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Breaking Down the First Step Act: A Comprehensive Guide to Federal Prison Reform
What is the First Step Act and Its Key Provisions?
The First Step Act, signed into law in December 2018 by President Donald Trump, is considered one of the most substantial federal prison and sentencing reforms in years. It aims to reduce recidivism rates and mass incarceration through prison reforms and by expanding judicial discretion in sentencing for nonviolent crimes.
Key provisions include:
- Earning time credits towards prerelease custody or supervised release by participating in evidence-based, productive activities
- Compassionate release process expansions and increase in home confinement
- Assessments and risk analysis by the Department of Justice to assign risk levels
- Ban on restraints for pregnant prisoners
- Requirement of proximity placement for incarcerated parents
- De-escalation training for officers
- Expansion of existing programs for treatment, vocational training, and mental health
Decoding the Key Reforms in the First Step Act
The First Step Act institutes impactful federal prison and sentencing reforms to reduce recidivism and improve reentry outcomes. Several significant provisions rewrite policies around rehabilitation opportunities, sentencing rules, compassionate release, and more.
One crucial reform expands existing evidence-based recidivism reduction programs and productive activities for prisoners. By completing these, eligible inmates can earn time credits towards pre-release custody or supervised release. This incentivizes participation in vocational training, educational courses, mental health treatment, and more. The time credits allow prisoners to earn an earlier transfer to halfway houses or home confinement. Participation is evaluated using a risk assessment process.
Other key reforms include the expansion of compassionate release eligibility, primarily by broadening the BOP’s determination of “extraordinary and compelling” circumstances. The Act also prohibits restraints for pregnant inmates in most situations and requires incarcerated parents to be placed close to their families when possible.
On the sentencing front, reforms like retroactively applying the Fair Sentencing Act of 2010 and expanding judicial discretion for nonviolent offenses will impact defendants significantly. Overall, the Act aims to transform federal corrections to focus more on successful reentry.
The Concept of Good Time Credit in the First Step Act
Once convicted, individuals face risk and need assessments (RNA) by correctional agencies to evaluate their reoffense risk and compliance with correctional rules. These tools guide authorities in shaping targeted interventions, ensuring public safety, and utilizing resources efficiently. RNA tools, now a staple in most U.S. correctional systems, promise to elevate correctional standards. However, their current widespread versions are often antiquated and underperforming, falling short of their transformative potential.
The First Step Act significantly changes how federal prisoners earn time credits leading to earlier release from prison or transfer to prerelease custody. The fundamental mechanisms for this are an overhauled Good Conduct Time (GTC) system and new earned time credits. The Act changes GTC calculation from 47 to 54 days per year. In addition to GCT, eligible prisoners can earn time credits by completing evidence-based recidivism reduction programming. Prisoners earn 10-15 days for every 30 days served, assessed by their risk level and program participation. This expanded good time credit system rewards prisoners for displaying model behavior and good conduct.
What Types of Programs Can Inmates Participate in for Time Credits?
After undergoing a comprehensive risk and needs assessment, each works with counselors to create a customized plan that includes programming options matching their talents, needs, and interests. The types of programs available are designed to help inmates develop essential life skills, treatment modalities to overcome addictions and trauma, educational advancement to increase employability, and other evidence-based interventions tailored to addressing criminal risk factors.
While serving their sentences, inmates can demonstrate their commitment to rehabilitation through programming participation and redeem time off their terms through educational, vocational, or counseling accomplishments. Over the last few years, the BOP crafted “standardized Evidence-Based Recidivism Reduction (EBRR) Programs and Productive Activities (PAs).” These are also referred to as “First Step Act Approved Programs.”
Are All Federal Offenders Eligible for First Step Act Time Credits?
Not All Prisoners Can Earn Early Release
When the First Step Act became law in 2018, it brought hope of earlier freedom for some federal prisoners. But the reality is more complicated. Many inmates remain excluded despite expanding opportunities to earn time credits off sentences.
Life without parole sentences come with no chance for credits. Those convicted of certain violent crimes like murder, terrorism, and child exploitation also face a firm “no.” If you’re finishing up a supervision term for a previous violation, you must complete it before qualifying for credits.
Then come the “maybes” – offenders with limited eligibility. To earn credits, those guilty of second-degree murder without a firearm or other felonies may need to join recidivism-reduction programs. But access can be restricted.
The fine print creates a maze of uncertainty. Even among those technically eligible, bureaucratic roadblocks and limited program availability can dash hopes. Early release often remains elusive.
How to Calculate a Release Date From a Federal Prison Sentence
It is remarkable how little information is available to understand how to calculate how much time one will spend in the federal prison system. This is the reason the tool on this website was developed and launched. The passing of The First Step Act in 2018 was a historical achievement, but it was only the beginning of a long journey toward reform.
Prisoners earn 10-15 days for every 30 days of participation. Advocates for the law encouraged the BOP to make greater use of home confinement by requiring the BOP, to the extent practicable, to place individuals with lower risk levels and lower needs on home confinement for the maximum amount of time permitted under Section 3624(c)(2), which authorizes home confinement for 10% of the term of imprisonment or six months, whichever is shorter. Here are thorough instructions for how to calculate a federal prison sentence.
Total Imposed Sentence: This is the starting point.
Good Time Credit: Calculated by reducing the Total Imposed Sentence by 15%. This reduction is applied to acknowledge the inmate’s good behavior during incarceration.
FSA Time Credits: Additional reductions in the sentence for completing approved Evidence-Based Recidivism Reduction (EBRR) Programs or Productive Activities (PAs) assigned to each inmate based on the inmate’s risk and needs assessment. Inmates begin to accumulate these credits after their initial Team Meeting. For every 30 days of the sentence served, inmates receive ten days of credits. These credits accumulate from the first day of the month following this initial meeting.
Additional FSA Time Credits: The rate at which FSA Time Credits are earned increases to 15 days for every 30 days served. This is after a second team meeting, usually around six months after the first. Similar to the initial credits, the accrual of additional FSA Time Credits begins on the first day of the month after this second Team Meeting.
Note: The Bureau of Prisons (B.O.P.) accounts only for whole months in their calculations, and several factors may influence the final release date, potentially resulting in slight variations.