respondent is under the influence of medication bar a finding of competency if the
respondent is able to understand the charges against him and assist in his defense while medicated.
Respondent may not be found incompetent to 9 proceed on
the basis of his age alone.
"(d) Findings.
"(1) If the court finds
respondent competent, delinquency proceedings under this 12 chapter
shall resume forthwith.
"(2) A finding of competency
requires that the court find that respondent has the sufficient present ability to consult
with counsel with a reasonable degree of rational understanding and the respondent has
a rational and factual understanding to enter a plea of guilty or participate in a
fact-finding hearing on the charges contained in the delinquency petition. In rendering a
determination of competency, the court shall consider such remedial measures that
may be reasonably available during a fact-finding hearing in order to aid the
respondent in understanding the proceedings and in otherwise 20 participating
competently in his defense.
"(3) If a motion to transfer has
been filed pursuant to D.C. Official Code §16- 2307, the determination of competency
shall be made consistent with the procedures and requirements of this section, except
that the court's findings shall be made on the basis of whether respondent is competent to
participate in the pending transfer hearing only. The issue of respondent's competence to
enter a plea or stand trial in a criminal proceeding following respondent's transfer to the
Criminal Division of the Superior Court, must be raised at such time that the Criminal
Division asserts jurisdiction, in accordance with the applicable statutes and rules
governing criminal proceedings.
"(e) Treatment and Training
Services to Attain Competency.
"(1) Upon finding pursuant to
subsection (d)(2) or (d)(3) that respondent is incompetent, the court shall order
that the respondent receive such treatment and training services as the court determines is
appropriate to attain competency. The court may appoint a guardian ad litem to assist
respondent in attaining competency. The guardian ad litem shall be an attorney who
represents the best interest of respondent and may not be a member of the same law firm or
legal organization as counsel for the respondent.
"(2) Treatment and training
services to attain competency shall be provided to respondent on an outpatient basis,
except that the court may order the treatment and training services be conducted on an
inpatient basis if respondent has been ordered detained pursuant to D.C. Official
Code § 16-2310, or if the court finds that hospitalization of the respondent for
treatment and training services to attain competency is necessary.
"(3) If an order for inpatient
treatment and training services is made, the court may order the respondent sent to a
hospital or mental health facility or unit designated by the Mayor as appropriate for
treatment of juveniles alleged delinquent, or, if respondent has been detained, the court may
order the treatment and training services be performed at a detention facility designated
under D.C. Official Code § 16-2313(b)(3). The respondent shall be hospitalized or
detained for such time as necessary to provide adequate treatment and training
services for respondent, subject to the limitations of subsection (f) of this section. If a
motion to transfer has been filed pursuant to D.C. Official Code § 16-2307, the court
may order respondent transferred to a hospital or mental health facility or unit
designated by the Mayor for the treatment of adults, on or following respondent's eighteenth
birthday, if such hospital, facility or unit can segregate respondent
from adults.
"(4) An order for treatment and
training services under this subsection shall include:
"(A) a copy of the petition;
"(B) the names and addresses of
the attorney for the District of Columbia and the attorney
for the respondent;
"(C) a summary of the reasons
for the treatment, including the basis for the finding of incompetency and concerns
to be addressed to attain competency;
"(D) a copy of all competency
evaluations; and
"(E) a copy of all other mental
health and educational records relied upon by the court or by professionals who
conducted the competency evaluations, in determining respondent's
incompetency.
"(5) The Department of Mental
Health shall be responsible for implementation and oversight of an order for
treatment and training services under this subsection, except if the finding of incompetency is
based primarily upon respondent's mental retardation or developmental disabilities, the
Mental Retardation and Developmental Disabilities Administration shall be responsible
for implementation and oversight of an order for treatment and
training services under this subsection. Within 20 days of entry of
the order, the Department of Mental Health or the Mental
Retardation and Developmental Disabilities
Administration, whichever is applicable, shall name a qualified
psychiatrist or psychologist responsible for the
respondent's competency treatment and training. Where the Department of Mental Health
or the Mental Retardation and Developmental Disabilities Administration has reason
to believe that the respondent is dually diagnosed with mental illness and mental
retardation or a mental disorder and mental retardation, then the
Department of Mental Health and the Mental Retardation and Developmental Disabilities Administration shall
collaborate in assessing the respondent and jointly provide treatment and training
services for the respondent under this subsection.
"(f) Limitation on Time Period
for Treatment and Training Services
"(1) The respondent shall be
ordered to participate in treatment and training under this Section for such time as
may be necessary to attain competency, but not to exceed respondent's twenty-first
birthday.
"(2) The Department of Mental
Health or the Mental Retardation and Developmental Disabilities
Administration, whichever is responsible for implementation and oversight of the order under
subsection (e)(5), shall ensure that a report is prepared and submitted to the court and
attorneys of record every six months, or at such shorter intervals as ordered by the court,
from the date the order for treatment and services is issued. The report shall contain
information regarding the respondent's progress toward attaining competency, the treatment
and services being provided, and any recommendations regarding changes to
the treatment or services that would be likely to aid
in achieving the goal of the order.
"(3) If, at any time after the
respondent is ordered to undergo treatment or training services, the psychiatrist or
psychologist responsible for the treatment and training believes the respondent is competent,
the psychiatrist or psychologist shall immediately send a report to the court and
attorneys of record. The report shall contain the basis for the conclusion that respondent has
attained competency, specifically addressing the concerns raised by the court in its
order under subsection (e)(4) of this section.
"(4) A report finding respondent
competent under this subsection shall be sufficient for the court to enter a
finding of competency unless challenged by either party. If the finding of competency under
this subsection is challenged, further determination of respondent's competency shall be made
consistent with subsections (c) and (d) of this section. If respondent is then found
to remain incompetent, a further order for treatment and services shall be entered under
subsections (e) and (f) of this section. If respondent is found competent, delinquency
proceedings under this chapter shall resume forthwith.
