Juvenile Incarceration Reduction Act of 2020

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. 1. Short title This Act may be cited as the Juvenile Incarceration Reduction Act of 2020 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: 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 3636. Limited application to juveniles. .

Summary: 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.