Anaya Nolan
The First Step Act is a US law that was signed by President Donald Trump in 2018. The law is a bipartisan effort to reform the criminal justice system by reducing the number of people in federal custody and making the system fairer and more focused on rehabilitation. The First Step Act accomplishes two main things: sentencing reform and prison reform. The former includes shortening federal prison sentences and giving judges more leeway in sentencing, while the latter includes improving conditions in federal prisons and encouraging rehabilitation.
| Characteristics | Values |
|---|---|
| Purpose | To reform the criminal justice system and make it fairer and more focused on rehabilitation |
| Impact | Within the first year of enactment, more than 3,000 federal prisoners were released, and more than 2,000 inmates benefited from sentence reductions |
| Sentencing reform | Shortens mandatory minimum sentences for nonviolent drug offenses, expands the "drug safety-valve", and makes the Fair Sentencing Act retroactive |
| Prison reform | Improves conditions in federal prisons by curbing inhumane practices, such as eliminating the use of restraints on pregnant women, and encouraging placing people in prisons closer to their families |
| Recidivism | Requires the development of a risk and needs assessment system to assess the recidivism risk of all federal prisoners and place them in recidivism-reducing programs |
| "Good time" credits | Expands the cap on "good time" credits, or small sentence reductions based on good behavior, from around 47 to 54 days per year |
| Home confinement | Reauthorizes and modifies a pilot program that allows the Bureau of Prisons to place certain elderly and terminally ill prisoners on home confinement |
| Eligibility | Expands eligibility for compassionate release of elderly and terminally ill inmates |
| Bipartisan support | Received support from both liberal and conservative lawmakers and passed with supermajority support in both houses of Congress |
| Limitations | Leaves significant mandatory minimum sentences in place, and two key sentencing provisions are not retroactive |
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What You'll Learn
- The First Step Act reduces prison sentences and gives people more opportunities to avoid mandatory minimum penalties
- The Act improves prison conditions by curbing inhumane practices, such as banning restraints on pregnant women
- The legislation requires the Attorney General to develop a risk and needs assessment system to be used by the BOP
- The First Step Act expands eligibility for compassionate release of elderly and terminally ill inmates
- The Act changes the conversation on mass incarceration, aiming to reduce the number of people in federal custody
The First Step Act reduces prison sentences and gives people more opportunities to avoid mandatory minimum penalties
The First Step Act (FSA) was signed into law by the Trump Administration in 2018. It is the first significant prison reform act, aiming to reduce recidivism and reform sentencing. The law is divided into six titles, codified at various parts of Titles 18, 21, and 34 of the United States Code.
The First Step Act expands opportunities for federal prisoners to participate in rehabilitative and educational programming, incentivizing them to engage in rigorous rehabilitation and education to support their success after release. This includes expanding access to evidence-based programs and prosocial activities. Inmates who complete these programs can earn time credits that can qualify them for early release or placement in prerelease programs. The Act also authorizes a range of early release mechanisms, including allowing inmates with extraordinary and compelling circumstances, such as severe illness or old age, to petition a federal judge directly for compassionate release.
Within the first year of enactment, the First Step Act led to the release of more than 3,000 federal prisoners due to changes in the good-time credits calculation formula, and over 2,000 inmates benefited from sentence reductions through the retroactive application of the Fair Sentencing Act of 2010. Additionally, nearly 350 people were approved for elderly home confinement, and over 100 received compassionate release sentence reductions. The Department of Justice (DOJ) has reported promising results, with a considerably lower recidivism rate among those released under the First Step Act compared to those released without the benefit of the law.
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The Act improves prison conditions by curbing inhumane practices, such as banning restraints on pregnant women
The First Step Act, signed into law by former US President Donald Trump on December 21, 2018, is a bipartisan bill that aims to make the federal justice system fairer and more focused on rehabilitation. The Act accomplishes two main goals: sentencing reform and prison reform.
The prison reform elements of the First Step Act are designed to improve conditions in federal prisons by curbing inhumane practices. One notable aspect of this is the prohibition of restraints on pregnant prisoners. This provision seeks to address the mistreatment and risks faced by pregnant women in jails and prisons. The use of restraints on pregnant individuals has been widely criticized by advocates and medical professionals, who argue that it poses a danger to the health and safety of both the mother and the unborn child.
The prohibition of restraints on pregnant prisoners under the First Step Act is a significant step towards ensuring the humane treatment of pregnant individuals in federal custody. However, despite this legislation, reports indicate that the use of restraints on pregnant women in prisons and law enforcement custody continues. Advocates have logged complaints of law enforcement agencies and hospital staffers ignoring such prohibitions. This persistence of shackling pregnant women is attributed to factors such as confusion over the laws, a lack of sanctions for violations, and loopholes in the legislation.
Additionally, it is important to note that the First Step Act only applies to federal prisons and does not impact state penal systems. This means that the use of restraints on pregnant inmates in state prisons may still occur, depending on the laws and policies of each state. As of 2024, about 40 states, including Georgia, have passed laws limiting the use of restraints on pregnant individuals in law enforcement custody. However, the lack of education and awareness about these laws among correctional officers, hospital staff, and even medical professionals contributes to the ongoing issue.
Overall, while the First Step Act's ban on restraints for pregnant prisoners is a positive step towards improving prison conditions and curbing inhumane practices, there are still challenges and discrepancies in its implementation and enforcement.
