Kara Sears
The First Step Act, a bipartisan criminal justice reform bill, was passed by Congress and signed into law by then-President Donald Trump in 2018. The Act aims to reduce the federal prison population, promote rehabilitation, lower recidivism, and cut down on excessively harsh sentences. It achieves this through sentencing reforms, such as retroactive application of the Fair Sentencing Act of 2010, which reduces the disparity in sentencing for crack cocaine and powder cocaine convictions. The First Step Act also expands the safety valve provision, allowing judges more discretion to deviate from mandatory minimum sentences for certain nonviolent drug offenses. Additionally, it introduces prison reforms to improve conditions, curb inhumane practices, and expand educational opportunities. The impact of the First Step Act has been significant, with thousands of people benefiting from early releases, sentence reductions, and improved conditions. However, there are still concerns about the law's implementation and the need for continued advocacy to ensure its effectiveness in addressing mass incarceration.
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What You'll Learn
Reducing lengthy sentences for non-violent drug offences
The First Step Act (FSA) of 2018 was a bipartisan effort to improve criminal justice outcomes and reduce the federal prison population. One of its key goals was to reduce lengthy and disproportionate sentences for non-violent drug offences.
The FSA made the Fair Sentencing Act of 2010 retroactive, reducing the disparity in sentencing between crack cocaine and powder cocaine offences. Previously, a person convicted of an offence involving 5 grams of crack cocaine was punished as severely as someone with 500 grams of powder cocaine, with 1 gram of crack cocaine treated as equivalent to 100 grams of powder cocaine. The FSA allowed those sentenced under the old laws to apply for resentencing under the new 18:1 ratio. This change alone has resulted in thousands of people receiving shorter prison sentences.
The FSA also restricted the use of enhanced mandatory minimum penalties for certain drug offences by expanding the "safety valve". This provision gives judges greater discretion to deviate from mandatory minimum sentences and impose more lenient sentences in certain non-violent drug cases. In the first year of the FSA, 41.8% of drug trafficking offenders convicted of an offence carrying a mandatory minimum penalty received relief from the mandatory minimum sentence under the expanded safety valve criteria, compared to 35.7% in the previous year.
In addition to these sentencing reforms, the FSA also created a system of earned time credits and expanded "good time" credits, allowing inmates to earn time off their sentences for good behaviour and participation in rehabilitation programs. These changes have resulted in an important decrease in incarceration rates, with thousands of people being released early from federal prison.
Overall, the First Step Act has been successful in reducing lengthy sentences for non-violent drug offences, providing judges with more flexibility in sentencing and creating incentives for inmates to pursue rehabilitation.
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Creating incentives for rehabilitative programming in federal prisons
The First Step Act, signed into law by President Trump in 2018, was a bipartisan criminal justice reform bill. It was intended to address the punitive excesses of the 1980s and 1990s, which saw harsh penalties for drug offences, especially affecting Black Americans, and a six-fold increase in the federal prison population.
The First Step Act has two main goals: to cut unnecessarily long federal sentences and to improve conditions in federal prisons. The Act includes a range of sentencing reforms, such as reducing certain mandatory minimum sentences, and expanding the safety valve, allowing judges to impose sentences lower than the statutory minimum. The law also aims to improve prison conditions by curbing inhumane practices, such as the use of restraints on pregnant women, and encouraging the placement of people in prisons closer to their communities.
The First Step Act also incentivizes rehabilitative programming in federal prisons. It expands opportunities for people in federal prisons to participate in rehabilitative programming to support their success after release. The Act created earned time credits, which allow prisoners to earn credits for participating in rehabilitative programs. These credits can then be used to gain early release to community corrections, or pre-release custody. The Act also expands the Second Chance Act, which allows federal inmates to earn up to 54 days of good time credit for every year of their imposed sentence. This can be earned through recidivism-reducing programming and productive activities.
The First Step Act has had a positive impact on recidivism rates. The Department of Justice reports that the recidivism rate among people who have benefitted from the law is considerably lower than those released without it. The law has also expanded educational programming in federal prisons, with an increase in resources and incentives to participate.
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Reducing the federal prison population
The First Step Act, signed into law by President Trump in 2018, was a bipartisan effort to improve criminal justice outcomes and reduce the federal prison population. The act includes a range of sentencing reforms aimed at reducing the number of people in federal prisons and lowering recidivism rates.
One of the key measures to reduce the federal prison population was to cut unnecessarily long sentences, particularly for non-violent drug offenses. The First Step Act made the Fair Sentencing Act of 2010 retroactive, reducing the disparity in sentencing for crack cocaine and powder cocaine offenses. This change allowed people sentenced under the outdated crack cocaine laws to apply for resentencing under the new 18:1 ratio. As a result, thousands of individuals serving outdated sentences for crack cocaine crimes had their sentences reduced. The First Step Act also restricted the use of enhanced mandatory minimum penalties for certain drug offenses by expanding the "safety valve", which allows judges to deviate from mandatory minimums and impose more lenient sentences. This expansion of judicial discretion has affected a significant number of people, reducing their sentences.
