Anaya Nolan
The First Step Act is a US law that was passed in 2018 to reduce the federal prison population and reform the federal justice system. It was designed to promote rehabilitation, lower recidivism, and reduce excessive sentences, particularly for non-violent drug offenses. While the Act has been successful in reducing the prison population and restoring fairness to sentencing, it has been criticised for not directly addressing issues of racial bias within the criminal justice system. This is particularly relevant as the impact of harsh mandatory minimum sentences and sentencing enhancements in the 1980s and 1990s fell disproportionately on Black Americans.
| Characteristics | Values |
|---|---|
| Purpose | To unwind the harms of mass incarceration at the federal level |
| Year | 2018 |
| Signed into law by | President Donald Trump |
| Impact | Reduced the federal prison population, lowered recidivism, and cut down excessive sentences |
| Limitations | Does not address issues of racial bias within the criminal justice system |
| Criticism | Overreliance on electronic monitoring, which is unregulated and can create disparities |
| Supporters | Bipartisan support in Congress |
| Example of impact | Reduced sentences for crack cocaine offenses |
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What You'll Learn
The First Step Act's impact on Black Americans
The First Step Act is a bipartisan criminal justice reform bill passed by Congress and signed into law by then-President Donald Trump in 2018. The law is intended to promote rehabilitation, lower recidivism, and reduce excessive sentences in the federal prison system. While the First Step Act has made significant progress towards these goals, there are criticisms regarding its impact on Black Americans and other people of colour.
One of the primary goals of the First Step Act is to reduce excessive sentences, particularly for non-violent drug offenses. This is achieved through sentencing reforms that enhance judicial discretion, create earned time credits, increase good time credits, and expand the safety valve that allows judges to impose sentences lower than the statutory minimum. The act also made the Fair Sentencing Act of 2010 retroactive, reducing the disparity in sentences for crack cocaine and powder cocaine offenses, which had a disproportionate impact on Black Americans.
The First Step Act has been successful in reducing recidivism rates among individuals who have been released from prison under its provisions. The law incentivizes incarcerated individuals to engage in rigorous rehabilitation and education programming, offering the opportunity for early release to community corrections if they are deemed a low risk to the community. This has resulted in a recidivism rate of 12% among nearly 30,000 individuals released under the First Step Act, compared to a typical recidivism rate of 45% for those released from federal prison.
However, there are criticisms that the First Step Act does not directly address issues of racial bias within the criminal justice system. The act relies heavily on electronic monitoring, which can create additional law enforcement intrusion into communities of colour that are already over-policed due to racially biased policies. Additionally, the PATTERN algorithm used to predict recidivism risk has been shown to have a disparate impact, potentially exacerbating existing racial disparities.
While the First Step Act has made progress towards reducing mass incarceration and promoting rehabilitation, ongoing legal debates and criticisms regarding racial disparities highlight the need for continuous evaluation and adjustment and further reform to address the impact on Black Americans and other communities of colour.
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The Act's sentencing reforms
The First Step Act was signed into law by President Trump in 2018. It is a bipartisan criminal justice reform bill designed to promote rehabilitation, lower recidivism, and reduce excessive sentences in the federal prison system. The Act includes a range of sentencing reforms, which aim to reduce lengthy and disproportionate sentences for nonviolent drug offenses.
The First Step Act made the Fair Sentencing Act of 2010 retroactive. This reduced the disparity in sentencing for crack cocaine and powder cocaine offences from 100:1 to 18:1. This change allowed people sentenced under the previous disparity to be resentenced to shorter prison terms. The Act also expanded the "safety valve", which allows judges to impose sentences lower than the statutory minimum in certain cases.
The Act also created "earned time credits" and increased "good time credits", which allow people in federal prison to earn an earlier opportunity for release by participating in rehabilitative programming. These credits are based on a favourable assessment of risk to the community and have been shown to lower the recidivism rate.
While the First Step Act has been largely successful in reducing excessive incarceration and promoting rehabilitation, it has been criticised for not directly addressing issues of racial bias within the criminal justice system. The Act relies heavily on electronic monitoring, which can create additional law enforcement intrusion into communities that are already over-policed due to racially biased policies.
The First Step Act is a pivotal move towards a more fair and humane criminal justice system, but it is important to continue advocating for bigger and bolder widespread reforms that address racial disparities and end mass incarceration.
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Rehabilitation and recidivism reduction
The First Step Act, enacted in 2018, is a bipartisan criminal justice reform bill that aims to promote rehabilitation, reduce recidivism, and lower excessive sentences in the federal prison system. The law seeks to address the punitive excesses of the 1980s and 1990s, which resulted in mass incarceration, particularly among Black Americans.
The First Step Act aims to reduce recidivism by incentivizing incarcerated individuals to participate in rigorous, evidence-based rehabilitation and education programs. By engaging in these programs, individuals can earn time credits, also known as good time credits, which can lead to an earlier opportunity for release to community corrections. This approach has shown promising results, with a 12% recidivism rate among those released under the law, compared to a typical 45% recidivism rate in the federal prison system.
