Show pageOld revisionsBacklinksBack to top This page is read only. You can view the source, but not change it. Ask your administrator if you think this is wrong. ====== The First Step Act of 2018: An Ultimate Guide to Federal Prison Reform ====== **LEGAL DISCLAIMER:** This article provides general, informational content for educational purposes only. It is not a substitute for professional legal advice from a qualified attorney. Always consult with a lawyer for guidance on your specific legal situation. ===== What is the First Step Act? A 30-Second Summary ===== Imagine the federal prison system before 2018 as a long, one-way street with very few exits. A person sentenced to 20 years served 20 years, with little opportunity to change their path or earn an earlier return to their family. The system focused almost entirely on punishment, not rehabilitation. For families with a loved one inside, this meant decades of lost time and fading hope, with a high chance the person would return to prison after release. The **First Step Act of 2018** is like a complete redesign of that street, transforming it into a modern highway with multiple off-ramps, rest stops for skill-building, and a clear GPS guiding people toward a successful return home. It’s a landmark, bipartisan [[criminal_justice_reform]] law that fundamentally changed the goals of the federal prison system. It aims to reduce the size of the federal prison population, decrease recidivism (the rate at which people re-offend), and correct some of the harshest sentencing laws from the past. For an ordinary person, it represents a tangible reason for hope—a real, legal mechanism that could bring a family member home sooner and better prepared to succeed. * **Key Takeaways At-a-Glance:** * **Fixing Past Sentences:** The **First Step Act of 2018** retroactively applied the [[fair_sentencing_act_of_2010]], correcting sentencing disparities for crack cocaine offenses and allowing thousands of individuals to seek and receive immediate sentence reductions. * **Earning an Earlier Release:** The **First Step Act of 2018** created a system of "Earned Time Credits" (ETCs), allowing eligible inmates to reduce their time in prison by participating in programs designed to lower their risk of reoffending, like job training and substance abuse classes. * **Empowering Inmates and Families:** The **First Step Act of 2018** expanded [[compassionate_release]], giving inmates the power to directly ask a judge for release due to extraordinary circumstances, and included provisions to place inmates closer to their families and improve conditions for incarcerated women. ===== Part 1: The Legal Foundations of the First Step Act ===== ==== The Story of the First Step Act: A Journey from "Tough on Crime" to Smart on Crime ==== The road to the First Step Act was long and paved with the consequences of previous policies. The 1980s and 1990s were dominated by a "tough on crime" philosophy. This led to laws creating harsh [[mandatory_minimum_sentences]], particularly for drug offenses. The infamous 100-to-1 sentencing disparity between crack and powder cocaine, for example, meant that possessing just 5 grams of crack cocaine triggered the same 5-year mandatory sentence as possessing 500 grams of powder cocaine. This, along with other rigid sentencing rules, caused the federal prison population to explode, disproportionately impacting minority communities. By the 2000s, a new consensus began to form across the political spectrum. Policymakers, advocates, and families saw that the "tough on crime" approach was not only incredibly expensive but also ineffective at reducing crime long-term. The focus began to shift from pure punishment to "smart on crime" solutions that prioritized rehabilitation and public safety. A critical precursor was the **[[fair_sentencing_act_of_2010]]**, which reduced the crack-to-powder cocaine sentencing ratio from 100-to-1 to a more equitable 18-to-1. However, this law was not made retroactive, leaving thousands of people serving long sentences under the old, unfair rules. This set the stage for the First Step Act. Championed by an unlikely coalition of conservative Republicans and progressive Democrats, the act was signed into law in December 2018. Its full name—the **Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act**—reflects its ambitious goal: to be the "first step" in a broader overhaul of the American criminal justice system. ==== The Law on the Books: Public Law 115-391 ==== The **[[first_step_act_of_2018]]** (Public Law 115-391) is a comprehensive piece of federal legislation. It's not a single rule but a collection of reforms targeting different phases of the justice system, from sentencing to incarceration to reentry. The core statutory goals outlined in the Act are to: * **Correct certain sentencing laws** that created unduly long and unfair sentences. * **Incentivize participation in rehabilitative