Juvenile Incarceration Reduction Act of 2020
This bill limits the use of risk and needs assessment systems in decisions related to juveniles in a criminal law context. (A risk and needs assessment system evaluates, among other things, a particular individual's risk of recidivism after release from prison and what programs may reduce that risk.)
Under the bill, such a system may not be used to determine whether a juvenile may or should be treated as an adult in a criminal proceeding. Such a system may also not be used (1) to determine the recidivism risk of a juvenile charged with a nonviolent offense, or (2) as the sole factor to determine the recidivism risk of a juvenile who has committed an act of juvenile delinquency that would be a felony if committed by an adult.
The bill also prohibits using such a system to (1) determine a juvenile should be taken into custody for an alleged act of juvenile delinquency prior to adjudication; or (2) establish, without additional evidence, a juvenile's eligibility or suitability for a recidivism reduction program.
If such a system is used to determine the recidivism risk of a juvenile who has committed an act of juvenile delinquency that would be a felony if committed by an adult, any evidence established by the system is inadmissible as evidence to establish that the juvenile committed the act in question.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7644 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7644
To amend title 18, United States Code, to prohibit the use of risk and
needs assessment tools in juvenile incarceration decisions, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 16, 2020
Mr. Lewis introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to prohibit the use of risk and
needs assessment tools in juvenile incarceration decisions, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Juvenile Incarceration Reduction Act
of 2020''.
SEC. 2. DELINQUENCY PROCEEDINGS IN DISTRICT COURTS.
(a) In General.--Subchapter D of chapter 229 of part II of title
18, United States Code, is amended by adding at the end the following:
``Sec. 3636. Limited application to juveniles
``(a) In General.--In the case of juveniles, the risk and needs
assessment system developed under this subchapter may not be used--
``(1) to determine whether a juvenile may be proceeded
against as an adult or whether it is in the interest of justice
to proceed against a juvenile as an adult under section 5032;
``(2) to determine the recidivism risk of a juvenile
charged with any nonviolent offense, or as the sole factor to
determine the recidivism risk of a juvenile who has committed
an act of juvenile delinquency which if committed by an adult
would be a felony offense;
``(3) to determine whether a juvenile is to be taken into
custody for an alleged act of juvenile delinquency prior to
being adjudicated delinquent pursuant to chapter 403; or
``(4) to establish, without additional evidence, a
juvenile's eligibility for a recidivism reduction program or
likelihood of benefitting from a recidivism reduction program.
``(b) Limitation on Use of Risk and Needs Assessment System
Evidence.--In the case that a risk and needs assessment system is used
to determine the recidivism risk of a juvenile who has committed an act
of juvenile delinquency which if committed by an adult would be
considered a felony offense, evidence established by the system is
inadmissible as evidence to establish that a juvenile committed the act
of juvenile delinquency for which the juvenile is being charged.''.
(b) Clerical Amendment.--The table of sections for subchapter D of
chapter 229 of title 18, United States Code, is amended by adding at
the end the following:
``3636. Limited application to juveniles.''.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E636)
Referred to the House Committee on the Judiciary.
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