The act also made the Fair Sentencing Act of 2010 retroactive, reducing the disparity in sentencing for crack cocaine offenses, which had been disproportionately impacting Black Americans. Additionally, the act expanded the "safety valve" provision, allowing judges more discretion to impose sentences below the statutory minimum in certain cases.
However, there are limitations to the act's effectiveness in reducing recidivism. The use of the PATTERN algorithm, which predicts recidivism risk, has been criticized for having a disparate impact across races. There are also concerns about the exclusion of certain individuals, such as those convicted of more serious crimes and immigrants, from participating in recidivism reduction programs.
To further enhance rehabilitation and recidivism reduction, lawmakers have proposed additional legislation, including the First Step Implementation Act, the Safer Detention Act, and the EQUAL Act. These bills aim to build upon the First Step Act by addressing some of its limitations and expanding its provisions.
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Electronic monitoring and racial bias
The First Step Act, passed in 2018, was a bipartisan criminal justice reform bill designed to promote rehabilitation, lower recidivism, and reduce excessive sentences in the federal prison system. The Act made the Fair Sentencing Act of 2010 retroactive, reducing the disparity in sentencing for crack cocaine crimes, and expanding a "safety valve" that allows judges to impose sentences lower than the statutory minimum.
While the First Step Act has been largely successful in reducing the federal prison population and promoting fairness in sentencing, it has been criticized for not directly addressing issues of racial bias within the criminal justice system. This omission risks exacerbating existing racial disparities. One area where racial bias intersects with the First Step Act is in the use of electronic monitoring.
Electronic monitoring is a relatively new and substantially unregulated method of supervised release that tracks individuals' daily movements and often requires them to seek permission to leave their homes. This form of monitoring can make it difficult for individuals to maintain employment and places the burden of cost on those being monitored. The use of electronic monitoring on people of color adds another layer of law enforcement intrusion into communities that are already over-policed due to racially biased surveillance and policing practices.
Research has shown that there are significant differences in attitudes toward electronic monitoring between racial groups. Non-White college students, for example, have been found to hold different views on the punitiveness and inequality of electronic monitoring compared to their White counterparts. These differences in perception can be attributed to the understanding of the inequality that minorities experience in the application of electronic monitoring and the criminal justice system more broadly.
The use of electronic monitoring as a form of supervised release is not adequately regulated, and its impact on communities of color is particularly concerning given the history of racial bias in policing and surveillance. Electronic monitoring technologies can perpetuate and exacerbate existing racial disparities in the criminal justice system, making it a critical area for policymakers, administrators, and researchers to address.
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The Act's limitations and racial disparities
The First Step Act (FSA) was signed into law by the Trump Administration in 2018. It was the first major reduction to federal drug sentences in a decade. The FSA was intended to do two things: cut unnecessarily long federal sentences and improve conditions in federal prisons.
While the act has been successful in some ways, it has been criticised for its limitations and failure to address racial disparities. For example, the act does not directly address issues of racial bias within the criminal justice system. This means there is a risk that it will exacerbate existing racial disparities. The FSA also relies heavily on electronic monitoring, a relatively new and unregulated method of supervised release that tracks individuals' daily movements and requires them to ask for permission to leave home. This type of intrusive monitoring creates additional law enforcement intrusion into communities that are already over-policed due to racially biased policies.
Another criticism of the FSA is that it excludes individuals convicted of more serious crimes and immigrants from eligibility to participate in programming to prevent recidivism, ignoring those who can benefit most from such programming. Furthermore, while the act includes sentencing reforms that reduce lengthy and disproportionate sentences for non-violent drug offences, it will still leave significant mandatory minimum sentences in place.
The FSA also fails to address the racial disparities caused by mandatory minimum sentences for drug offences. The impact of these policies fell disproportionately on people of colour, especially Black Americans, whose representation rose sharply in the federal prison population. The FSA's algorithm, PATTERN, has also been criticised for having a disparate impact and potentially violating equal protection law.
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Frequently asked questions
The First Step Act is a bipartisan criminal justice reform bill passed in 2018. It was designed to promote rehabilitation, lower recidivism, and reduce excessive sentences in the federal prison system.
The First Step Act has been critical in reducing excess incarceration, which disproportionately impacts Black Americans. It also made the Fair Sentencing Act of 2010 retroactive, reducing the disparity in sentencing for crack cocaine offenses, which had a discriminatory impact on Black Americans.
No, the First Step Act benefits all individuals in the federal prison system, regardless of race. However, it does not directly address issues of racial bias within the criminal justice system, and there is a risk of exacerbating existing racial disparities.
While the First Step Act has made significant progress towards reducing mass incarceration and promoting rehabilitation, it has some limitations. It does not eliminate all mandatory minimum sentences and lacks retroactivity for some key sentencing provisions. Additionally, it relies heavily on electronic monitoring, which can perpetuate community disparities and create challenges for individuals seeking employment.