programs** by offering a path to earlier release into [[prerelease_custody]] like [[halfway_houses]] or [[home_confinement]]. * **Reduce the risk of recidivism** by providing inmates with the skills and treatment they need to succeed after release. * **Improve conditions within federal prisons**, particularly for women, and make the [[bureau_of_prisons]] (BOP) more transparent and accountable. ==== A Nation of Contrasts: Federal vs. State Systems ==== A common point of confusion is who the First Step Act applies to. It is a **federal law** that applies **only to individuals convicted of federal crimes and serving time in a federal prison** managed by the [[bureau_of_prisons]]. It does not apply to the vastly larger population of people incarcerated in state prisons or local jails. This distinction is critical. If a loved one was convicted of violating a state law (like assault, most robberies, or state-level drug charges), the First Step Act does not offer them a direct path to relief. However, the Act's success has inspired many states to pass their own criminal justice reform laws. ^ **First Step Act Application: Federal vs. State Systems** ^ | **Jurisdiction** | **Applicability of the First Step Act of 2018** | **What This Means for You** | | Federal System | **Directly Applicable.** All provisions can be used by eligible federal inmates. | If your loved one is in a federal prison (e.g., FCI, USP), they may be eligible for sentence reduction, earned time credits, or compassionate release under this Act. | | California (State) | **Not Applicable.** California has its own extensive set of reform laws. | You would need to research California-specific laws like Proposition 47, Proposition 57, and other state-level sentencing and credit-earning reforms. | | Texas (State) | **Not Applicable.** Texas has its own penal code and parole system. | Relief would depend on Texas state laws regarding parole eligibility, good time credits, and specific programs run by the Texas Department of Criminal Justice (TDCJ). | | New York (State) | **Not Applicable.** New York has been pursuing its own reforms, such as the HALT Solitary Confinement Act. | You must look to reforms passed by the New York State Legislature, which govern sentencing, parole, and prison conditions in state facilities. | | Florida (State) | **Not Applicable.** Florida has some of the strictest sentencing laws in the country. | Efforts for reform in Florida are ongoing, but relief options are generally more limited and are governed entirely by Florida state statutes, not the federal First Step Act. | ===== Part 2: Deconstructing the Core Provisions ===== The First Step Act is best understood as a three-part package: sentencing reforms for past injustices, prison reforms to encourage rehabilitation, and reentry reforms to help people succeed after release. ==== The Anatomy of the Act: Key Components Explained ==== === Provision 1: Sentencing Reforms (Correcting the Past) === This part of the Act addressed some of the harshest "tough on crime" era laws, providing immediate relief for thousands. * **Retroactive Application of the Fair Sentencing Act:** This is arguably the most impactful provision. The Act made the reforms of the **[[fair_sentencing_act_of_2010]]** retroactive. This meant that individuals sentenced for crack cocaine offenses before 2010 could petition a court to have their sentence recalculated under the more lenient 18-to-1 ratio. This single change led to the release of over 3,000 inmates within the first year. * **Example:** Imagine someone was sentenced in 2008 to 15 years for a crack cocaine offense. Under the old 100-to-1 rule, their sentence was severe. After the First Step Act, they could file a motion, and a judge could reduce their sentence as if they had been sentenced under the new 18-to-1 rule, potentially making them eligible for immediate release. * **Changes to "Stacking" 924(c) Charges:** Before the Act, prosecutors could "stack" charges for using a firearm during a violent or drug trafficking crime. A first offense carried a 5-year mandatory minimum, but a "second or subsequent" offense carried a massive 25-year mandatory minimum. Prosecutors could bring these charges all in the same case, so a first-time offender could face a sentence of 5 + 25 + 25 years. The Act clarified that the 25-year enhancement only applies to a defendant who has a *prior, final* 924(c) conviction. This change was also made partially retroactive. * **Expanding the "Safety Valve":** A "safety valve" allows judges to sentence below the mandatory minimum for certain low-level, non-violent drug offenders who meet strict criteria. The Act broadened the criteria, giving judges more discretion to avoid imposing harsh mandatory sentences on deserving individuals. === Provision 2: Earned Time Credits & Recidivism Reduction (Reforming the Present) === This is the forward-looking part of the Act, designed to change the