"(g) Discharge Prior to
Respondent's Twenty-First Birthday.
"(1) If, at any time after the
respondent is ordered to undergo treatment or training services, the psychiatrist
or psychologist responsible for the treatment and training believes the respondent will
not become competent to proceed prior to his twenty-first birthday, or no later
than 90 days prior to the respondent's twenty-first birthday, the Department of Mental Health or the
Mental Retardation and Developmental 20 Disabilities
Administration, whichever is responsible for implementation and
oversight of the order under subsection (e)(5),
shall develop a proposed discharge plan for the respondent.
"(2) The proposed discharge plan,
along with the written opinion of the treating psychiatrist or psychologist stating
that the respondent will not become competent prior to his twenty-first birthday, shall be
provided to the court and the attorneys of record.
"(3) Within a reasonable period
after receipt of the proposed discharge plan and opinion, the court shall, if
challenged by either party, convene a hearing to determine whether the respondent will become
competent to proceed prior to his twenty-first birthday. If the court determines, by
a preponderance of the evidence, that respondent will not become competent to proceed
prior to his twenty-first birthday, the court shall 9 issue
a discharge order.
"(4) Upon entry of a discharge
order under this subsection, the Department of Mental Health or the Mental
Retardation and Developmental Disabilities Administration, whichever is applicable, shall
implement the discharge plan and the Corporation Counsel shall
consider whether to petition for respondent's civil commitment under
Title 7 or Title 21 of the District of Columbia
Code.
"(5) If held at a facility or
unit pursuant to subsection (e)(3) of this section, respondent must be released no later
than 30 days after entry of the discharge order, but in no instance later than
respondent's twenty-first birthday.
"(6) The petition alleging
delinquency shall be dismissed 30 days after entry of the discharge order, but in no
instance later than respondent's twenty-first birthday
"(h) Inapplicable to persons in
need of supervision. The requirement of competency is
inapplicable to juveniles charged as persons in need of supervision.".
Sec. 204. Sections 927 (a) and (b) of
An Act to establish a Code of Law for the District of Columbia, as amended,
approved March 3, 1901 (31 Stat. 1340, ch. 854; D.C. Official Code § 24-501 (a) and (b))
are amended as follows:
"(a) If it appears to a court
having jurisdiction of a person arrested, or indicted for, or charged by information with,
an offense that, from the court's own observations or from prima facie evidence submitted to
it and prior to the imposition of sentence, or the expiration of any period of probation,
as the case may be, such person (hereafter in this subsection and subsection (b) referred
to as the "accused") is of unsound mind or is mentally incompetent so as to be unable to understand
the proceedings against him or properly to assist in his own defense,
the court may order the accused committed to a hospital of the District of Columbia
government or other mental hospital designated by the court, for such reasonable
period as the court may determine for examination and observation and for care and
treatment if such is necessary by the psychiatric staff of said hospital. If after such examination
and observation, the superintendent of the hospital, in the case of a mental hospital, or the
chief psychiatrist of the District of Columbia government hospital, shall report
that in his opinion the accused is of unsound mind or mentally incompetent, such report
shall be sufficient to authorize the court to commit by order the accused to a hospital for
the mentally ill unless the accused or the government objects, in which event the court,
after hearing without a jury, shall make a judicial determination of the competency of
the accused to stand trial. If the court shall find the accused to be then of unsound mind or
mentally incompetent to stand trial, the court shall order the accused confined to a
hospital for the mentally ill.
"(b) Whenever an accused person
confined to a hospital for the mentally ill is restored to mental competency in the
opinion of the superintendent of said hospital, the superintendent shall certify such fact
to the clerk of the court in which the indictment, information, or charge against the
accused is pending and such certification shall be sufficient to authorize the court to
enter an order thereon adjudicating him to be competent to stand trial, unless the
accused or the government objects, in which event, the court, after hearing without a
jury, shall make a judicial determination of the competency of the accused to stand
trial.".
Sec. 205. Fiscal impact statement.
The Council adopts the fiscal impact
statement in the committee report as the fiscal impact statement required by section 602 (c)(3)
of the District of Columbia Home 10 Rule Act, approved December 24, 1973
(87 Stat. 813; D.C. Official Code § 1-206.02 (c)(3)).
TITLE III - Confidentiality of
Juvenile Records.
Sec. 301. Short title.
This title may be cited as the
"Confidentiality of Juvenile Records Act of 2003".
Sec. 302. Chapter 23 of Title 16 of
the D.C. Official Code is amended as follows:
(a) Section 16-2331(b) is amended as
follows:
(1) By adding a new § 16-2331(b)(3A)
to read as follows:
"(3A) at the discretion of the
Corporation Counsel, each witness, victim, or the immediate family members or
caretakers of each witness or victim if the witness or victim is a child or is deceased or
incapacitated, when the information relates to the placement of respondent, conditions
of respondent's release, the offenses charged in the petition, the terms of any diversion
program, plea agreement, any findings, verdicts or decrees related to the adjudication
of the case, or the terms of any order of disposition, or post-dispositional order that modifies
the disposition order, unless the release of such information is otherwise prohibited by
law;".