The act also introduced a system of earned time credits and expanded "good time" credits, allowing inmates to earn credits towards an early release or sentence reduction. The "good time credit fix" allowed individuals in federal prison to earn approximately an extra week off their sentence per year, resulting in an important decrease in incarceration. Additionally, the First Step Act expanded the Second Chance Act, encouraging partnerships with community-based organizations to deliver recidivism reduction programming.
Furthermore, the act addresses inhumane practices within federal prisons. It eliminates the use of restraints on pregnant women and requires the provision of tampons and sanitary napkins to meet the healthcare needs of prisoners. The First Step Act also includes provisions for compassionate release, allowing for the early release of individuals on humanitarian grounds.
Overall, the First Step Act has had a significant impact on reducing the federal prison population. Between 2019 and early 2023, approximately 30,000 people were released from federal prison before their original release date due to the reforms implemented by the First Step Act.
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Improving prison conditions
The First Step Act was signed into law by President Trump in 2018. It was designed to address the punitive excesses of the 1980s and 1990s, which saw harsh penalties for drug offences and disproportionately impacted Black Americans. The Act aims to reduce the federal prison population and promote rehabilitation, lower recidivism, and shorten sentences.
One of the key ways in which the First Step Act improves prison conditions is by curbing inhumane practices. This includes eliminating the use of restraints on pregnant women, providing sanitary products that meet industry standards, and reducing the use of solitary confinement. The Act also expands the Second Chance Act, which encourages partnerships with community-based organisations to deliver recidivism reduction programming.
The First Step Act also addresses the issue of mass incarceration by implementing a "good time credit fix", allowing inmates to earn approximately an extra week off their sentence per year. This has led to an important decrease in incarceration, with the federal prison population reducing by around 5,000 people in the first year after the Act was signed.
Additionally, the First Step Act expands opportunities for rehabilitation and education. It requires the Attorney General to develop a risk and needs assessment system to identify inmates' needs and place them in appropriate recidivism reduction programs. This includes initiatives to help inmates maintain family ties, such as family-friendly programs, as research shows that positive family relationships during incarceration reduce recidivism.
The Act also reauthorizes and modifies a pilot program that allows elderly and terminally ill prisoners to serve the remainder of their sentences under home confinement. Furthermore, it encourages a rehabilitative approach in prisons, with programs like Cognitive Communities, parenting classes, family engagement workshops, anger management, and artistic programming.
Overall, the First Step Act has made significant strides towards improving prison conditions, promoting fairness, and reducing the federal prison population.
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Reducing harsh sentencing practices
The First Step Act (FSA) was signed into law by President Trump in 2018. It was a bipartisan effort to improve criminal justice outcomes and reduce the federal prison population. The FSA was designed to address the harsh sentencing practices that fuelled the mass incarceration crisis in the United States.
The FSA has two main goals: to cut unnecessarily long federal sentences and to improve conditions in federal prisons. The law's sentencing reforms have had a substantial impact, reducing lengthy and disproportionate sentences for nonviolent drug offences. The FSA made the Fair Sentencing Act of 2010 retroactive, reducing the disparity in sentencing for crack cocaine offences. This change alone allowed roughly 3,000 people to be resentenced to shorter prison terms. The FSA also restricted the use of enhanced mandatory minimum penalties for certain drug offences, giving judges greater discretion to deviate from mandatory minimums and impose more lenient sentences.
The FSA also includes a series of other criminal justice provisions. It prohibits the use of restraints on pregnant inmates and requires the Bureau of Prisons (BOP) to provide tampons and sanitary napkins that meet industry standards to prisoners for free. The FSA also expands the Second Chance Act, which encourages partnerships with community-based organisations to deliver recidivism reduction programming.
The FSA has had a significant impact on reducing incarceration rates. In the first year after the FSA was signed, the federal prison population decreased by 5,000 people. As of January 2024, over 4,000 people had their sentences reduced due to the FSA's sentencing reforms. The FSA has also expanded educational programming in federal prisons, with over 440,000 program completions as of January 2024.
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Frequently asked questions
The First Step Act is a law that was passed in 2018 to address the issues of mass incarceration in the federal prison system. It was intended to cut unnecessarily long federal sentences and improve conditions in federal prisons.
The First Step Act makes changes to sentencing laws by reducing lengthy and disproportionate sentences for nonviolent drug offenses. It also expands the "safety valve" provision, allowing judges greater discretion to deviate from mandatory minimum sentences and impose more lenient sentences.
The First Step Act makes the Fair Sentencing Act of 2010 retroactive, reducing the disparity between sentences for crack cocaine and powder cocaine convictions. It also increases good time credits, allowing inmates to earn approximately an extra week off their sentence per year. Additionally, it creates a system of earned time credits, providing incentives for inmates to participate in rehabilitation programs and earn credits toward early release or placement in prerelease custody.