culture inside federal prisons from simply warehousing people to actively preparing them for release. * **The PATERN System:** The Act required the Department of Justice to develop a risk and needs assessment system. The result is the **Prisoner Assessment Tool Targeting Estimated Risk and Needs (PATERN)**. Upon entering the federal system, each inmate is assessed for their risk of reoffending and for their specific needs, such as education, mental health treatment, or job skills. * **Earned Time Credits (ETCs):** This is the heart of the prison reform section. Eligible inmates can earn **10 to 15 days of credit** for every 30 days they participate in approved **Evidence-Based Recidivism Reduction (EBRR) programs** or **Productive Activities (PAs)**. * **What are these programs?** They can include vocational training, educational courses, faith-based classes, substance abuse treatment, and anger management. * **How are credits used?** These are not "good time" credits that shorten the overall judicial sentence. Instead, ETCs are used to earn an earlier transfer to **[[prerelease_custody]]**, such as a [[halfway_house]] or [[home_confinement]], for up to 12 months. This provides a crucial transition period. * **Ineligibility:** It is critical to know that not all inmates are eligible to earn these credits. The statute lists numerous disqualifying offenses, including many violent crimes, sex offenses, and terrorism-related crimes. Inmates must also be deemed a minimum or low risk of reoffending to redeem their credits. === Provision 3: "Second Chance" and Reentry Provisions (Preparing for the Future) === This section contains several other important changes aimed at a more humane and effective system. * **Expanded Compassionate Release:** Before the Act, an inmate could only get [[compassionate_release]] (a sentence reduction for "extraordinary and compelling reasons" like terminal illness) if the [[bureau_of_prisons]] filed a motion on their behalf—something the BOP rarely did. The Act now allows inmates to file the motion directly with the court after exhausting administrative remedies. This was a monumental change, especially during the COVID-19 pandemic. * **Good Time Credit Fix:** The Act clarified the calculation of "good time" credits, resulting in a small but meaningful increase for all inmates (from a maximum of 47 days per year to 54 days per year). * **Placing Inmates Closer to Home:** The Act requires the BOP, to the extent practicable, to place inmates in facilities within 500 driving miles of their primary residence to facilitate family contact. * **Prohibiting the Shackling of Pregnant Inmates:** The Act banned the use of restraints on pregnant women during pregnancy, labor, and postpartum recovery, a practice widely condemned as inhumane. ===== Part 3: Your Practical Playbook ===== If you believe the First Step Act might apply to a loved one in the federal system, navigating the process requires careful steps. ==== Step-by-Step: What to Do if You Face a First Step Act Issue ==== === Step 1: Confirm the Person is in the Federal System === - **Check the Inmate Locator.** The very first step is to confirm the person is in the custody of the federal [[bureau_of_prisons]]. You can use the BOP Inmate Locator online. If they are in a state facility, this Act does not apply. === Step 2: Evaluate Eligibility for Sentencing Reforms === - **Review the Original Crime of Conviction.** * Was it a federal crack cocaine offense with a sentencing date before August 3, 2010? If so, they may be eligible for a sentence reduction under the retroactive application of the [[fair_sentencing_act_of_2010]]. * Did the sentence involve multiple or "stacked" [[18_usc_924c]] firearm convictions from a single case? They may be eligible for resentencing. - **Gather Documents.** You will need the original Judgment and Commitment Order and the Pre-Sentence Investigation Report (PSR). === Step 3: Understand and Track Earned Time Credits (ETCs) === - **Identify the PATERN Score.** The inmate should know their risk level (Minimum, Low, Medium, or High). Only Minimum and Low risk inmates can currently apply their credits toward prerelease. - **Encourage Program Participation.** The inmate must actively participate in recommended EBRR programs and Productive Activities. - **Track Credits.** The inmate's case manager is responsible for tracking earned credits. It is vital to stay in communication with them and dispute any errors through the BOP's administrative remedy process. This has been a major source of frustration and litigation. - **Know the [[statute_of_limitations]].** While there isn't a statute of limitations for earning credits, there are deadlines for filing motions for sentence reductions. An attorney is essential here. === Step 4: Explore Compassionate Release Options === - **Assess the Situation.