(2) By amending § 16-2331(b)(4) to
read as follows:
"(4) any court or its probation
staff in which respondent is charged or convicted as a respondent in a delinquency matter,
or status offense, or as a defendant in a criminal offense, and counsel for the
respondent or defendant in that case;"
(3) By amending § 16-2331(b)(6) to
read as follows:
"(6) the United States Attorney
for the District of Columbia, his assistants, and any other prosecuting attorneys when
necessary for the discharge of their official duties;"
(4) By amending § 16-2331(b)(9) to
read as follows:
"(9) the Mayor's Family Court
Liaison, and the other agencies which participate in the delivery of services to
individuals and families under the jurisdiction of the Family Court, for the purpose of carrying
out their official duties;"
(5) By adding a new § 16-233 1
(b)(9A) to read as follows:
"(9A) the Children's Advocacy
Center and the public and private agencies and institutions that are members of the
multidisciplinary investigation team (MDT), for purposes of carrying out their
official duties;"
(6) By amending §16-2331(b)(10) by
striking the period and inserting ";and"
in lieu thereof;
(7) By adding a new § 16-2331(b)(11)
to read as follows:
"(11) any law enforcement
personnel when necessary for the discharge of their official duties. This shall include,
but not be limited to, enforcing stay-away, release, and disposition orders, aiding in
delinquency or criminal investigations, and assisting in 2 enforcement
of custody orders."
(b) Section 16-2332(b) is amended as
follows:
(1) By amending § 16-2332(b)(7) by
striking the period and inserting ";and" in
lieu thereof;
(2) By adding a new § 16-2332(b)(8)
to read as follows:
"(8) the Mayor's Family Court
Liaison, and the other agencies which participate in the delivery of services to
individuals and families under the jurisdiction of the Family Court, for the purpose of carrying out
their official duties;"
(3) By adding a new § 16-2332(b)(9)
to read as follows:
"(9) the Children's Advocacy
Center and the public and private agencies and institutions that are members of the
multidisciplinary investigation team (MDT), for purposes of carrying out their
official duties; and"; and
(4) By adding a new § 16-2332(b)(10)
to read as follows:
"(10) any law enforcement
personnel when necessary for the discharge of their official duties. This shall include,
but not be limited to, enforcing stay-away, release, and disposition orders, aiding in
delinquency or criminal investigations, and assisting in
enforcement of custody orders."
(c) Section 16-2333(b) is amended as
follows:
(1) By adding a new § 16-2333(b)(4A)
to read as follows:
"(4A) the United States Attorney
for the District of Columbia, his assistants, and any other prosecuting attorneys when
necessary for the discharge of their official duties;"
(2) By amending § 16-2333(b)(5) to
read as follows:
"(5) any court or its probation
staff in which respondent is charged or convicted as a respondent in a delinquency matter,
or status offense, or as a defendant in a criminal offense, and counsel for the
respondent or defendant in that case;"
(3) By amending § 16-2333(b)(9) by
striking the period and inserting 5 ";and" in
lieu thereof, and
(4) By adding a new § 16-2333(b)(10)
to read as follows:
"(10) the Mayor's Family Court
Liaison, and the other agencies which participate in the delivery of services to
individuals and families under the jurisdiction off the Family Court, for the purpose of carrying out
their official duties;"
(5) By adding anew § 16-2333(b)(11)
to read as follows:
"(11) the Children's Advocacy
Center and the public and private agencies and institutions that are members of the
multidisciplinary investigation team (MDT), for purposes of carrying out their
official duties; and"
(6) By adding a new § 16-2333(b)(12)
to read as follows:
"(12) each witness, victim, or
the immediate family members or caretakers of the witness or victim if the witness or
victim is a child or is deceased or incapacitated, when the records relate to the
incident in which they were a witness or victim."
Sec. 303. The Council adopts the
fiscal impact statement in the committee report as the fiscal impact statement
required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24,
1973 (87 Stat. 813; D.C. Official Code §1-206.02(c)(3)).
Title IV - Transfer of Violent
Juvenile Offenders.
Sec. 401. Short title.
This title may be cited as the
"Violent Juvenile Offenders Transfer Act of 2003".
Sec. 402. D.C. Official Code §
16-2301(3)(A)(i) is amended by inserting at the end the phrase ", or assault with
intent to kill,".
Sec. 403. D.C. Official Code §
16-2307 is amended as follows:
(a) Section (d) is amended to read as
follows:
"(d) Unless a commitment order
under D.C. Official Code § 16-2315.01(e) has intervened, the Division shall conduct
a hearing on each transfer motion to determine whether to transfer the child for
criminal prosecution. This hearing shall commence not later than thirty (30) days of the
filing of the transfer motion. Upon motion of respondent or the Corporation Counsel, for good
cause shown, the hearing may be continued for an additional period not to exceed
thirty (30) days. Under no circumstances may the hearing on the motion to transfer commence
more than sixty (60) days of the filing of the motion. The Division shall order the transfer
if it determines that it is in the interest of the public welfare and protection of the public
security and there are no reasonable prospects for rehabilitation. A statement of the
Division's reasons for ordering the transfer shall accompany the transfer order. The
Division's findings with respect to each of the factors set forth in subsection (e) of this
section relating to the public welfare and protection of the public security shall be included
in the statement. This statement shall be available upon request to any court in which
the transfer is challenged, but shall not be available to the trier of fact of the criminal
charge prior to verdict.";
(b) Section (e)(4) is amended by
striking the word "past";
(c) Subsection (e-2) is amended to
read as follows:
"There is a rebuttable
presumption that a child 15 through 18 years of age who has been charged with any of the
following offenses, should be transferred for criminal prosecution in the interest
of public welfare and the protection of the public security, and because there are no
reasonable prospects for rehabilitation:"
(d) Subsection (e-2) is further
amended by striking paragraphs (1) and (2).
(e) A new subsection (e-3) is added to
read as follows:
"(e-3) A child 15 through 18
years of age who has been charged with any of the following offenses, shall be required
to establish by a preponderance of the evidence that he should not be transferred for
criminal prosecution in the interest of public welfare and the protection of the public
security, and because there are no reasonable prospects for rehabilitation:
"(1) Murder, first degree sexual
abuse, burglary in the first degree, robbery while armed, carjacking while
armed, assault with intent to commit any such offense, or assault with intent to
kill; or
"(2) Any offense listed in
paragraph (1) of this subsection and any other offense properly joinable with such
an offense.".
