On December 21, 2018, President Trump signed into law the First Step Act (FSA) of 2018 (P.L. 115- 391). The act was the culmination of a bi-partisan effort to improve criminal justice outcomes, as well as to reduce the size of the federal prison population while also creating mechanisms to maintain public safety.
Incentives for Success
The Act amended 18 U.S.C. § 3624(b) so that federal inmates can earn up to 54 days of good time credit for every year of their imposed sentence rather than for every year of their sentenced served. For example, this change means that an offender sentenced to 10 years in prison and who earns the maximum good time credits each year will earn 540 days of credit.
Eligible inmates can earn time credits towards pre-release custody. Offenses that make inmates ineligible to earn time credits are generally categorized as violent, or involve terrorism, espionage, human trafficking, sex and sexual exploitation; additionally excluded offenses are a repeat felon in possession of firearm, or high-level drug offenses. For more details, refer to the complete list of
disqualifying offenses. These ineligible inmates can earn other benefits, as prescribed by BOP, for successfully completing recidivism reduction programming.
Sentencing Reforms
Changes to Mandatory Minimums for Certain Drug Offenders
The FSA makes changes to the penalties for some federal offenses. The FSA modifies mandatory minimum sentences for some drug traffickers with prior drug convictions by increasing the threshold for prior convictions that count toward triggering higher mandatory minimums for repeat offenders, reducing the 20-year mandatory minimum (applicable where the offender has one prior qualifying conviction) to a 15-year mandatory minimum, and reducing a life-in-prison mandatory minimum (applicable where the offender has two or more prior qualifying convictions) to a 25-year mandatory minimum.
Retroactivity of the Fair Sentencing Act
The FSA made the provisions of the Fair Sentencing Act of 2010 (P.L. 111-220) retroactive so that currently incarcerated offenders who received longer sentences for possession of crack cocaine than they would have received if sentenced for possession of the same amount of powder cocaine before the enactment of the Fair Sentencing Act can submit a petition in federal court to have their sentences reduced.
Expanding the Safety Valve
The FSA also expands the safety valve provision, which allows courts to sentence low-level, nonviolent drug offenders with minor criminal histories to less than the required mandatory minimum for an offense.
For sentencing reform examples please refer to the
guide published by the U.S. Sentencing Commission’s Office of Education and Sentencing Practice .
https://www.bop.gov/inmates/fsa/ove...t,BOP to house inmates in facilities... More