Keith Mack
The First Step Act is a US federal law that was passed in 2018 with the aim of reforming the criminal justice system. The law was signed by President Donald Trump on December 21, 2018, and became Public Law 115–391. The First Step Act is significant because it includes provisions for sentencing reform and reducing mass incarceration, particularly for non-violent drug offenses. It also addresses inhumane practices in federal prisons and seeks to improve conditions for prisoners, with a focus on rehabilitation and second chances. The implementation of the law has been the subject of ongoing debate and evaluation, with some critics arguing that it has not delivered enough relief to prisoners. Overall, the First Step Act represents a step towards a more fair and just criminal justice system in the United States.
| Characteristics | Values |
|---|---|
| Purpose | To make the federal justice system fairer and more focused on rehabilitation |
| Scope | Federal sentencing rules and federal prison reforms |
| Impact | Reduced sentences for over 4,000 people, with over 2,600 released during the Covid-19 pandemic |
| Sentencing Reform | Reducing lengthy sentences for non-violent drug offenses, expanding the "safety valve" for judges to deviate from mandatory minimums, easing the "three strikes" rule |
| Prison Reform | Curbing inhumane practices like shackling pregnant women, improving conditions, expanding educational programming, reducing recidivism |
| Risk Assessment | Development of the PATTERN tool to assess risk and needs of prisoners, but concerns raised about algorithmic bias |
| Bipartisan Support | Passed with bipartisan support in both the Senate and House, signed by President Trump |
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What You'll Learn
The First Step Act is a bipartisan law
The First Step Act was the result of years of advocacy by people across the political spectrum. A similar bipartisan bill almost passed in 2015 but was ultimately derailed by election-year politics. In 2018, the Trump administration began working on its own criminal justice bill, which was refined through compromises and gained supermajority support in both houses of Congress. The Act passed the Senate with an overwhelming majority of 87-12 and was then approved by the House with the Senate's revisions.
The First Step Act focuses on two main areas: sentencing reform and prison reform. In terms of sentencing reform, the Act aims to reduce lengthy and disproportionate sentences for non-violent drug offenses. It makes the Fair Sentencing Act of 2010 retroactive, allowing individuals sentenced under the outdated 100:1 crack cocaine/powder cocaine disparity to apply for resentencing under the new 18:1 ratio. The First Step Act also expands the "drug safety-valve," giving judges more flexibility to deviate from mandatory minimum sentences for certain drug offenses and impose more lenient sentences.
The prison reform elements of the First Step Act are designed to improve conditions in federal prisons. This includes eliminating inhumane practices, such as the use of restraints on pregnant women, and encouraging the placement of individuals in prisons closer to their families. The Act also promotes a shift in focus from punishment to rehabilitation, with an emphasis on providing educational and rehabilitative programming to reduce recidivism.
The First Step Act has had a significant impact on the criminal justice system. Within the first year of its enactment, more than 3,000 federal prisoners were released due to changes in the calculation of good-time credits, and over 2,000 inmates benefited from sentence reductions under the retroactive application of the Fair Sentencing Act. Additionally, the Act's provisions for compassionate release resulted in the release of more than 2,600 individuals during the Covid-19 pandemic.
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It focuses on criminal justice reform
The First Step Act is a law that focuses on criminal justice reform. It is the result of years of advocacy by people from across the political spectrum. The law accomplishes two main things, both aimed at making the federal justice system fairer and more centred on rehabilitation. Firstly, it reforms sentencing, reducing federal prison sentences and giving people additional opportunities to avoid mandatory minimum penalties. This is achieved by expanding a "safety valve" that allows judges to impose sentences lower than the statutory minimum in some cases. This particularly applies to non-violent drug offences, where the Act restricts the use of enhanced mandatory minimum penalties.
The First Step Act also makes the 2010 Fair Sentencing Act retroactive, allowing people sentenced under the previous 100:1 crack cocaine/powder cocaine disparity to apply for resentencing under the new 18:1 rubric. This change alone allowed for the release of more than 2,000 inmates within the first year of the Act's enactment. The First Step Act also eases the federal "three strikes" rule, which previously imposed a life sentence for three or more convictions, instead issuing a 25-year sentence.
Secondly, the law reforms prisons, improving conditions for current prisoners and addressing laws that increased racial disparities in the federal prison system. For example, the Act bans the shackling of pregnant women and expands the cap on "good time credit", or small sentence reductions based on good behaviour, from around 47 to 54 days per year. The Act also requires federal prisons to offer programs to reduce recidivism.
The First Step Act is a significant step towards criminal justice reform, particularly in the context of reducing mass incarceration and providing rehabilitation. It represents a systemic shift towards second chances and a belief in the integrity of the justice system.