"(3) Any offense listed in subsection (e-2) of
this section that is a part of continuing criminal activity in
concert with one or more persons, and the circumstances of the
offense show that the child has knowingly devoted himself or herself to
criminal activity."
(f) A new section (1) is added to
read as follows:
"(i) Notwithstanding subsection
(d) of this section, the judicial decision whether to transfer the child shall be
made within one year of the filing of the motion requesting transfer of the
child for criminal prosecution. For good cause shown, the Division may extend the
time in which to issue its decision.".
Sec. 404. Fiscal Impact Statement.
The Council adopts the fiscal impact
statement in the committee report as the fiscal impact statement required by
section 602 (c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973
(87 Stat. 813; D.C. Official Code §1-206.02 (c)(3)).
TITLE V - Corporation Counsel
Subpoena Authority
Sec. 501. Short title.
This title may be cited as the
"Corporation Counsel Subpoena Authority Act of 2003".
Sec. 502. Scope of Corporation
Counsel Subpoena Authority.
The Corporation Counsel, or any
designated Assistant Corporation Counsel, may issue subpoenas and take testimony
under oath in furtherance of the following criminal or delinquency investigations or
prosecutions:
(a) Any delinquent act as defined in
D.C. Official Code § 16-2301(7) that would constitute a felony offense if an
adult had committed it or any intrafamilial offense as defined in D.C. Official Code §16-1001(5) that would constitute a misdemeanor if an
adult
had committed it; and
(b) Any criminal offense that is
prosecuted by the Office of the Corporation Counsel where the penalty may exceed
thirty days imprisonment.
Sec. 503. Issuance of a subpoena and
examination under oath.
(a) The subpoena issued under section
502 may require any person to appear and be examined under oath and/or to
produce any books, papers, documents, or other objects designated therein or any other record
however maintained, including those electronically stored, that are relevant or material
to the investigation or prosecution.
(b) Witnesses, other than those
employed by the District of Columbia, summoned under subsection (a) of this section
shall be paid the same fees and mileage that witnesses are paid in the Superior Court of the
District of Columbia, but the fees need not be tendered to the witnesses before they appear and are
examined under oath or produce books, records,
papers, documents or other objects.
(c) A subpoena issued under
subsection (a):
(1) Shall state that the Office of
the Corporation Counsel is the issuing authority and shall command each
person to whom it is directed to attend and give testimony and/or to produce any
books, papers, documents, or other objects designated therein or any other
record however maintained, including those electronically stored, that are
relevant or material to the investigation at the time and place
specified therein;
(2) May be served by any person who
is not less than 18 years; and
(3) Shall contain a short, plain
statement of the recipient's rights and the procedure for enforcing and
contesting the subpoena.
(d) The Corporation Counsel, or any
designated Assistant Corporation Counsel, may administer oaths to witnesses
summoned in any investigation under subsection (a) of this
section.
(e) The Corporation Counsel, or any
designated Assistant Corporation Counsel, shall cause the testimony of the
witness to be recorded stenographically or by an electronic recording device, unless
the attorney issuing the subpoena and the witness agree in writing not to do so. If the
testimony is transcribed, the Corporation Counsel, or any designated Assistant Corporation
Counsel, shall afford the witness a reasonable opportunity to examine the transcript
or, if the witness cannot read, it shall be read to him or her, unless the witness waives the
examination or reading. Any typographical or stenographical errors which the
witness desires to correct shall be entered and identified upon an errata sheet to be attached to
the transcript. The transcript shall then be signed by the witness, unless the witness in
writing waives the signing, is ill, cannot be found, or refuses to read or have the
transcript read to him or her, or if he or she refuses to sign the transcript. If the transcript is not
signed by the witness within 15 days of the witness being afforded a reasonable
opportunity to examine the transcript, the Corporation Counsel, or any designated Assistant
Corporation Counsel, shall sign the transcript and state on the record the fact of the
waiver, illness, absence of the witness, or the refusal to sign, together with the reason, if
any, given therefore.
(f) Only attorneys for the government
and their staff, other people involved in the investigation, the witness under
examination, his or her attorney, interpreters when needed and, for the purpose of taking
the evidence, a stenographer or operator of a recording device may be
present during the taking of the testimony.
Sec. 504. General Rule of Secrecy.
(a) Except as provided by § 504(b),
attorneys for the government and their staff, the witness under examination and his
or her attorney, interpreters when needed, any person to whom disclosure is made
under § 504(b) and, for the purpose of taking the evidence, a stenographer or operator
of a recording device and a typist who transcribes recorded testimony, shall not disclose
any testimony taken pursuant to a subpoena issued pursuant
to this act.
(b) Notwithstanding § 504(a),
testimony taken pursuant to a subpoena issued 6 under
this act may be disclosed:
(1) to attorneys for the government
for use in the performance of their duties;
(2) to other government personnel
(including personnel of the federal government or of a state or subdivision of a state) as
are deemed necessary by an attorney for the
government to assist that attorney in the performance of such attorney's
duty to enforce District of Columbia law;
(3) at a hearing pursuant to a court
rule implementing the Jencks Act, 18 U.S.C. §3500;
(4) when so directed by an order of a
court within the District of Columbia preliminarily to, or in connection
with, a judicial proceeding;
(5) when the disclosure is made by an
attorney for the government to a 18 grand jury in the
District of Columbia.
(c) Any person to whom matters are disclosed under §
504(b)(2) shall not utilize 20 the testimony procured through the
issuance of a subpoena under this act for any purpose 21 other than
assisting the attorney for the government in the performance of such
attorney's 22 duty to enforce District of Columbia law.