** Is there an "extraordinary and compelling reason" for release? This can include: * A terminal medical condition. * A serious health condition that diminishes the ability for self-care in prison. * The inmate is over 65, has served a significant portion of their sentence, and is experiencing deteriorating health due to age. * The death or incapacitation of the caregiver of the inmate's minor child. - **File an Administrative Request.** The inmate must first request that the warden of their facility file a motion. If the warden denies the request or does not respond within 30 days, the inmate can then file their own motion in federal court. === Step 5: Consult with a Qualified Attorney === - **Do Not Go It Alone.** The First Step Act is complex. Its implementation by the [[bureau_of_prisons]] and interpretation by the courts are constantly evolving. An experienced federal criminal defense attorney is absolutely essential to file the correct motions, make the strongest arguments, and navigate the system effectively. ==== Essential Paperwork: Key Forms and Documents ==== * **Motion for Sentence Reduction Under Section 404 of the First Step Act:** This is the legal document filed in federal court to request a resentencing based on the retroactive application of the Fair Sentencing Act. It outlines the legal basis for eligibility. * **Motion for Compassionate Release Under 18 U.S.C. § 3582(c)(1)(A):** This is the motion filed in federal court after exhausting administrative remedies, arguing that "extraordinary and compelling reasons" warrant a sentence reduction, often to time served. It must be supported by extensive medical records and personal documentation. * **Administrative Remedy Program Forms (BP-8, BP-9, BP-10, BP-11):** This is the formal, multi-step grievance process within the [[bureau_of_prisons]]. It is used to challenge BOP decisions, including incorrect calculations of Earned Time Credits or good time credits, before a lawsuit can be filed. ===== Part 4: Landmark Cases That Shaped the Act's Implementation ===== Since its passage, federal courts have played a huge role in interpreting the First Step Act's language, defining the scope of its relief, and holding the government accountable. ==== Case Study: Bostic v. United States (2019) ==== * **The Backstory:** This Supreme Court case dealt with the "stacking" provision of the Act. Before the Act, defendants charged with multiple 924(c) firearm counts in the same case were subject to a 25-year mandatory sentence on the second count. The Act changed this, but the question was who could benefit retroactively. * **The Legal Question:** Could defendants who were sentenced before the First Step Act but *could have* received a lower sentence under the new rule get relief, even if the judge didn't explicitly rely on the stacked mandatory minimum? * **The Court's Holding:** The Supreme Court held that only those defendants who were formally sentenced under the harsh stacking provision were eligible for resentencing. * **Impact on You Today:** This case narrowed the scope of who could get relief for stacked 924(c) charges, making it crucial to have an attorney analyze the specific language of your original sentencing to determine eligibility. ==== Case Study: United States v. Jones (6th Cir. 2020) ==== * **The Backstory:** As the COVID-19 pandemic swept through prisons, inmates began filing for [[compassionate_release]]. The government argued that courts were bound by an old, narrow policy statement from the U.S. Sentencing Commission defining "extraordinary and compelling reasons." * **The Legal Question:** Are federal courts limited by the Sentencing Commission's old policy statement when deciding on compassionate release motions filed by inmates themselves? * **The Court's Holding:** The Sixth Circuit Court of Appeals (and later, other circuits) ruled that no, the old policy statement is not binding on courts when an inmate files the motion. This gave judges significant discretion to determine what qualifies as an "extraordinary and compelling" reason. * **Impact on You Today:** This ruling (and others like it) opened the door for thousands of successful compassionate release motions. It empowers judges to consider a wide range of factors, including the risk of COVID-19, rehabilitation efforts, and the harshness of the original sentence, when deciding whether to grant release. ==== Case Study: Concepcion v. United States (2022) ==== * **The Backstory:** An individual, Carlos Concepcion, was eligible for a sentence reduction under the First Step Act's retroactive crack cocaine provision. During his resentencing, he asked the judge to also consider legal and factual changes that had occurred since his original sentencing, such as his exemplary prison conduct. * **The Legal Question:** When conducting a resentencing hearing under the First Step Act, are district court judges allowed to consider other intervening changes in law or fact? * **The Court's Holding:** The Supreme Court held that they