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The legislation requires the Attorney General to develop a risk and needs assessment system to be used by the BOP
The First Step Act, signed into law in 2018, is a bipartisan piece of legislation aimed at reforming the federal prison system and reducing recidivism. The law is divided into six titles, with Title I directing the US Attorney General to develop a risk and needs assessment system.
This system, to be used by the BOP, is designed to assess the recidivism risk and criminogenic needs of all federal prisoners. It provides guidance on the type, amount, and intensity of recidivism reduction programming and productive activities for each prisoner. The system also informs housing decisions, grouping prisoners with similar risk categories together. The legislation requires that this risk and needs assessment system be developed within 180 days of enactment and be evidence-based.
The National Institute of Justice (NIJ) plays a key role in assisting the Attorney General in carrying out these duties. NIJ helps assess the existing risk and needs assessment system, develops and evaluates a new system, and makes recommendations for effective evidence-based recidivism reduction programs. The First Step Act also established an Independent Review Committee (IRC), hosted by the nonpartisan and nonprofit Hudson Institute, to provide additional oversight and input.
The risk and needs assessment tool developed under the legislation is known as PATTERN ("Prisoner Assessment Tool Targeting Estimated Risk and Needs"). PATTERN uses an algorithm to predict the likelihood of general and violent recidivism for all BOP inmates. However, there have been concerns raised about the transparency of PATTERN's algorithmic development and potential racial bias in its predictions.
The First Step Act has had a significant impact on the federal prison system. In its first year, more than 3,000 federal prisoners were released due to changes in the good-time credits calculation formula, and over 2,000 inmates benefited from sentence reductions. The law also expanded opportunities for rehabilitation and education, with a 35% increase in participation in evidence-based programs between 2022 and 2023.
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The First Step Act expands eligibility for compassionate release of elderly and terminally ill inmates
The First Step Act (FSA) was signed into law by the Trump Administration in 2018. It is the first federal prison reform act, aiming to reduce recidivism and reform sentencing. The law is divided into six titles, codified at various parts of Titles 18, 21, and 34 of the United States Code.
The FSA also 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 program encourages the BOP to make greater use of home confinement by requiring them to place individuals with lower risk levels and needs on home confinement for the maximum amount of time permitted. This has resulted in nearly 350 people being approved for elderly home confinement.
The First Step Act has faced criticism for not delivering more relief to prisoners. Liberal and conservative critics have argued that the Trump administration's Department of Justice did not properly apply the law, resulting in fewer prisoners benefiting from the reforms than intended. There have also been concerns raised about the transparency of the PATTERN algorithmic tool and its potential for exacerbating existing racial biases in the criminal justice system.
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The Act changes the conversation on mass incarceration, aiming to reduce the number of people in federal custody
The First Step Act, signed into law by the Trump Administration in 2018, is the first federal prison reform act. It aims to reform the federal prison system, reduce recidivism, and end mass incarceration in federal prisons.
The Act requires the Attorney General to develop and publicly announce a risk and needs assessment system for all Federal Bureau of Prison inmates within 180 days of enactment. This system, dubbed PATTERN ("Prisoner Assessment Tool Targeting Estimated Risk and Needs"), is designed to predict the likelihood of general and violent recidivism for all BOP inmates. The First Step Act also requires the Attorney General to recommend evidence-based recidivism reduction activities. The risk and needs assessment system is to be used to classify prisoner risk of recidivism, match prisoners with suitable recidivism reduction activities, inform housing decisions, and create opportunities for prisoners to participate in rehabilitative programming to support their success after release.
In addition to the risk and needs assessment system, the First Step Act has also led to the release of more than 3,000 federal prisoners within the first year of enactment due to changes in the good-time credits calculation formula. More than 2,000 inmates also benefited from sentence reductions from the retroactive application of the Fair Sentencing Act of 2010, which aims to reduce the disproportionate impact of harsh drug laws. Nearly 350 people were approved for elderly home confinement, and more than 100 received compassionate release sentence reductions.
The Act also requires the submission of several reports to review the BOP's implementation of the law and assess the effects of the new risk and needs assessment system. The National Institute of Justice (NIJ) plays a key role in assisting the Attorney General in carrying out the Act's mandates. NIJ has begun meeting with the Hudson Institute, the nonpartisan and nonprofit organization hosting the Independent Review Committee (IRC).
Overall, the First Step Act has been viewed as a successful first step towards reducing mass incarceration and prioritizing community safety. Lawmakers have been urged to expand upon the Act's provisions and continue the momentum towards criminal justice reform.
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Frequently asked questions
The First Step Act is a US law that aims to make the federal justice system fairer and more focused on rehabilitation. It accomplishes two main things: sentencing reform and prison reform.
The First Step Act includes provisions for meaningful sentencing reform, such as shortening mandatory minimum sentences for non-violent drug offences and easing the federal "three strikes" rule. It also requires the development of a risk and needs assessment system to classify prisoners' risk of recidivism and match them with suitable activities to reduce this risk. Additionally, it improves conditions in federal prisons by banning inhumane practices like the use of restraints on pregnant women and encouraging the placement of prisoners in facilities closer to their families.
The First Step Act was passed by the US Senate on December 18, 2018, with an overwhelming bipartisan majority of 87-12. It was then approved by the House with the Senate revisions on December 20, 2018 (358-36), and signed into law by President Donald Trump on December 21, 2018.
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