Sec. 505. Witnesses' Rights.
(a) At the time that the subpoena is
served, the person serving the subpoena shall advise the subpoenaed individual of
his or her right to be accompanied by counsel as provided by subsection (c) of this
section.
(b) The Superior Court of the District
of Columbia may quash or modify the subpoena if compliance would be
unreasonable or oppressive or violate any privilege the witness may be entitled to exercise in
a court proceeding.
(c) Any person compelled to appear by
subpoena may be accompanied, represented, and advised by counsel.
The person served with the subpoena, or his or her counsel, may object on the record to
any question, in whole or in part and shall briefly state for the record the reason for
the objection. An objection may properly be made, received, and entered upon the record
only when a claim is made that such person is entitled to refuse to answer the
question on grounds of any constitutional or other legal privilege, including the privilege
against self-incrimination. Such person shall not otherwise object to or refuse to
answer any question, and shall not him or herself, or through counsel, otherwise interrupt
the oral examination. Counsel may not talk to a witness while a question is pending.
If such person refuses to answer any question, the Corporation Counsel, or any
designated Assistant Corporation Counsel, may petition the Superior Court of the District of
Columbia pursuant to this section for an order compelling such person to answer such
question. If such person refuses to answer any question on the grounds of privilege
against self-incrimination, the testimony of such person may be compelled by order of
court upon the granting of immunity by the 22 appropriate
prosecuting authority.
Sec. 506. Penalties.
(a) If any witness having been
personally summoned shall neglect or refuse to obey the subpoena, the Corporation
Counsel, or any designated Assistant Corporation Counsel, may report that fact to the
Superior Court of the District of Columbia and provide a copy of the subpoena and
proof of service. The court shall conduct a hearing and may grant appropriate relief after
providing the person who allegedly failed to comply with a subpoena an opportunity
to be heard and be represented by counsel. The Superior Court may compel obedience to
the subpoena to the same extent as witnesses may be compelled to obey
the subpoenas of that court.
(b) Any willful false swearing on the
part of any witness testifying about a material fact pursuant to a subpoena
issued under this act shall be deemed perjury and shall be subject to prosecution under
District of Columbia law by the Corporation Counsel in the name of the District
of Columbia.
(c) Any person who knowingly violates
any provision of § 504 shall be guilty of a misdemeanor and, upon
conviction thereof, shall be fined not more than $250 or imprisoned not more than ninety days,
or both. Violations of this subsection shall be prosecuted by the Corporation Counsel
in the name of the District of Columbia.
Sec. 507. Fiscal impact statement. fiscal impact statement required by
section 602 (c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973
(87 Stat. 813; D.C. Official Code §1-206.02(c)(3)).
TITLE VI - Juvenile Disposition.
Sec. 601. Short title.
This title may be cited as the
"Juvenile Disposition Act of 2003".
Sec. 602. D.C. Official Code §16-2309 is amended by adding the following new
paragraph
(9) to read as follows:
"(9) by a law enforcement officer
when the officer has reasonable grounds to believe that the child has violated a
court order."
Sec. 603. D.C. Official Code §
16-2317(c) is amended by striking the last sentence that reads "In the
absence of evidence to the contrary, a finding of the commission of an act which would
constitute a criminal offense if committed by an adult is sufficient to sustain a finding of
need for care or rehabilitation in delinquency and need of supervision cases.", and
inserting in its place the following sentence to read as follows:
"There shall be a rebuttable
presumption that a finding of the commission of an act which would constitute a criminal offense
if committed by an adult is sufficient to sustain a finding of need for care or
rehabilitation in delinquency and need of supervision cases."
Sec. 604. D.C. Official Code §
16-2317(d) is amended as follows:
"(d)(1) Determinations of
whether a child is in need of care or rehabilitation may only be made at the dispositional
hearing.
"(d)(2) In order to overcome the
presumption of a need for care or rehabilitation in subsection (c), the Division must
find by clear and convincing evidence at the dispositional hearing that the child
is not in need of care or rehabilitation before it may terminate
proceedings.
"(d)(3) The fact that a child is
receiving care or rehabilitation in another case shall 2 not
be the only grounds for dismissal."
Sec. 605. D.C. Official Code §16-2322(c) is amended by inserting the phrase "or
Corporation Counsel" after
"Director of Social Services".
Sec. 606. Fiscal impact statement.
The Council adopts the fiscal impact
statement in the committee report as the fiscal impact statement required by
section 602 (c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973
(87 Stat. 813; D.C. Official Code §1-206.02(c)(3)).
TITLE VII - Juvenile Failure to
Appear.
Sec. 701. Short title.
This title may be cited as the "Juvenile Failure
to Appear Offense Act of 2003".
Sec. 702. Chapter 23 of Title 16
of the D.C. Official Code is amended by adding a new section
16-2316.02 entitled "Offense for Failure to Appear at
Hearings" to read as follows:
"§ 16-2316.02 Offense for
Failure to Appear at Hearings.
"(a) Any child who was released
pursuant to D.C. Official Code §16-2311, §16-2312, or pursuant to any other
authority by the Division or the Director of Social Services in a delinquency matter, and who
willfully fails to appear before any court or judicial officer as required shall have
committed a delinquent act.
"(b) Any failure to appear after
notice of the appearance date shall be prima facie evidence that such failure to appear
is willful. Whether the person was warned when released of the penalties for failure
to appear shall be a factor in determining whether such failure to appear was willful,
but the giving of such warning shall not be a prerequisite to conviction under this
section.
"(c) The Division may find that
the allegation that the child willfully failed to appear before a court or judicial
officer has been established by proof beyond a reasonable doubt under this section
even if the respondent has not received actual notice of the appearance date if actual
notice is served upon the child's parent or guardian.