are. It affirmed that federal courts have broad discretion during resentencing proceedings to consider a wide range of evidence, including post-sentencing rehabilitation. * **Impact on You Today:** This is a major victory for defendants. It means that at a resentencing hearing, your lawyer can present a full picture of who you are today—not just who you were a decade ago. It makes evidence of rehabilitation, education, and good conduct critically important. ===== Part 5: The Future of the First Step Act ===== ==== Today's Battlegrounds: Current Controversies and Debates ==== The First Step Act was a historic achievement, but its implementation has been fraught with challenges and is the subject of ongoing debate. * **BOP Implementation Failures:** The primary controversy surrounds the [[bureau_of_prisons]]'s slow and inconsistent application of the Earned Time Credits system. Advocates and families report widespread confusion, incorrect credit calculations, and a lack of available programming, leading to numerous lawsuits against the agency. * **Bias in the PATERN Tool:** Critics argue that the PATERN risk assessment tool contains inherent racial and socioeconomic biases. Because the tool uses static factors like age at first arrest and prior convictions, it may disproportionately label minority individuals as "high risk," making them ineligible to redeem earned credits. * **The Need for a "Second Step":** Many reform advocates argue the law was truly just a "first step." They are pushing for a "Second Step Act" or "Next Step Act" that would go further by ending mandatory minimums for all drug offenses, making more sentencing reforms retroactive, and creating pathways to review excessively long sentences. ==== On the Horizon: How Technology and Society are Changing the Law ==== The future of federal prison reform will be shaped by new technologies and evolving public attitudes. * **Data and Analytics:** Expect to see a greater reliance on data to refine risk assessment tools. The challenge will be to develop algorithms that are fair, transparent, and proven to reduce bias, rather than reinforcing it. * **Expansion of Prerelease:** As [[home_confinement]] technology (like GPS monitoring) becomes more advanced and cost-effective, there may be a greater push to use it as an alternative to incarceration, especially for non-violent offenders. * **Shifting Views on Drugs:** Society's view of drug use continues to shift from a criminal justice issue to a public health issue. This could fuel future legislative efforts to further reduce or eliminate prison sentences for low-level, non-violent drug offenses, building on the foundation laid by the First Step Act. ===== Glossary of Related Terms ===== * **[[bureau_of_prisons_(bop)]]:** The federal agency responsible for the custody and care of all federal inmates. * **[[compassionate_release]]:** A process that allows for the reduction of a prison sentence for "extraordinary and compelling" reasons. * **[[criminal_justice_reform]]:** A movement to improve the fairness, effectiveness, and humanity of the criminal justice system. * **[[earned_time_credits_(etcs)]]:** Credits earned by federal inmates for participating in rehabilitative programs, which can be used for earlier transfer to prerelease custody. * **[[fair_sentencing_act_of_2010]]:** The law that reduced the sentencing disparity between crack and powder cocaine offenses from 100-to-1 to 18-to-1. * **[[federal_sentencing_guidelines]]:** A set of rules that federal judges use to determine an appropriate sentence for a defendant. * **[[good_time_credits]]:** Credits that reduce an inmate's overall sentence for good behavior while incarcerated. * **[[halfway_house]]:** A residential facility that helps individuals transition from prison back into the community. * **[[home_confinement]]:** A form of prerelease custody where an individual is confined to their home, often monitored electronically. * **[[mandatory_minimum_sentence]]:** A legally required minimum prison term that a judge must impose for a specific crime, regardless of the circumstances. * **[[patern]]:** The risk and needs assessment tool used by the BOP to evaluate federal inmates. * **[[prerelease_custody]]:** The final portion of a sentence served in the community, such as a halfway house or home confinement, to help with reentry. * **[[recidivism]]:** The tendency of a convicted criminal to re-offend after being released from custody. * **[[retroactive]]:** Applying a new law to events or cases that took place before the law was passed. * **[[18_usc_924c]]:** The federal statute that criminalizes using or carrying a firearm during and in relation to a crime of violence or drug trafficking crime. ===== See Also ===== * [[criminal_justice_reform]] * [[federal_sentencing_guidelines]] * [[clemency]] * [[parole]] * [[mandatory_minimum_sentences]] * [[proportionality_in_sentencing]] * [[bureau_of_prisons_(bop)]]