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Understanding the First Step Act: Delays, Solutions, and Advocacy for Inmate Release

Published on November 26, 2024 by InmateAid

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Introduction

The First Step Act (FSA), signed into law by President Donald J. Trump on December 21, 2018, marked a significant milestone in federal criminal justice reform. The Act was the culmination of years of bipartisan effort to address mass incarceration, overly punitive sentencing, and the need for better rehabilitation opportunities for federal inmates. By introducing new mechanisms for earned early release and recalibrating sentencing laws, the FSA aims to create a more equitable justice system while improving reentry outcomes for those leaving incarceration. However, despite its transformative intent, systemic delays and resource constraints have hampered its full implementation, leaving many inmates and their families frustrated and uncertain.

The Creation of the First Step Act

The First Step Act emerged as a rare example of bipartisan cooperation, driven by a shared understanding of the need for reform. Conservative lawmakers emphasized fiscal responsibility and reducing the burden on taxpayers from overcrowded prisons, while liberal advocates highlighted the importance of addressing unfair sentencing practices and providing second chances for nonviolent offenders. Key advocacy groups, including Families Against Mandatory Minimums (FAMM) and the Koch Brothers Foundation, played crucial roles in drafting the legislation and building momentum for its passage.

The Act passed the House of Representatives in May 2018 with overwhelming support and, after amendments and debate, was approved by the Senate in December 2018. President Trump signed it into law, touting the legislation as a historic achievement that balanced fairness, rehabilitation, and public safety. Among its key provisions are measures to reduce mandatory minimum sentences, apply the Fair Sentencing Act of 2010 retroactively to crack cocaine offenses, and allow inmates to earn early release credits through good behavior and participation in rehabilitative programs.

Key Provisions of the First Step Act

The FSA aims to reduce recidivism and promote successful reintegration by incentivizing inmates to participate in evidence-based programs. Central to the Act is the Prisoner Assessment Tool Targeting Estimated Risk and Needs (PATTERN), which evaluates inmates’ risk levels and assigns rehabilitative programming accordingly. Inmates who complete approved educational, vocational, or treatment programs can earn time credits, which may be applied toward early transfer to halfway houses, home confinement, or supervised release. The law also expanded compassionate release eligibility and addressed longstanding disparities in federal sentencing laws.

Causes of Delays in Release

Despite its promise, the FSA has faced significant implementation challenges. Inmates often experience delays in release due to:

  1. Administrative Backlogs: The Bureau of Prisons (BOP) has struggled to process the increased workload from recalculating good time credits and assessing earned time credits.
  2. Incomplete Risk Assessments: Inaccuracies in the PATTERN system, combined with delays in scoring inmates, have prevented many from advancing to earlier release options.
  3. Halfway House Shortages: A lack of community-based housing has limited the availability of placements, forcing inmates to remain incarcerated longer.
  4. Disputes Over Eligibility: Not all inmates qualify for earned time credits, leading to confusion and delays as eligibility determinations are contested.
  5. Lack of Advocacy and Awareness: Inmates without legal representation or supportive advocates often struggle to ensure their cases receive timely attention.

Advocacy and Action: Steps for Inmates and Families

Inmates and their families can take proactive steps to address delays and ensure timely application of FSA provisions:

  • Understand the Law: Families should become well-versed in the FSA’s provisions and confirm their loved one’s eligibility. Inmates should track their participation in approved programs and ensure their credits are accurately recorded.
  • Engage the BOP: Filing an Administrative Remedy Request can prompt the BOP to address errors in credit application or delays in processing.
  • Seek Legal Assistance: Legal counsel or organizations like FAMM can provide guidance and advocacy for inmates facing unjust delays.
  • Petition for Compassionate Release: Inmates with serious medical conditions or extenuating circumstances can collaborate with their case manager to seek early release through the sentencing court.
  • Advocate for Programming: Ensuring participation in evidence-based programming is key to earning time credits. Regular communication with the facility’s reentry coordinator can provide clarity on progress.
  • Leverage Public and Political Advocacy: Families can write to lawmakers, file complaints with the Department of Justice’s Office of the Inspector General, or raise awareness through media campaigns to pressure the BOP into resolving systemic issues.

FAQs About the First Step Act and Delayed Releases

1. What is the First Step Act, and when was it signed into law?
The First Step Act (FSA) is a federal criminal justice reform law signed into law by President Donald J. Trump on December 21, 2018. It aims to reduce recidivism, reform sentencing laws, and provide inmates with opportunities for early release through earned time credits and good behavior.

2. How do inmates earn time credits under the First Step Act?
Inmates can earn time credits by participating in approved rehabilitative programs, such as education, vocational training, and substance abuse treatment. For every 30 days of successful program participation, inmates may earn up to 15 days of credit toward early release or placement in a halfway house.

3. Why are some inmates experiencing delays in release under the First Step Act?
Delays occur due to administrative backlogs in the Bureau of Prisons (BOP), incomplete implementation of the risk assessment system, disputes over eligibility for credits, and shortages of halfway house placements.

4. What is the PATTERN tool, and how does it affect inmates under the FSA?
The Prisoner Assessment Tool Targeting Estimated Risk and Needs (PATTERN) evaluates an inmate’s risk level and identifies appropriate rehabilitative programs. Inaccuracies or delays in scoring inmates can postpone their eligibility for time credits and early release.

5. What can inmates or their families do if time credits are not being applied correctly?
Inmates can file an Administrative Remedy Request with the BOP to address errors. Families can advocate for their loved ones by contacting the inmate’s case manager or seeking legal assistance to ensure compliance with FSA provisions.

6. Are all inmates eligible for time credits under the First Step Act?
No, eligibility depends on factors such as the nature of the offense, the inmate’s risk classification, and their participation in approved programs. Certain offenses may exclude inmates from earning time credits.

7. How can families support inmates in earning early release?
Families can encourage inmates to participate in approved programs, ensure accurate tracking of time credits, and maintain regular communication with facility staff, such as reentry coordinators. They can also seek legal assistance if necessary.

8. What role does compassionate release play in the First Step Act?
The FSA expanded compassionate release eligibility, allowing inmates with severe medical conditions, advanced age, or extraordinary family circumstances to petition the sentencing court for early release.

9. What steps are being taken to address halfway house shortages?
Advocacy groups and lawmakers are working to increase funding and expand capacity for halfway houses. Families can support these efforts by raising awareness and contacting elected officials to advocate for increased resources.

Conclusion

The First Step Act represents a monumental shift toward fairness and rehabilitation in the federal criminal justice system. However, systemic delays, administrative inefficiencies, and resource shortages have prevented many eligible inmates from benefiting fully. By understanding the law and actively advocating for its proper implementation, inmates and their families can work to ensure timely release and better outcomes. With persistent advocacy and collaboration among lawmakers, criminal justice organizations, and the BOP, the vision of the First Step Act can become a reality for all those it was designed to serve.