"(d) A finding of the commission
of willful failure to appear for a delinquency hearing shall sustain a finding of
need for care or rehabilitation for both the failure to appear
and underlying offenses.
Sec. 703. Applicability. This title
shall apply to any child who willfully fails to appear before any court or judicial
officer after the effective date of this act.
Sec. 704. The Council adopts the
fiscal impact statement in the committee report as the fiscal impact statement
required by section 602 (c)(3) of the District of Columbia Home Rule
Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code §1-206.02
(c) (3)).
TITLE VIII - Victims of Juvenile Offenders Bill of Rights and
Delinquency Accountability.
Sec. 801. Short title.
This title may be cited as the
"Victims of Juvenile Offenders Bill of Rights and 20 Delinquency
Accountability Amendment Act of 2003".
Sec. 802. The table of contents for
Chapter 23 of Title 16 of the D.C. Official 22 Code is
amended as follows:
(a) The Table of Contents is amended
by adding:
(1) The phrase "16-2320.1.
Restitution." after the phrase "16-2320. Disposition of child who is neglected,
delinquent, or in need of supervision.";
(2) The phrase "16-2340.
Treatment of victim or witness of delinquent acts; rights of victims or witnesses
in delinquency proceedings; privacy and security of victims or witnesses in delinquency
proceedings" after the phrase "16-2339. Immunity for juveniles who are witnesses in
juvenile proceedings.".
(b) D.C. Official Code § 16-2315(a)
is amended to add a paragraph number (1) 8 and to read
as follows:
" (1) At any time following the
filing of a petition, or upon the Division granting a continuance for the filing
of the petition under section 16-2312 (g), on motion of the Corporation Counsel or
counsel or counsel for the child, or on its own motion, the Division may order a child to be
examined to aid in determining his or her physical or mental
condition.
"(2) Upon request of the
Corporation Counsel, or his or her designee, the Division shall hold a hearing to
determine whether there is probable cause to believe that a victim or witness to a crime may
have been put at risk for the HIV/AIDS virus. The results of the child's HIV/AIDS
testing shall be presented to the Corporation Counsel or his or her designee who shall provide
the information to the respondent and victim or witness to a crime. The victim or
witness may only disclose the respondent's identity to 20 a
doctor or counselor.".
(c) D.C. Official Code § 16-2316(e)
is amended to read as follows:
"(e) All hearings and
proceedings under this subchapter shall be recorded by appropriate means. Except in hearing
to declare a person in contempt of court, the general public shall be excluded from
hearings arising under this subchapter. Only persons necessary to the proceedings shall be admitted,
but the Division may, pursuant to rule of the Superior Court, admit
such other persons (including members of the press) as have
a proper interest in the case or the work of the court on condition that
they refrain from divulging information identifying
the child or members of his or her family involved in the proceedings. The
witness' and victims' immediate family members or caretakers shall have the right to be
present during the victims' or witness' testimony at a fact-finding hearing. The witness and
victim, and the immediate family members or caretakers of the witness and victim,
shall have the right to attend all disposition and post-disposition hearings. Any person
who by virtue of this subsection attends a fact-finding, disposition, or
post-disposition hearing shall be bound by the confidentiality requirements of D.C. Official Code
§§ 16-2331, 16-2332, and 16-2333.".
(d) D.C. Official Code §16-2317 is
amended as follows:
(1) By inserting the following two
new sentences at the end of subsection (c): "In determining whether a child is in
need of care and rehabilitation the Division shall consider any victim impact statement
submitted by Corporation Counsel and shall hear from any witnesses or victims, or the
family of any witnesses or victims when the witness or victim is a child or when
the witness or victim is deceased or incapacitated. In determining if a child is in need
of care or rehabilitation, the Division shall consider if the dismissal of the case is in the
interest of the public welfare and the protection of the public
security.".
(2) By adding a new subsection (f) to
read as follows:
"(f) The Corporation Counsel
shall give prompt notice, if practicable, of any disposition and post-disposition
hearings to the victim(s), or the family of the victim(s) when the victim is a child or when the
victim is deceased or incapacitated.".
(e) D.C. Official Code § 16-2319 (a)
is amended to read as follows:
"(a) After a motion or transfer
has been filed, or after the Division has made findings pursuant to subsection (c) of
section 16-2317 sustaining the allegations of a petition and, in neglect cases, the
conclusion that the child is neglected, the Division shall direct that a predisposition study and
report to the Division be made by the Director of Social Services or a qualified agency
designated by the Division concerning the child, his or her family, his or her
environment, and other matters relevant to the need for treatment or disposition of the case. The
predisposition report shall include, and take into consideration, any victim impact
statement submitted by Corporation Counsel. Except in connection with a hearing on a
transfer motion, no predisposition study or report shall be furnished to or considered by the
Division prior to completion of the fact-finding hearing.".
(f) D.C. Official Code § 16-2320 is
amended by adding a new subsection (c-2) to read as
follows:
"(c-2) When determining what
disposition shall be ordered under subsection (c), the Division shall consider any
victim impact statement submitted by Corporation Counsel and shall hear from the
victim(s), or the family of the victim(s) when the victim is a child or when the victim is
deceased or incapacitated.".
(g) A new § 16-2320.1 is added to
read as follows:
"§ 16-2320.1. Restitution.
"(a)(1) The Division may enter a
judgment of restitution in any case in which the court finds a child has committed a
delinquent act and during or as a result of the commission of that delinquent act has.
"(A) Stolen, damaged, destroyed,
converted, unlawfully obtained, or substantially decreased the value of
the property of another;
"(B) Inflicted personal injury on
another, requiring the injured person to incur medical, dental, hospital, loss
wages, funeral, or burial expenses; or
"(C) Caused the victim of the
delinquent act to incur reasonable counseling or other mental health
expenses from a licensed health care provider if the delinquent act involved personal
injury, child or sexual abuse, robbery or burglary.
