The First Step Act
The First Step Act is a bipartisan piece of criminal justice legislation signed into law in 2018, aiming to reduce crime while giving… citizens a chance at redemption.” The First Step Act (FSA) requires the Attorney General (AG) to develop a system for the Bureau of Prisons to assess the recidivism risk and criminogenic needs of all federal prisoners. The system should also place prisoners in recidivism reduction programs and productive activities to address their needs and reduce this risk. The program aims to promote good behavior, educational training, and fair supervision of prisoners by correctional officers in order to obtain an early release from a prison sentence, and lower the recidivism rates of incarcerated individuals in the United States.
Originally drafted and proposed in early 2018, the First Step Act was created as “new age” legislation after the Second Chance Act of 2007. A bipartisan House coalition approved the bill, and it received substantial support from both parties.
Arguments in Favor of the First Step Act
One major change is the expansion of opportunities which facilitate transition back into society. Inmates are incentivized to participate in these programs because class attendance counts as good behavior and leads to a reduction in sentence length. Eligible inmates can earn 10 to 15 days of time credits for every 30 days of successful participation in Evidence Based Recidivism Reduction Programs and Productive Activities. Supporters argue this policy benefits society as a whole. Inmates receive vocational, educational, and mental training, so they are equipped to succeed. Employers have access to trained and skilled future employees.
The First Step Act is also praised for guaranteeing protection from cruel and unusual punishment from correctional staff. The FSA requires the Bureau of Prisons (BOP) to provide training to correctional officers and other BOP employees (including those who contract with BOP to house inmates) on how to de-escalate encounters between an officer or employee of BOP and a civilian or an inmate, and how to identify and appropriately respond to incidents that involve people with mental illness or other cognitive deficits. Supporters believe that this step will control the behavior of inmates while incarcerated, further promoting good time provisions and mental well-being of inmates before potential release. With increased reformed control within prisons, it is argued that rehabilitation of inmates would be an easier process.
Arguments Against the First Step Act
Some voters argue that the FSA was adopted under a misguided approach to reforming our federal justice system. Many who oppose the First Step Act argue that, despite good intentions, it is dangerous to release prisoners back into society without a full prison sentence, and rush rehabilitation. A community impacted by a specific prisoner may be upset to learn they will be released into society sooner than expected. This can cause panic and fear in affected victims, and create the feeling that justice was not served. While supporters argue that recidivism training classes should reduce community concerns and allow eligible inmates time credits, others argue that prisoners convicted of a crime must meet the mandatory minimum of a sentence before time credits can be obtained from recidivism classes or good outstanding character. These citizens argue meeting a mandatory minimum of a sentence would ensure the prisoner would face the consequences of their actions under law; therefore, the prisoner would not be eligible to receive time credits until the minimum sentence under law has been fulfilled—ensuring the safety of communities, and correct punishment has been enforced.
Moreover, some have raised concerns about how the First Step Act will affect minority communities. The bill faced backlash because it only applies to citizens—temporary or permanent residents who have not been naturalized are excluded. Many believe this two-tiered system indicates that immigrants do not deserve the same humane treatment within the criminal legal system. In addition, some risk assessment tools used to assess recidivism have been found to have a racial bias. For example, the risk assessment tools applied in sentencing decisions in Florida—meant to predict recidivism—were twice as likely to be wrong when evaluating Black people as White people. Under the FSA, risk assessment tools may bias by racial evaluations based on specific crime, location, and time credit handouts under the FSA’s reformed time credit policy.
The First Step Act TodayAs of March 2023, there still is no clear direction on the calculation of time credits or policy change, and the frustration has grown among prisoners and families who are anxiously waiting on a determination of when a federal prison term will end. The First Step Act has barely been enforced by the Bureau of Prisons, and the BOP director has changed guidelines around how time credits can be used and obtained for prisoners. Families, prisoners, and lawmakers have become increasingly upset with the lag in legislation implementation. When time credit guidelines are changed, it becomes challenging for both prisons and incarcerated individuals to calculate remaining sentences.
