[Congressional Record Volume 166, Number 126 (Thursday, July 16, 2020)]
[Extensions of Remarks]
[Page E636]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        INTRODUCTION OF THE JUVENILE INCARCERATION REDUCTION ACT

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                            HON. JOHN LEWIS

                               of georgia

                    in the house of representatives

                        Thursday, July 16, 2020

  Mr. LEWIS. Madam Speaker, I rise today to introduce the Juvenile 
Incarceration Reduction Act of 2020.
  Our Constitution guarantees a fair process in all hearings and equal 
treatment under the law. Even as we make technological advances, we 
must ensure that the principals of the Constitution are not bypassed 
for convenience. Most importantly, we cannot delegate the duty and 
responsibility of justice to technology.
  The use of risk and needs assessment tools in the juvenile justice 
system is widespread. According to the National Center for Juvenile 
Justice, 42 states have a statute or probation agency policy supporting 
or requiring the implementation of a risk and needs assessment 
instrument for youth who are justice system involved. These technology 
tools collect data about youth offenders and use this data in complex 
algorithms used to determine how likely a young person may become a 
repeat offender.
  Madam Speaker, let me be clear. This data--not the young person's 
actual actions--far too often determine critical decisions such as, 
whether a youth offender will be in custody prior to trial, the 
conditions of a youth offender's adjudication (conviction), and whether 
a youth offender will be placed in a secure youth facility (detention).
  Unfortunately, research shows that these ``risk and needs assessment 
tools'' disproportionally misclassify youth of color as high risk. For 
example, in my home state of Georgia, where the use of risk and needs 
assessment tools are required by state statute, Black youth comprised 
69 percent of juveniles sentenced to youth prisons and made up 80 
percent of those juveniles who were convicted in adult court.
  My legislation, the Juvenile Incarceration Reduction Act proposes 
simple changes that will significantly improve the prospects of young 
people in the juvenile justice system. This bill will prohibit or limit 
the use of risk and needs assessment tools in federal juvenile 
proceedings in four scenarios: (1) when determining whether or not a 
youth offender should be charged as an adult; (2) in determining a 
youth offender's risk of recidivism; (3) deciding whether a youth 
offender should be incarcerated prior to adjudication; and (4) as a 
sole factor in determining a youth offender's eligibility for 
recidivism reduction programs or likelihood of benefitting from these 
programs.
  In addition, this legislation would prohibit the admission of 
determinations made by risk and needs assessment tools as evidence in 
trials against a justice involved youth. These risk and assessment 
tools clearly exacerbate existing bias and disparities in our criminal 
justice system. My bill helps introduce parity, equity, hope, and 
opportunity for all--especially minority--youth offenders.
  Breaking the school to prison pipeline means advancing simple 
policies like the Juvenile Incarceration Reduction Act. If Congress can 
come together to reduce recidivism and create opportunities for adults 
in the criminal justice system, we have a moral obligation to do the 
same for our young people.
  It is critical that justice-involved youth are given a fair 
opportunity to rehabilitate no matter their racial or ethnic 
background. Congress must do all we can to correct these systematic 
wrongs, and I urge all of my colleagues to join me in supporting this 
common-sense legislation.

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