"(2) The Division may order the
parent or guardian of a child, a child, or both to make restitution to:
"(A) The victim;
"(B) Any governmental entity;
"(C) A third party payor,
including an insurer, that has made payment to the victim to compensate
the victim for a property loss under paragraph (1)(A) of this subsection or
pecuniary loss under paragraph (1)(B) or (C) of this subsection "(3) (A) Restitution payments to
the victim have priority over restitution 20 payments
to a third party payor.
"(3) Payment of restitution to a
victim under this section has priority over payment of restitution
to any governmental entity.
"(4) If the victim has been
compensated for the victim's loss by a third party payor, the Division may order
restitution payments to the third party payor in the amount that the third party payor
compensated the victim.
"(b) The Division may order the
child to make restitution directly to the victim, governmental entity, or third party
payor after consideration of the age, circumstances, and financial ability of the child to
pay. The Division may order the parent or guardian to make restitution directly to the
victim, governmental entity, or third party pay or after consideration of the parent or
guardian's financial ability to pay.
"(c)(l) A judgment rendered under
this section may not exceed:
"(A) As to property stolen,
destroyed, converted, or unlawfully obtained, the lesser of the fair
market value of the property or $10,000;
"(B) As to property damaged, or
substantially decreased in value, the lesser of the amount of damage or
the decrease in value of the property, not to exceed the fair market value of the
property, or $10,000;
"(C) As to personal injuries
inflicted, the lesser of the actual medical, dental, hospital, funeral,
and burial expenses incurred by the injured person as a result
of the injury or $10,000.
"(D) As to counseling or mental
health expenses, the lesser of the actual expenses incurred by the
injured person as a result of the incident or $10,000.
"(2) As an absolute limit in
each case against any one child, his or her parents or guardians, or both, a judgment
rendered under this section may not exceed $10,000 for all acts
arising out of a single incident.
"(d) A restitution hearing to determine the liability of a
parent or guardian, a child, or both, shall be held not
later than 30 days after the disposition hearing and may be extended by the Division for good
cause. A hearing under this section may be held as part of a factfinding or disposition
hearing for the child. A judgment of restitution against a parent or guardian may not
be entered unless the parent or guardian has been afforded a reasonable opportunity to
be heard and to present appropriate evidence in the parent
or guardian's behalf.
"(e) In a restitution hearing, a
written statement or bill for medical, dental, hospital, funeral, burial expenses,
and repair and replacement of property shall be prima facie evidence that the amount
indicated on the written statement or bill represents a fair and reasonable charge for the
services or materials provided. The burden of proving that the amount indicated on the written
statement or bill is not fair and reasonable shall be on the person challenging the fairness
and reasonableness of the amount.
"(f) Upon request of the
Corporation Counsel or the recipient of a res same manner that a monetary judgment
is enforced by the Superior Court under Title 15 of the D.C. Official Code and
applicable court rules,
"(g) The Director of Social
Services is responsible for monitoring the collection and disbursement of restitution
payments when the restitution order provides that restitution is to be made in periodic
or installment payments.
"(h) An order of restitution
shall not preclude a civil action to recover damages from the child, parent, or guardian.
A civil verdict shall be reduced by the amount paid under the restitution order. A
restitution order may be filed under seal in any civil case.
"(i) If at the restitution
hearing the Division finds that a child is financially unable to pay restitution pursuant to
subsection (b), the Division may order the child to perform community service or some other
non-monetary service of equivalent value in lieu thereof. If at the restitution hearing
the Division finds that a parent or guardian is financially unable to pay restitution
pursuant to subsection (b), the Division may order the parent or guardian to perform
community service or some other non-monetary service of
equivalent value in lieu thereof.".
(h) By adding a new § 16-2340 to read
as follows:
"§ 16-2340. Treatment of victim
or witness of delinquent act; rights of victims or witnesses in delinquency
proceedings; privacy and security of victims or witnesses
in delinquency proceedings.
"(a) A victim or a witness of a
delinquent act should:
"(1) Be treated with dignity,
respect, courtesy, sensitivity and with respect 14 for
the victim's or witness' privacy;
"(2) Be notified in advance of
dates and times of juvenile factfinding hearings, disposition hearings, and
post-disposition hearings;
"(3) During any phase of the
investigative proceedings or court proceedings, be provided, to the
extent practicable, a waiting area that is separate from the child alleged to be delinquent
and the family and friends of the child alleged to be delinquent;
"(4) Be informed by the
appropriate juvenile justice agency of financial assistance, criminal injuries
compensation, and any other social services available to the victim, and receive assistance or
information on how to apply for such programs;
"(5) Be advised of the right to
have stolen or other property promptly returned and, on written request, have the property
promptly returned by law enforcement agencies when
means can be employed to otherwise satisfy evidentiary requirements for prosecution, unless there is a
compelling law enforcement reason for retaining the stolen property;
and
"(6) Be informed, in appropriate
cases, by the Corporation Counsel of the right to
request restitution.
"(b) Before, during, and
immediately after any court proceeding, the court shall provide appropriate safeguards to
minimize the contact that may occur between the respondent, or respondent's family
and witnesses for respondent, and the victim, witnesses for the Corporation
Counsel, and the family of the victim or the Corporation Counsel's
witnesses.
"(c) Except as otherwise
mandated by law, the District government shall not be required to disclose the names or
addresses of its witnesses prior to a hearing.
"(d) The respondent, the
respondent's attorney or another person acting on behalf of the respondent shall clearly
identify himself or herself as being, representing or acting on behalf of the respondent at the
beginning of any contact with the victim, the victim's family, or other persons believed to
be witnesses to the offenses charged.
