The First Step Act of 2018, Section by Section, in Plain English

The First Step Act of 2018 became law on December 21, 2018, when the President signed it (Pub. L. 115-391). It changed how federal prisoners earn time off, who can ask a judge for compassionate release, and how some drug and gun sentences are set. Some of those changes help people already in prison; others apply only to people sentenced after the law passed.

Brandon Sample, who now practices with Criminal Center, wrote this analysis in 2018 to help the public understand the law. It walks through the Act section by section, in plain English. For quicker answers, see our First Step Act FAQ.

Update (October 2026): This summary was first written when the law passed in December 2018. A lot has happened since. The main changes are:

• Time credits are in use. The Bureau of Prisons (BOP) issued its final rule on earned time credits in January 2022 (BOP final rule). The credit rules are in 18 U.S.C. § 3632(d)(4).
• Safety valve. In Pulsifer v. United States, 601 U.S. 124 (2024), the Supreme Court held that you lose safety-valve eligibility if you have any one of the three criminal-history problems listed in the statute (opinion).
• Gun "stacking." In Hewitt v. United States, No. 23-1002 (June 26, 2025), the Court held that the 2018 fix to § 924(c) stacking applies when an old sentence is thrown out and the person is resentenced after December 21, 2018 (opinion).
• Crack cocaine resentencing. Terry v. United States, 593 U.S. 486 (2021), limited § 404 relief to crack offenses that carried a mandatory minimum. Concepcion v. United States, 597 U.S. 481 (2022), held that judges may consider later changes in law and facts at a § 404 resentencing.
• Compassionate release rules. The Sentencing Commission rewrote its compassionate release policy statement, USSG § 1B1.13, effective November 1, 2023 (amendments).
• Limits on compassionate release. On May 28, 2026, the Supreme Court held that a sentencing gap created by a change in law that Congress did not make retroactive (such as the § 924(c) fix) cannot be an "extraordinary and compelling reason" for release (Rutherford v. United States, No. 24-820, opinion). The same day, it held that a claim that your conviction is invalid belongs in a § 2255 motion, not a compassionate release motion (Fernandez v. United States, No. 24-556, opinion).

Notes marked "2026 note" below flag where the original 2018 summary is now out of date.

To be clear about our position: the First Step Act is far from perfect, and thousands of people in prison cannot use many of its reforms. But the law is, as its name says, a first step.

The Act has six parts, called titles. We break it down using that same order, but we start at the end (Title VI) and work back to Title I. If you would like to print a copy of the original 2018 analysis for a loved one in prison, you can use this link: Brandon Sample's 2018 First Step Act Analysis (PDF). The printable version has not been updated with the 2026 notes on this page.

Title VI: Miscellaneous Criminal Justice

Section 601. Placing prisoners close to family.

Before 2018, the BOP had almost unlimited power to decide where you would serve your sentence. People sentenced in Miami, Florida were often sent to serve long sentences as far away as California.

The First Step Act works to reduce the family separation that prison causes. Section 601 changed 18 U.S.C. § 3621(b). The BOP must now "place the prisoner in a facility as close as practicable to the prisoner's primary residence," and where it can, within 500 driving miles of home.

People already in BOP prisons also get a chance to say whether they want to stay where they are or move to a prison closer to home. This is true even if they are already within 500 driving miles of home.

There are big exceptions to the "no more than 500 miles from home" rule. The BOP still considers bed space, your "security designation," medical and mental health needs, programs, faith-based requests, the judge's recommendation, and "other security concerns."

"Security designation" is just another way of saying what security level of prison you belong in (minimum, low, medium, or high), based on factors the BOP scores (more on that below).

Any of these reasons can still let the BOP place you more than 500 driving miles from home. We expect the BOP to rely on the "other security concerns" catch-all in most cases when it denies requests to move closer to home.

One glaring weakness: the law says the BOP "shall" place people as close to home as practicable, but it also says no court can review where the BOP sends you. We believe this is a significant problem. Your only way to challenge a placement is the BOP's own grievance process, called the administrative remedy program.

