Title: Juvenile Incarceration Reduction Act of 2020
Policy area: Crime and Law Enforcement

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.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7644 Introduced in House (IH)]

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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.''.
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