"(e) Nothing in this section may
be construed as creating a cause of action against the District of Columbia, any
public official, employee, or public agency responsible for implementing or
carrying out the provisions of this section.".
Sec. 803. The Council adopts the
fiscal impact statement in the committee report as the fiscal impact statement
required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24,
1973 (87 Stat. 813, D.C. Official Code § 12 206.02
(c)(3)).
TITLE IX -- Release of Certain
Children in Need of Supervision. 4 Sec. 901. Short
Title.
This title may be cited as the
"Release of Certain Children in Need of Supervision 6 Act of
2003".
Sec. 902. D. C. Official Code
16-2320(d) is amended to read as follows:
"No child found in need of
supervision, as defined by D.C. Official Code §16-2301(8), unless also found delinquent,
shall be committed to or placed in an institution or facility for delinquent children, but
shall be released to the child's parent, guardian, or custodian, unless the return of the
child will result in placement in, or return to, an abusive situation, or the child's
parent, guardian or custodian is unwilling or unable to care for or supervise the child.
Notwithstanding the previous sentence, if the child is not released to the child's parent,
guardian, or custodian, and the child has previously been found in need of supervision, the
child may be committed to or placed in an institution or facility
for delinquent children."
Sec. 903. The Council adopts the
fiscal impact statement in the committee report as the fiscal impact statement
required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24,
1973 (87 Stat. 813, D.C. Official Code §1-206.02
(c)(3)).
Title X - Periodic Evaluations.
Sec. 1001. This title may be cited as
the "Periodic Evaluations Act of 2003".
Sec. 1002. D.C. Official Code §
16-2323 is amended by adding anew subsection (g) to
read as follows:
"(g) When a child has been
adjudicated delinquent and a dispositional order has been entered by the Division pursuant
to D.C. Code § 16-2320 that transfers legal custody of the child to the Youth
Services Administration, the Youth Services Administration shall conduct periodic
evaluations of the child to:
"(1) Determine if rehabilitative
progress has been made and if the services provided
to the child have been effective;
"(2) Determine, in conjunction
with the child, the child's attorney and the Corporation Counsel, what, if any
steps should be taken, to ensure the rehabilitation and welfare of the committed child and
the safety of the public."
Sec. 1003. The Council adopts the
fiscal impact statement in the committee report as the fiscal impact statement
required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24,
1973 (87 Stat. 813, D.C. Official Code § 115 206.02
(c)(3)).
Title XI -- Individualized Treatment
Plan.Sec. 1101. This title may be cited as
the "Individualized Treatment Plan Act of 2003".
Sec. 1102. District of Columbia
Official Code § 16-2319 is amended by adding new subsections (d) through (g) to
read as follows:
"(d) When a child has been adjudicated delinquent
and a dispositional order has been entered by the Court under D.C.
Official Code §16-2317 and § 16-2320 transferring legal
custody of a child to the custody of the Youth Services Administration,
the Youth Services Administration shall conduct
an evaluation of the child to determine the appropriate services and to develop an
individualized treatment plan for the child.
"(e) The Youth Services
Administration shall examine the child and investigate all pertinent circumstances in the
child's background that will contribute to the development
of the treatment plan.
"(f) The Youth Services Administration shall
complete an initial assessment of the child within fourteen (14) days
of taking legal custody of the child and receipt of the social file
from the Director of Court Social Services and shall develop the
individualized treatment plan within thirty (30) days of completing
the initial assessment of the child. If the Youth Services Administration does not receive the
social file within seven (7) days of the disposition order, the
Division shall order the Director of Court Social Services to immediately
produce the social file.
"(g) The Division may, on its own motion or the
motion of any party, for good 14 cause shown, extend the time periods
set forth in subsection (f) for completion of the initial
assessment and the individualized treatment plan."
Sec. 1103. The Council adopts the fiscal impact
statement in the committee report 17 as the fiscal impact statement
required by section 602(c)(3) of the District of Columbia 18 Home Rule
Act, approved December 24, 1973 (87 Stat. 813, D.C. Official Code § 1-206.02
(c)(3)).
Title XII - Parental Participation
and Accountability.
Sec. 1201. This title may be cited as
the "Parental Participation and Accountability
Act of 2003".
Sec. 1202. D.C. Official Code §16-2325.01 is amended as follows:
(a) By striking in subsection (a) the
term "may" and inserting the term "shall"
in its place.
(b) By striking the term
"may" in subsection (b) and inserting the term "shall"
in its place.
(c) By adding at the end of the second
sentence in subsection (b) the following new phrase: , and to submit to drug
testing and, if such testing indicates that he or she has engaged in the use of a controlled
substance, to participate in a drug treatment program.".
(d) By striking the phrase "an
order of participation" in subsection (c) and inserting the phrase "an order
issued under this section" in its place.
(e) By adding a new subsection (c-l)
to read as follows:
"A person who willfully fails to
comply with an order issued under this section without good cause
maybe found in criminal contempt of court and fined in an amount not to exceed $1,000, or be
imprisoned for not more than 180 days, or both. Violations of this section shall be prosecuted
by the Corporation Counsel.".
(f) By amending subsection (e) by
striking the phrase " failing to appear" and by inserting the phrase "failing to
comply with an order issued under this section" in its place.
(g) By repealing subsection (f).
Sec. 1203. The Council adopts the fiscal impact
statement in the committee report as the fiscal impact statement
required by section 602(c)(3) of the District of Columbia Home Rule
Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code
§1-206.02(c)(3)).
Title XIII - Effective Date.
Sec. 1301. 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 a 30-day period of Congressional review as
provided in section 602 (c) (1) of the District of Columbia Home Rule Act, approved
December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206(c)(1)), and
publication in the District of Columbia Register.
|
