First Step Act
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| First Step Act | |
|---|---|
 U.S. Government · Public domain · source | |
| Name | First Step Act |
| Enacted by | 115th United States Congress |
| Enacted | 2018 |
| Signed by | Donald Trump |
| Date signed | 2018-12-21 |
| Status | In force |
First Step Act The First Step Act is a United States federal criminal justice reform law enacted in December 2018 during the Donald Trump administration and passed by the 115th United States Congress. It aimed to change sentencing laws, enhance prisoner rehabilitation programs, and adjust release mechanisms for federal inmates, building on prior efforts by legislators, advocacy groups, and executive initiatives. The law intersects with debates involving conservative and liberal policymakers, civil rights organizations, and criminal justice scholars.
Background and Legislative History
The law emerged from bipartisan negotiations involving figures from the United States Senate, the United States House of Representatives, and the White House. Prominent congressional sponsors included members of the Senate Judiciary Committee and the House Committee on the Judiciary, working alongside advocacy groups such as the American Civil Liberties Union, the Bipartisan Policy Center, and the Heritage Foundation. Influences included earlier reforms like the Fair Sentencing Act of 2010, state-level reforms in Texas, Georgia, and Kansas, and commissions such as the United States Sentencing Commission. The legislative history involved hearings, markups, and negotiations referencing the work of legal scholars at institutions like Harvard Law School, Yale Law School, and the Brookings Institution, and drew attention from public figures including Barack Obama, Bill Clinton, and Newt Gingrich. The bill’s trajectory included debates over mandatory minimums, recidivism reduction programs influenced by research from National Institute of Justice and implementation models from the Federal Bureau of Prisons.
Key Provisions
Major provisions addressed sentencing and corrections policy. The law modified certain sentencing rules for offenses involving crack and powder cocaine in ways resonant with the Fair Sentencing Act of 2010, adjusted mandatory minimum statutes debated in the U.S. Supreme Court and by members of the Senate Judiciary Committee, and expanded the use of earned time credits for eligible inmates following models proposed by think tanks such as the Vera Institute of Justice and the Urban Institute. It required development of evidence-based recidivism reduction programs similar to initiatives at Rikers Island and state systems in New Jersey and Oregon. The statute authorized changes to compassionate release procedures involving petitions to the United States Sentencing Commission, altered provisions affecting juveniles previously sentenced under long terms influenced by rulings like Miller v. Alabama, and provided for enhanced reentry support akin to programs run by The Sentencing Project and John Jay College of Criminal Justice.
Implementation and Administration
Implementation rested primarily with the Federal Bureau of Prisons, under oversight tied to the Department of Justice and reporting duties to committees such as the Senate Judiciary Committee and the House Judiciary Committee. The United States Sentencing Commission was tasked with promulgating guideline changes, while the Office of Management and Budget and the Government Accountability Office tracked fiscal and administrative impacts. Pilot programs and data collection drew on partnerships with academic centers at Columbia University, Stanford University, and University of Michigan, and coordination with reentry organizations including The Fortune Society and Prison Fellowship. Implementation timelines intersected with administrative actions by Jeff Sessions and later William Barr, as well as priorities of the Trump administration and subsequent administrations.
Impact and Outcomes
Studies by research institutions like the Pew Charitable Trusts, the Urban Institute, and the Council on Criminal Justice examined early outcomes, reporting measurable changes in sentence reductions, recidivism risk assessments, and population trends within the Federal Bureau of Prisons. State officials in places such as California, Florida, and Ohio analyzed the law’s indirect effects on incarceration patterns and reentry services. High-profile case outcomes referenced judicial decisions in circuits including the Second Circuit, the Fifth Circuit, and the D.C. Circuit, and engagement by advocacy groups including ACLU and Brennan Center for Justice influenced public understanding. Analysts compared the law’s impacts to earlier federal reforms like the Sentencing Reform Act of 1984 and to international practices observed in United Kingdom and Germany criminal justice systems.
Criticism and Controversies
Critics raised concerns from multiple quarters. Some members of the Senate and advocates from organizations like Families Against Mandatory Minimums argued the law did not go far enough in addressing mandatory minimums and racial disparities highlighted by reports from the Sentencing Project and the NAACP Legal Defense and Educational Fund. Others, including commentators at The Wall Street Journal and institutions like the Heritage Foundation, debated risks related to public safety and the pace of release decisions. Controversy also centered on implementation delays attributed to policy directives from Jeff Sessions and litigation involving the United States Department of Justice and state prosecutors, while scholars from Princeton University and University of Chicago critiqued evaluation methodologies used in impact studies.
Amendments and Related Legislation
Subsequent legislative efforts and state laws built on themes from the act. Proposals in the 116th United States Congress and 117th United States Congress considered broader sentencing reform, with bills referencing the work of the United States Sentencing Commission and advocacy from groups such as The Marshall Project and Equal Justice Initiative. State legislative measures in Texas Legislature, Georgia General Assembly, and New York State Assembly reflected complementary reforms. Related federal statutes and reforms debated alongside included proposals to amend mandatory minimum statutes, expand clemency processes historically exercised by presidents like Jimmy Carter and Barack Obama, and to enhance reentry funding through appropriations considered by the House Appropriations Committee and the Senate Appropriations Committee.