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Policy Brief: Recidivism Reduction, Oversight, and Accountability for DYRS Act of 2024 (ROAD Act)

Today, the DC Council will have a public hearing in the Committee of the Whole on Bill 25-82, the Recidivism Reduction, Oversight and Accountability for DYRS (ROAD) Act, which aims to improve the oversight and rehabilitation efforts of the Department of Youth Rehabilitation Services (DYRS) by:


  • Creating a new supervisory agency for the DYRS,

  • Changing its methods regarding the supervision and rehabilitation of city youth

  • Increase DYRS’s accountability to reduce recidivism.



Key Issues Addressed


  • Poor supervision and rehabilitation for young people under DYRS care.

  • Inadequate intervention to prevent youth recidivism after release from incarceration.

  • Inconsistent application of rehabilitative services for committed youth.


Why It Matters


Recidivism is defined as the act of returning to criminal activity after being released from incarceration. For youth in DC without proper guidance and rehabilitation, the likelihood of recidivating after their release is a serious concern.  Recidivism creates a perpetual cycle of crime and poverty that has the potential to destroy families and communities if not properly addressed. The ROAD Act attempts to create policy to hold DYRS-the agency responsible for the supervision, custody, and care of young people charged with a delinquent act in the District- are held accountable. DYRS’s ability to properly provide individualized care to assist the youth in returning to society will significantly reduce their likelihood of committing further crimes.


Studies have repeatedly shown that when there is a focus on mental health, education, and reentry through rehabilitative intervention, there are better outcomes for formerly incarcerated youth, which leads to a reduction in recidivism. States like California, New York, and Texas have implemented reforms to reduce youth detention rates by prioritizing community-based intervention and support services.


Additionally, studies have shown that recidivism costs the U.S. billions due to the cost of incarceration, lost economic productivity, and extra burdens on the criminal justice system. The Council on State Governments, in a recent report, found that states will spend an estimated $8 billion on reincarceration costs for people who exited prison in 2022. Not surprisingly, a common recommendation from criminal justice advocacy groups such as the Prison Policy Institute and the Justice Policy Institute is for the justice system to focus on rehabilitation, which the ROAD Act touches on.


The justice system has been shown to target youths of color disproportionately. Reports from the Sentencing Project found that Black and Latino youths are incarcerated at a higher rate and receive fewer rehabilitative services than their white counterparts. Reforms emphasizing equitable access to individualized services are seen to better align with calls for racial equity in justice policies.


Current Law/Policy


DYRS oversees the rehabilitation of youth in the District, but the bill’s authors argue that the agency lacks strong accountability measures to ensure that their services are consistently and effectively applied. DYRS is responsible for supervising youth in various settings, including secure facilities and staff-secure facilities. DYRS also operates community-based programs allowing youth to remain in their communities while receiving services such as therapy and mentoring. There are other services that the DYRS connects formerly incarcerated youth with local group homes and therapeutic foster care, where specially trained foster families offer both care and therapeutic services. DYRS also works with re-entry programs that help smooth the transition of reentry youth back into their communities with job training and educational support. These services are key to successful reentry, and the bill authors believe these services are not applied uniformly.


Proposed Changes


The ROAD Act proposes the following changes to current law. It would establish:


  • A Deputy Auditor for Independent Juvenile Justice Facilities Oversight to independently oversee DYRS operations, including unannounced facility visits and public reporting.

  • Mandatory individualized rehabilitation plans (IRPs) that DYRS must create and regularly update for each youth, ensuring that services address the specific needs that reduce recidivism.

  • The ability for courts to intervene, with periodic reviews of the youth’s progress, if a youth is not receiving appropriate services under their IRP and requires corrective actions by DYRS.

  • Strict deadlines for DYRS to implement IRPs and provide services to youth within set periods.


Who Will This Bill Impact?


  • Youth in the Justice System: The primary beneficiaries are youth committed to DYRS facilities or programs. The bill aims to ensure these youth receive the necessary support to reduce recidivism.

  • DYRS Staff and Administrators: They will face increased scrutiny and accountability for delivering rehabilitative services.

  • Courts and Legal Personnel: Judges will have more oversight in ensuring that DYRS fulfills its obligations to rehabilitate youth.


Important Dates to Remember

  • Implementation Timeline**: The act will take effect following a 30-day congressional review period after being approved by the D.C. Council and the Mayor.

  • Service Deadlines: DYRS must implement an IRP within 3 days of a court order and begin providing services within 30 days of placement, except for good cause.


Enforcement


The Deputy Auditor for Independent Juvenile Justice Facilities Oversight, who would serve within the Office of the District of Columbia Auditor, would monitor and enforce compliance with the act. Additionally, the D.C. courts will ensure that DYRS provides appropriate services and reviews youth placements.


Next Steps


The ROAD Act aims to ensure that DYRS is held responsible for successfully rehabilitating the youth in its custody. It aims to reduce recidivism rates, enhance public safety, and guarantee that young individuals receive the necessary support to thrive by implementing personalized rehabilitation plans, establishing robust oversight mechanisms, and enabling judicial enforcement.


Following the Committee of the Whole meeting, a comprehensive report will be drafted, outlining the committee's findings, recommendations, and amendments to the bill. The report will encompass information about the bill's impact, fiscal implications, and any public testimony received. Once the Committee of the Whole has thoroughly reviewed and voted on the legislation, it will be forwarded to the full DC Council for further deliberation. The full Council may then schedule the bill for its first reading during a legislative session.


If you have any questions or concerns about this bill, please contact Chairman Mendelson, who introduced the ROAD Act at the request of the Attorney General.

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