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[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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