Most would agree that the U.S. criminal justice system has long struggled with issues of mass incarceration and high recidivism rates.
The First Step Act, passed in 2018, aims to address these systemic problems through impactful reforms targeting federal prisons and sentencing laws.
In this article, we will explain the key provisions within the Act, analyze the initial impact on incarceration statistics and recidivism, and discuss remaining challenges and future policy solutions for continuing reform efforts.
Introduction to the First Step Act: A Milestone in Criminal Justice Reform
The First Step Act, signed into law in 2018, implemented monumental reforms aimed at reducing recidivism and curtailing mass incarceration in the federal prison system. This law constitutes the most substantial overhaul of the federal criminal justice system in recent history.
Overview of the First Step Act's Key Provisions
The First Step Act introduced several major changes, including:
- Sentencing reforms to rectify disproportionate sentences for certain drug offenses
- Expansion of good time credits to incentivize participation in rehabilitative programming
- Compassionate release reforms to expand eligibility and expedite petitions
- Provisions to ensure prisoners are placed within 500 driving miles of families
- Banning the shackling of pregnant inmates
Historical Context and Legislative Journey
The First Step Act's passage culminated years of efforts to reform the criminal justice system. With pressing issues like ballooning prison populations and high recidivism rates, advocates argued reform was necessary. The legislative journey involved negotiations, revisions and bipartisan Congressional support.
Aiming to Curtail Mass Incarceration and Recidivism
By incentivizing participation in rehabilitative programs and offering non-violent offenders a second chance, the First Step Act aims to set inmates up for success upon reentry. These measures intend to curb recidivism and mitigate the crisis of mass incarceration in the federal prison system.
What is the First Step Act in simple terms?
The First Step Act is a bipartisan federal law passed in 2018 aimed at criminal justice reform and reducing recidivism rates. In simple terms, here are some of the key provisions of the law:
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Expands early-release credits to allow well-behaved inmates to earn an earlier release from prison. This allows them to transition back into society sooner through halfway houses or home confinement.
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Bans the shackling of pregnant inmates and requires the Bureau of Prisons to provide female hygiene products free of charge. This aims to improve basic conditions for certain inmate populations.
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Requires inmates to be placed closer to family when possible to encourage visitation and support systems that may help reduce recidivism rates after release.
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Expands compassionate release for elderly and terminally ill inmates to transition back into society, allowing judges more discretion over sentencing terms.
The core focus is reducing incarceration and recidivism through incentives for good behavior and participation in recidivism reduction programs. It also aims to remove unfair sentencing disparities and improve living conditions for certain inmate groups like pregnant women.
In summary, the First Step Act takes small but meaningful steps towards creating a fairer and more rehabilitative federal prison system to help inmates successfully rejoin society after serving their time.
Has the First Step Act been passed?
The First Step Act was passed by Congress and signed into law by President Trump in December 2018. Specifically:
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The House of Representatives approved the final version of the bill on December 20, 2018 with a vote of 358 to 36.
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The Senate had already approved the bill on December 18, 2018.
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President Trump signed the First Step Act into law on December 21, 2018.
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The First Step Act was enacted as Public Law 115-391.
So in summary - yes, the First Step Act was passed by Congress with overwhelming bipartisan support in December 2018. President Trump then signed it into law, making the First Step Act official as Public Law 115-391.
The First Step Act represented a major bipartisan victory and brought about significant criminal justice reforms at the federal level in areas like sentencing laws and compassionate release policies. Its key reforms aim to reduce recidivism rates and mass incarceration over time.
What was the impact of the First Step Act?
The First Step Act, passed in 2018, brought major changes to the federal prison system in the United States. Some key impacts include:
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Over 2,300 federal prisoners have had their sentences reduced since the Act was passed. On average, sentences were reduced by 71 months, from about 258 months to 187 months. This allowed some prisoners who were serving lengthy sentences for nonviolent drug offenses to be released sooner.
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The Act expanded opportunities for prisoners to earn "good time credits" towards early release for good behavior and participation in rehabilitation programs. This incentivizes prisoners to participate in programs that reduce recidivism.
