The First Step Act: An Overview

The First Step Act is a significant piece of criminal justice reform legislation passed in the United States in 2018. It aims to improve criminal justice outcomes, reduce the size of the federal prison population, and create mechanisms to maintain public safety.

Background

For decades, the U.S. federal prison population grew rapidly, driven in part by mandatory minimum sentencing laws and limited opportunities for early release. Advocates and lawmakers sought reforms to address overcrowding, high costs, and racial disparities in sentencing.

Main Provisions of the First Step Act

What is the First Step Act in simple terms?

In simple terms, the First Step Act is a law that reforms the federal prison system and sentencing laws. It allows certain inmates to earn more time off their sentences for good behavior and participation in rehabilitation programs, reduces some mandatory minimum sentences, and provides more opportunities for early release to halfway houses or home confinement.

Sentencing Reforms

The Act reduces mandatory minimum sentences for some nonviolent drug offenses and retroactively applies the Fair Sentencing Act of 2010, which reduced the sentencing disparity between crack and powder cocaine offenses.

Prison Reforms

The law expands rehabilitation programs and incentives for inmates to participate in them. It also improves prison conditions, such as banning the shackling of pregnant women and placing prisoners closer to their families when possible.

Eligibility and Limitations

What disqualifies from the First Step Act?

Not all federal inmates are eligible for the benefits of the First Step Act. Those convicted of certain violent crimes, sex offenses, terrorism-related offenses, and other serious crimes are excluded from earning time credits or early release under the Act. The law specifically lists disqualifying offenses to ensure that only nonviolent and lower-risk offenders benefit from its provisions.

Impact and Outcomes

Has the First Step Act been successful?

Since its passage, the First Step Act has led to the release of thousands of federal prisoners, many of whom were serving lengthy sentences for nonviolent drug offenses. Supporters argue that the law has helped reduce the federal prison population and provided second chances to deserving individuals. However, some critics say that implementation has been uneven and that more reforms are needed to address systemic issues in the criminal justice system.

Did the First Step Act help black people?

The First Step Act has had a notable impact on Black Americans, who have historically been disproportionately affected by harsh sentencing laws. By retroactively applying the Fair Sentencing Act and reducing mandatory minimums, the law has contributed to the early release of many Black inmates and addressed some racial disparities in federal sentencing.

Conclusion

The First Step Act represents a major step forward in federal criminal justice reform, but many advocates believe further changes are needed to create a more equitable and effective system.