First Step Act: Does It Help Current Inmates?

The First Step Act (FSA) is a bipartisan criminal justice reform bill passed in 2018. The FSA was designed to reduce recidivism, lower excessive sentences, and promote rehabilitation in the federal prison system. The act has impacted current inmates by allowing them to earn time credits towards pre-release custody and reducing certain mandatory minimum sentences. Additionally, the FSA has made the Fair Sentencing Act of 2010 retroactive, allowing some current inmates to petition for reduced sentences. The FSA has also expanded the Second Chance Act, encouraging partnerships with organizations to deliver recidivism-reducing programming.

Compassionate release

The First Step Act (FSA) of 2018 is a bipartisan effort to improve criminal justice outcomes and reduce the federal prison population. It affects BOP inmates and their families and carries implications for reductions in recidivism, incentives for success, confinement, correctional reforms, sentencing reforms, and oversight.

The FSA allows for the early release of inmates under certain circumstances, known as "compassionate release". Compassionate release is a process that allows inmates in criminal justice systems to be eligible for immediate early release on grounds of "extraordinary or compelling circumstances". These circumstances are generally related to the inmate's medical condition or humanitarian changes in their situation.

In the United States, compassionate release procedures can be mandated by the courts or internal corrections authorities. Federal inmates must file a petition with the warden, and the request must explain the reasons for release and the details of the proposed release plan. The request is then reviewed by prison wardens, who submit it to the Bureau of Prisons General Counsel if they agree with the request. The final decision is made by the Bureau of Prisons Director, who can deny the request even if the warden and General Counsel recommend approval. This decision cannot be appealed.

During the COVID-19 pandemic, the compassionate release process provided a path for vulnerable people in federal prisons to seek early release. Courts considered the conditions of confinement during the pandemic as contributing to the extraordinary and compelling reasons justifying compassionate release. However, not all courts agreed, and some people remained incarcerated after their motions were denied.

Reduction in recidivism

The First Step Act (FSA) of 2018 was signed into law by President Trump to improve criminal justice outcomes, reduce the federal prison population, and maintain public safety. The Act's provisions are designed to reduce recidivism by addressing the root causes of criminal behaviour and promoting rehabilitation.

The FSA requires the Attorney General to develop a risk and needs assessment system to be used by the Federal Bureau of Prisons (BOP) to assess the recidivism risk and needs of all federal prisoners. This system provides guidance on the type, amount, and intensity of recidivism reduction programming and productive activities for each prisoner. It also guides the grouping of prisoners with similar risk levels in recidivism reduction programming and housing assignments.

The FSA expands the Second Chance Act, requiring the BOP to develop guidance for wardens of prisons and community-based facilities to partner with non-profit and private organisations to deliver recidivism reduction programming. This includes faith-based and community-based organisations.

The FSA also incentivises inmates to participate in recidivism reduction programming and productive activities by allowing them to earn time credits towards pre-release custody. Eligible inmates can earn up to 54 days of good time credit for every year of their imposed sentence. However, inmates convicted of violent crimes, terrorism, espionage, human trafficking, sex and sexual exploitation, and high-level drug offences are ineligible for these time credits.

The FSA also addresses the need to place inmates in facilities closer to their primary residences. The BOP is required to house inmates within 500 driving miles of their primary residence, considering factors such as bed space availability, security designation, programmatic needs, and mental and medical health needs.

The FSA reauthorises and modifies a pilot program that allows the BOP to place certain elderly and terminally ill prisoners on home confinement to serve the remainder of their sentences. This provision not only provides compassionate release but also contributes to recidivism reduction by allowing inmates to serve their sentences in a community setting.

Overall, the First Step Act aims to reduce recidivism by providing inmates with the necessary tools, resources, and support to successfully reintegrate into society. By addressing the root causes of criminal behaviour and promoting rehabilitation, the FSA seeks to break the cycle of recidivism and improve public safety.

Expansion of the Second Chance Act

The Second Chance Act (SCA) of 2007 was reauthorized and expanded in 2018 with the passing of the First Step Act (FSA). The SCA focuses on four areas: jobs, housing, substance abuse/mental health treatment, and families. The act provides grants to state and local governments to promote the safe and successful reintegration of offenders into their communities upon release, as well as to provide services such as employment, substance abuse treatment, housing, and family programming. The SCA also establishes the National Offender Re-entry Resource Center to manage and monitor the services provided under the act.

The expansion of the SCA in 2018 included the continuation of many of the grant programs initially authorized in 2007, along with the FBOP's pilot program to provide early release to elderly prisoners. The FBOP was also required to develop policies for wardens to enter into recidivism-reducing partnerships with nonprofit and private organizations, including faith-based and community-based groups, to deliver programming designed to reduce recidivism.

The Biden-Harris administration has continued to expand second-chance opportunities for formerly incarcerated persons. In April 2022, during Second Chance Month, the administration released a comprehensive strategy that included expanding incarceration-to-employment opportunities and taking concrete policy actions as part of a whole-of-government effort to advance employment, bolster reentry, empower formerly incarcerated persons, and strengthen communities and the economy.