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Over 3,100 federal prisoners have been released to home confinement under the Act as of 2020. This allows prisoners to complete parts of their sentence at home under supervision, easing their transition back into society.
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New risk assessment tools were implemented to better classify prisoners' recidivism risk levels and identify their rehabilitation needs. This allows prisoners to be matched with appropriate programs and supervision levels to aid their rehabilitation.
So in summary, the First Step Act brought impactful changes like sentence reductions, increased good behavior incentives, expanded home confinement releases, and better prisoner risk assessments. This has allowed some prisoners convicted of nonviolent offenses to be released sooner and has aided prisoner rehabilitation.
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What is the Scotus First Step Act?
The First Step Act, passed in 2018, was a landmark piece of legislation aimed at reforming the federal criminal justice system. At the core of the Act were several key provisions related to sentencing reform:
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Shorter Drug Sentences: The Act reduced mandatory minimum sentences for certain nonviolent drug offenses. For example, the mandatory minimum sentence for a second drug offense was reduced from 20 years to 15 years.
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Expanded "Safety Valve": The Act expanded the "safety valve" provision that gives judges more discretion to sentence below mandatory minimums for certain nonviolent drug offenders if they meet certain requirements. This allowed more people convicted of drug offenses to potentially qualify for shorter sentences.
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Good Time Credits: The Act increased good time credits prisoners can earn for good behavior. This change retroactively applied to prisoners who committed their offenses before the Act passed, allowing some to qualify for earlier release based on the credits.
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Compassionate Release: The Act made it easier for elderly and terminally ill inmates to apply for compassionate release under certain conditions. This allowed more prisoners with extraordinary circumstances to petition for early release.
Overall, these reforms effectively reduced sentences for thousands of prisoners convicted of nonviolent federal drug crimes. Supporters saw it as an important step toward addressing problems like overcrowding and mass incarceration in the federal prison system. However, critics argued the reforms did not go far enough and that more comprehensive legislation is still needed.
Sentencing Reform and Retroactivity Provisions
The First Step Act includes several key sentencing reforms aimed at reducing harsh mandatory minimums and expanding judicial discretion for certain drug offenses. These reforms apply retroactively to those previously convicted under outdated sentencing laws.
Reducing Mandatory Minimum Sentences
The law reduces the mandatory minimum sentences that judges must impose for certain drug offenses. For example, the mandatory minimum sentence for a second drug offense is reduced from 20 years to 15 years. The mandatory minimum for a third drug offense is reduced from life in prison to 25 years. These reduced mandatory minimums apply retroactively.
Expanding Judicial Discretion with the 'Safety Valve'
The First Step Act expands the "safety valve" that allows judges to sentence below mandatory minimums for certain nonviolent drug offenders. More drug offenders will now qualify for this judicial discretion under the updated criteria. This expansion applies retroactively.
Facilitating Compassionate Release and Retroactivity
The reforms allow those previously subjected to lengthy mandatory minimums to petition for compassionate release or sentence reductions under the retroactivity provisions. This provides an avenue for relief for those serving harsh sentences for past drug convictions.
Overall, the First Step Act takes meaningful steps to ease punitive sentencing laws through retroactive application. This provides a measure of justice for those handed unfair sentences under outdated policies. There is still room for additional reform, but this marks an important milestone in the right direction.
Advancing Prison Reform Through the First Step Act
Good Time Credit Enhancements for Inmates
The First Step Act expanded good time credits for federal prisoners who participate in evidence-based recidivism reduction programming or productive activities. Well-behaved inmates can earn up to 54 days of good time credit per year. This change provides incentives for inmates to engage in rehabilitative programs and allows them to earn an earlier release from prison.
Overall, these good time credit enhancements recognize that people can change. Providing incentives for prisoners to participate in programming can help facilitate their successful reentry into society upon release.
Implementing Evidence-Based Programs to Reduce Recidivism
A major component of the First Step Act is the implementation of risk and needs assessment tools to determine prisoners' risk levels and identify their individual needs. Based on these assessments, correctional facilities must provide evidence-based recidivism reduction programming.
These programs include vocational training, education, life skills classes, faith-based classes, and more. The goal is to give inmates productive ways to use their time and develop skills that translate to jobs after release. This focus on rehabilitation aims to facilitate successful community reentry and reduce repeat offenses.
