First Step Act

First Step Act
U.S. Government · Public domain · source
Name	First Step Act
Fullname	Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act
Enacted by	the 115th United States Congress
Effective	December 21, 2018
Public law	115-391

First Step Act. The First Step Act is a bipartisan federal criminal justice reform bill signed into law by President Donald Trump in December 2018. It represents the most significant changes to the United States federal sentencing and prison law in decades, aiming to reduce recidivism and modify sentencing provisions. The legislation emerged from years of advocacy and built upon earlier state-level reforms and federal proposals like the Sentencing Reform and Corrections Act.

Background and legislative history

The push for federal sentencing reform gained momentum following years of advocacy from a diverse coalition including the American Civil Liberties Union, the Koch family foundations, and the Brennan Center for Justice. Legislative efforts, such as those championed by Senator Chuck Grassley and the late Representative Elijah Cummings, often stalled despite bipartisan support. The bill's final passage was heavily influenced by the advocacy of senior advisor Jared Kushner, who worked with key legislators like Senator Dick Durbin and Senator Mike Lee. It passed the United States House of Representatives with overwhelming support and was signed at a ceremony attended by figures like Kim Kardashian, who had lobbied the White House on clemency issues.

Key provisions

The law contains two primary titles focusing on prison reform and sentencing modifications. The prison reform section mandates the Federal Bureau of Prisons to create a risk and needs assessment system to guide rehabilitation programs, allowing eligible inmates to earn time credits for early transfer to pre-release custody like halfway houses. Sentencing reforms include applying the Fair Sentencing Act of 2010 retroactively to reduce disparities for crack cocaine offenses, easing the harsh penalties of the three-strikes law, and expanding the existing safety valve to give judges more discretion for certain non-violent drug offenders. It also increased good conduct time credit and placed restrictions on the use of solitary confinement for juvenile inmates.

Implementation and oversight

Implementation authority was granted to the United States Department of Justice and the Federal Bureau of Prisons, overseen by the Prisoner Assessment Tool Targeting Estimated Risk and Needs (PATTERN) system. The United States Sentencing Commission was tasked with updating guidelines and analyzing the law's effects. An independent review was conducted by the Government Accountability Office, while the Office of the Inspector General, Department of Justice monitors compliance. Non-governmental organizations like the Council on Criminal Justice and the Prison Policy Initiative have tracked rollout and outcomes.

Impact and outcomes

In its initial years, the law led to the early release of thousands of federal inmates, with the Bureau of Prisons reporting over 3,000 releases under its retroactive crack cocaine provisions. Studies by the Urban Institute and the Cato Institute noted reductions in the federal prison population and projected long-term cost savings for the Bureau of Prisons. The law has been credited with increasing participation in recidivism reduction programs and expanding access to compassionate release, a mechanism used extensively during the COVID-19 pandemic in the United States.

Criticisms and controversies

Critics, including some members of the Democratic Party and organizations like the Leadership Conference on Civil and Human Rights, argued the reforms did not go far enough, excluding many violent offenders and leaving mandatory minimums largely intact. Concerns were raised about potential racial and gender bias in the PATTERN risk assessment tool, highlighted in analyses by the Brookings Institution. Some prosecutors, including former Attorney General William Barr, expressed worries about public safety impacts. Implementation delays by the Bureau of Prisons and disparities in access to earned credits have also been points of contention. Category:2018 in American law Category:United States federal criminal legislation Category:Donald Trump administration controversies