One notable initiative is the collaboration between the Department of Justice and the Department of Labor to invest $145 million over FY22-FY23 in providing job skills training and individualized employment and reentry plans for people in Bureau of Prisons (BOP) facilities. This initiative will also provide seamless pathways to employment and reentry support upon release. Additionally, the Small Business Administration (SBA) has worked to remove barriers to eligibility based on irrelevant criminal history records for its loan programs. The Department of Transportation has also expanded access to jobs for formerly incarcerated persons in its grant programs.

The Biden-Harris administration has also focused on promoting best practices for hiring across the federal government. The Office of Personnel Management (OPM) has published proposed regulations that remove barriers to federal employment for formerly incarcerated individuals. The OPM has also hosted interactive sessions between federal agencies' human resources practitioners and applicants with criminal records. Additionally, the Department of Veterans Affairs has announced efforts to increase the number of state prisons and jails that use its Veterans Reentry Search Service, which helps connect veterans in custody with reentry services.

Correctional reforms

The First Step Act (FSA) includes a series of criminal justice-related provisions that aim to reform federal prisons and sentencing laws. Here are some key correctional reforms outlined in the act:

• Prohibition on the Use of Restraints on Pregnant Inmates: The FSA prohibits the use of restraints on pregnant inmates in the custody of the Federal Bureau of Prisons (BOP) and the U.S. Marshals Service. This ensures that pregnant inmates are treated humanely and their medical needs are prioritized.
• Provision of Feminine Hygiene Products: The FSA requires the BOP to provide tampons and sanitary napkins that meet industry standards to prisoners free of charge and in quantities that meet their healthcare needs. This provision addresses the basic hygiene and health needs of female inmates.
• De-escalation and Mental Health Training for Correctional Officers: The FSA mandates that the BOP provide training to correctional officers and employees on de-escalating encounters with civilians and inmates. Additionally, they are trained to identify and appropriately respond to incidents involving individuals with mental illness or cognitive deficits. This training promotes a safer and more effective approach to managing interactions within correctional facilities.
• Prohibition of Solitary Confinement for Juvenile Delinquents: While the BOP does not house juveniles in its facilities, the FSA prohibits the use of solitary confinement for juvenile delinquents in federal custody. This provision aligns with the goal of prioritizing rehabilitation over punitive measures for young offenders.
• Expansion of the Second Chance Act: The FSA expands the Second Chance Act by encouraging partnerships between wardens of prisons and community-based facilities with nonprofit and private organizations. These partnerships focus on delivering recidivism-reducing programming, which can help lower recidivism rates and improve outcomes for individuals returning to society.
• Housing Inmates Closer to Their Families: The FSA amends the law to require the BOP to house inmates in facilities as close to their primary residence as possible, ideally within 500 driving miles. This provision considers the importance of family connections and support in the rehabilitation process.
• Reauthorization of a Pilot Program for Elderly and Terminally Ill Prisoners: The FSA reauthorizes and modifies a pilot program that allows the BOP to place certain elderly and terminally ill prisoners on home confinement to serve the remainder of their sentences. This provision offers a more humane alternative to incarceration for individuals who pose minimal risk to public safety.

Fair sentencing

The First Step Act (FSA) of 2018 was signed into law by President Trump on December 18, 2018. It was the result of a bipartisan effort to improve criminal justice outcomes and reduce the federal prison population, while also creating mechanisms to maintain public safety. The FSA made the Fair Sentencing Act (FSA) of 2010 retroactive, aiding around 2,600 incarcerated people.

The Fair Sentencing Act of 2010 was signed into law by President Barack Obama on August 3, 2010. The act reduced the disparity between the amount of crack cocaine and powder cocaine required to trigger certain federal criminal penalties from a 100:1 weight ratio to an 18:1 weight ratio. This change addressed the scientifically unjustifiable 100:1 ratio, which resulted in longer sentences for offenses involving crack cocaine than for the same amount of powder cocaine. The 100:1 ratio also contributed to vast racial disparities in the average length of sentences, as the majority of people arrested for crack offenses are African American.

The Fair Sentencing Act was a step towards fairness, but the 18:1 ratio was a compromise, and it still reflects outdated assumptions about crack cocaine. Crack cocaine and powder cocaine are two forms of the same drug, so there should not be any disparity in sentencing between the two. The only truly fair ratio is 1:1.

The First Step Act includes a range of sentencing reforms, such as enhancing judicial discretion, creating earned time credits, increasing good time credits, reducing certain mandatory minimum sentences, and expanding the safety valve that allows people with minor prior convictions to serve less time. The act also seeks to expand opportunities for people in federal prisons to participate in rehabilitative programming to support their success after release.

The First Step Act has been deemed necessary to advance a fairer federal sentencing system and reduce the size of the federal prison population. The act was designed to promote rehabilitation, lower recidivism, and reduce excessive sentences in the federal prison system. It has been supported by lawmakers and advocates across both political parties as a necessary step to address some of the punitive excesses of the 1980s and 1990s.

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