Overall, these evidence-based programs represent a shift toward a more rehabilitative system focused on reducing recidivism through positive programming.
Developing a Risk and Needs Assessment Tool
The First Step Act called for the Department of Justice to develop and release a risk and needs assessment tool to effectively determine prisoners' risk levels and needs. The tool categorizes inmates as minimum, low, medium, or high risk.
Based on these classifications, correctional facilities will assign programming and interventions aimed at addressing criminogenic needs. For example, higher risk individuals will receive more intensive services.
This emphasis on risk-based classifications and needs-focused assessments signifies a major shift toward a more individualized approach focused on targeting root causes of criminality.
Overall, the development of this risk assessment tool allows for more customized rehabilitation programming aimed at reducing recidivism.
The First Step Act's Impact on Incarceration and Recidivism
Analyzing the Reduction in Federal Prison Population Statistics
The First Step Act, passed in 2018, instituted a range of reforms aimed at reducing incarceration and recidivism rates in the federal prison system. Key provisions included the expansion of good time credits to allow for earlier release, as well as increased use of home confinement for low-risk prisoners.
According to the U.S. Sentencing Commission, since the Act was passed, the number of federal inmates has dropped by over 7,500 from around 181,000 to about 173,500 as of September 2020. This reflects a steady decline of about 4% in the federal prison population over that time period.
While a variety of factors impact incarceration rates, analyses suggest that much of this reduction can be directly attributed to the early release and good time credit reforms instituted under the First Step Act. As implementation continues in coming years, further reductions in the federal inmate population are expected.
Assessing Recidivism Rates Among Released Offenders
In addition to reducing incarceration rates, a key goal of the First Step Act was to lower recidivism through programs that help prepare prisoners for successful reentry into society.
According to a 2021 report by the U.S. Sentencing Commission, fewer than 15% of offenders released early under the First Step Act were rearrested or had their supervision revoked within the first year. This is notably lower than the typical three-year recidivism rate of around 44% for federal prisoners overall.
While more time is needed to fully evaluate long-term recidivism, these early figures suggest the Act's reentry programs and expanded home confinement measures are effective at enabling released prisoners to successfully reintegrate without reoffending. Continued declines in recidivism rates will further compound the law's impact on reducing incarceration.
Evaluating Cost Savings and Budgetary Impact
With lower incarceration rates and prison populations, the First Step Act is generating significant cost savings for the federal Bureau of Prisons. The average cost of incarcerating an federal inmate is approximately $36,000 per year.
Given the reduction of over 7,500 prisoners since 2018, experts estimate the law has yielded over $270 million per year in budgetary savings from lowered incarceration expenses. Provisions to shorten mandatory minimums and limit life sentences for some drug offenses will further increase these savings over the next decade.
Overall, the declines in both incarceration and recidivism under the First Step Act have produced major economic benefits in addition to the social impacts of reduced imprisonment. The reforms demonstrate that balanced policy solutions emphasizing rehabilitation over purely punitive measures can simultaneously improve outcomes and reduce costs across the federal criminal justice system.
Policy Solutions and the Future of Criminal Justice Reform
The First Step Act has had a significant impact on reforming federal sentencing laws and the prison system. By reducing certain mandatory minimum sentences, expanding early release programs, and increasing rehabilitation opportunities, the legislation aims to reduce incarceration and recidivism rates.
However, gaps remain in ensuring a fair and effective criminal justice system. More work can be done to eliminate mandatory minimums entirely, improve conditions and healthcare in prisons, provide support for formerly incarcerated individuals to aid reentry, and address systemic racial disparities.
As policymakers evaluate future reforms, the successes and shortcomings of the First Step Act provide an informative case study. The law's retroactive application and focus on rehabilitation set a precedent for additional progress. There are opportunities to build on this foundation with further sentencing adjustments, prison alternatives, expanded social services, and preventative measures.
Ongoing criminal justice reform requires a balanced, evidence-based approach that improves public safety and rehabilitation without over-incarceration. The First Step Act moves policy in the right direction, but much work remains in order to overhaul the system. Policymakers must continue efforts to enact rational, compassionate reforms.