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The Act aims to reduce mass incarceration
The First Step Act is a US law that was passed in 2018 with the aim of reducing mass incarceration and reforming the federal justice system. The Act includes provisions for sentencing reform, which reduce the number and length of sentences for non-violent drug offences. This includes retroactive application of the Fair Sentencing Act of 2010, which reduces the sentencing disparity between crack and powder cocaine offences. This disparity had disproportionately impacted racial minorities.
The Act also expands the "drug safety-valve", giving judges more discretion to deviate from mandatory minimum sentences for non-violent drug offences. This addresses the issue of federal mandatory minimum sentences, which have contributed to the rise of mass incarceration in recent decades. The "three strikes" rule is also eased, reducing the sentence from life imprisonment to 25 years.
The First Step Act also includes prison reforms aimed at improving conditions for current prisoners. This includes a ban on the shackling of pregnant women and the creation of a de-escalation program to train staff in non-violent conflict resolution. The Act requires federal prisons to offer programs to reduce recidivism and expands the cap on "good time credits", which are small sentence reductions based on good behaviour.
The impact of the First Step Act has been significant, with over 4,000 people having their sentences reduced and approximately 1,400 people impacted by the expansion of judicial discretion in drug cases within a year of its enactment. The Act has also been credited with reducing mass incarceration, with more than 3,000 federal prisoners released within the first year due to changes in the "good-time credits" calculation formula.
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It introduces sentencing and prison reforms
The First Step Act introduces sentencing and prison reforms, aiming to cut unnecessarily long federal sentences and improve conditions in federal prisons. The Act's sentencing reform components shorten federal prison sentences and give people additional chances to avoid mandatory minimum penalties by expanding a "safety valve" that allows judges to impose a sentence lower than the statutory minimum. The Act constrains the application of sentencing enhancements for defendants with prior drug felony convictions by redefining "serious drug felony" and "serious violent felony". This reduces the mandatory minimum sentence for a second violation from 20 years to 15 years, and for a third violation, from life to 25 years.
The First Step Act also expands the Second Chance Act, allowing federal inmates to earn up to 54 days of good time credit for every year of their imposed sentence, rather than for every year served. This enables inmates to finish their sentences outside of prison, in pre-release custody or even home confinement. The Act also makes the Fair Sentencing Act of 2010 retroactive, allowing crack cocaine offenders sentenced before August 3, 2010, to petition for resentencing.
The prison reform elements of the First Step Act are designed to improve conditions in two ways. Firstly, by curbing inhumane practices, such as eliminating the use of restraints on pregnant women, and encouraging the placement of prisoners in facilities closer to their families. Secondly, by reorienting prisons around rehabilitation rather than punishment. This involves expanding rehabilitative programming, such as vocational training, educational classes, and behavioural therapy, to support the success of individuals after their release. These programs are intended to reduce recidivism and enable prisoners to earn '"time credits" to qualify for early release'.
The First Step Act also addresses compassionate release applications, allowing individuals who present extraordinary and compelling circumstances, such as severe illness or old age, to bring their applications directly to a federal judge. Additionally, the Act requires the Attorney General to report to Congress on the activities undertaken and accomplishments reached in carrying out the law.
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The Act mandates a risk and needs assessment tool
The First Step Act is a US federal law that was signed by President Donald Trump on December 21, 2018. The Act is aimed at making the federal justice system fairer and more centred on rehabilitation. It accomplishes two main things: sentencing reform and prison reform.
The First Step Act requires the Attorney General to develop and publicly announce this risk and needs assessment system within 180 days of enactment. The Act also directs the Attorney General to recommend evidence-based recidivism reduction activities. By January 2020, all BOP prisoners had undergone an initial risk and needs assessment with the PATTERN tool.
However, there have been concerns raised about the transparency of PATTERN's algorithmic development and its potential for exacerbating existing racial biases in the criminal justice system. Allegations of racial algorithmic bias in the tool have persisted, despite changes made by the Department of Justice in response to feedback.
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Frequently asked questions
The First Step Act is a federal law in the United States that aims to reform the criminal justice system by reducing harsh sentencing practices, providing incentives for rehabilitative programming in federal prisons, and improving prison conditions.
The First Step Act includes key sentencing reforms such as reducing mandatory minimum sentences for non-violent drug offenses, easing the federal "three strikes" rule, and expanding the "drug safety-valve" to give judges more discretion in sentencing. It also addresses inhumane practices in prisons, such as banning the shackling of pregnant women, and expands the cap on "good time credit" for sentence reductions based on good behaviour.
The First Step Act has had a significant impact on the criminal justice system. Within the first year of enactment, more than 3,000 federal prisoners were released due to changes in the "good-time credits" calculation, and over 2,000 inmates benefited from sentence reductions under the retroactive application of the Fair Sentencing Act. It has also expanded educational programming in federal prisons, with 112 programs available across all institutions.
