Juvenile Incarceration Reduction Act of 2020

“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.”