HB 118 proposes reasonable restrictions on the use of pretrial risk assessment algorithms that maintain racial bias in our criminal justice system. Algorithmic tools are being rolled out in Idaho counties as an “objective” tool to help assess pretrial sentencing options for individuals charged with a crime. However, these tools have been well documented to have been programmed with racial bias, which in turn results in individuals of color to remain incarcerated at higher pre-trial rates than white individuals. We believe that HB 118 could be furthered strengthened by requiring such tools to be validated and assessed on a yearly basis, as well as require that the tools be demonstrated to prove that they do not enhance or maintain existing judicial bias when judges consider the recommendations provided by the algorithmic tools.
