Common use of Performance Metrics for Due Process Reforms Clause in Contracts

Performance Metrics for Due Process Reforms. (a) In order to ensure that JCMSC’s due process reforms are conducted in accordance with the Constitution, the Due Process Monitor shall assess JCMSC’s progress in implementing these provisions and the effectiveness of these reforms. In addition to assessing the JCMSC’s procedures, practices, and training, the Monitor shall analyze the following metrics related to due process reforms: (i) Conduct a study measuring the length of time between arrest and, where required, a probable cause hearing over a six-month period; (ii) Review of data maintained for probable cause hearings, including the forms of evidence used, the appointment of counsel, and whether defense counsel challenged the government’s evidence or presented alternative evidence; (iii) Review a representative sampling of Petitions, including when Petitions were made available to the defense attorney, whether changes were made to the charges, and when the defense attorney was notified of such changes; (iv) Review of a sampling of Transfer Hearings, including whether defense counsel was present, whether defense counsel was allowed to introduce and challenge evidence, and whether the Juvenile Court Magistrate appropriately documented the bases of transfer findings as required by this Agreement; (v) Review of the number of transfer recommendations, number of transfers ordered, and number of written findings directing transfer; (vi) Review of the probation officer advisement of rights document, the number of Children provided with that document, whether a Child’s attorney was notified about the probation conference, the number of Children who signed xxxxxxx, and whether such waivers were signed upon the advisement of counsel; (vii) Review of the number of Children represented by counsel, the number of Children represented by the Juvenile Defender Officer or SCPD, the number of Children represented by private counsel, the stage of the juvenile justice process where counsel was appointed, and the average caseload of each Juvenile Defender representing Children at JCMSC; and (viii) A qualitative review of the monthly supervisory reviews required for the Probable Cause Determinations, Transfer Hearings, and protections against self-incrimination. This review shall include an assessment of the number of supervisory reviews and the steps taken to address the supervisor’s concerns, including informal and formal measures. (b) JCMSC shall maintain a record of the documents necessary to facilitate a review by the Due Process Monitor and the United States in accordance with Section VI of this Agreement.