At rock bottom, though, this section will let thousands of families be within traveling distance of their loved ones in prison. On this point, the Act is a good first change in the right direction.

Section 602. Home confinement for low-risk prisoners.

This part of the Act makes clear that Congress wants low-risk prisoners to spend as much time as possible on home confinement. It tells the BOP to place lower-risk prisoners on home confinement at the end of their sentence "for the maximum amount of time" the law allows.

Under 18 U.S.C. § 3624(c)(2), you can serve the last 10% of your sentence or 6 months, whichever is shorter, on home confinement. So Section 602 tells the BOP to make sure, "to the extent practicable," that lower-risk prisoners spend up to that full time at home.

That 10%-or-6-months cap does not limit the extra prerelease custody you earn through First Step Act time credits (see Title I below). (First Step Act text, PDF)

2026 note: During COVID, the CARES Act let the BOP send more people home early. That emergency period is over. A DOJ rule from April 2023 lets people already placed on CARES Act home confinement stay there if they follow the rules (BOP notice). See our home confinement page for more.

Section 603. Elderly home detention and compassionate release.

Section 603 did two things. It revived and expanded a program that lets some older and terminally ill prisoners finish their sentence at home. And it made big changes to how compassionate release requests are handled.

A. The old elderly home detention pilot

The Second Chance Act of 2007 created a pilot program for elderly prisoners (34 U.S.C. § 60541(g)). It ran only at a handful of BOP prisons, and only in 2009 and 2010. To qualify, you had to:

1. be at least 65 years old;
2. be serving a sentence other than life, for an offense that did not include a crime of violence (as defined in 18 U.S.C. § 16), a sex offense (as defined in 34 U.S.C. § 20911(5)), a terrorism offense listed in 18 U.S.C. § 2332b(g)(5)(B), or an offense under chapter 37 of title 18 (espionage), and have served the greater of 10 years or 75% of your sentence;
3. have no past federal or state conviction for a crime of violence, sex offense, or other offense listed in item 2;
4. not have been found by the BOP, in its sole discretion and based on the information it uses for custody classification, to have a history of violence or of conduct that was a sex offense or other offense listed in item 2;
5. have never escaped or tried to escape from a BOP institution;
6. be someone whose release to home detention the BOP finds will result in a substantial net cost savings to the federal government; and
7. be found by the BOP to pose no substantial risk of committing crimes or endangering anyone if released to home detention.

(First Step Act text, PDF)

B. What the First Step Act changed

The Act (sections 504 and 603) reauthorized the program for fiscal years 2019 through 2023 and opened up who can qualify:

1. The program is now available at all BOP facilities.
2. The minimum age dropped from 65 to 60.
3. You need to have served only 2/3 of your sentence (about 66.6%).

Importantly, Section 504(b)(1)(B) of the Act did away with the old rule that you had to serve the greater of 10 years or 75% of your sentence.

The Act also lets "eligible terminally ill offenders" be placed on home confinement for the rest of their sentence. You qualify if you:

1. are serving a sentence for an offense that does not include a crime of violence (18 U.S.C. § 16(a)), a sex offense (34 U.S.C. § 20911(5)), a terrorism offense listed in 18 U.S.C. § 2332b(g)(5)(B), or an offense under chapter 37 of title 18;
2. meet the same requirements as items 3 through 7 in the list above (no past violent or sex offense convictions, no BOP finding of a violent history, no escapes, cost savings, and no substantial risk); and
3. have been found by a BOP-approved medical doctor to either (a) need care at a nursing home, intermediate care facility, or assisted living facility, as defined in 12 U.S.C. § 1715w, or (b) have a terminal illness.

(First Step Act text, PDF)

2026 note: The Act funded this program only through fiscal year 2023. Check with the BOP or a lawyer about its current status before relying on it.

C. Prisoners can now file for compassionate release

Compassionate release is a court order that cuts your prison sentence short, usually because of serious illness, old age, or another strong reason. The law is at 18 U.S.C. § 3582(c)(1)(A).

Before 2018, compassionate release was hard to understand and even harder to get. Only the BOP could file a motion with your sentencing judge, and only in limited situations.

The two biggest problems were these:

1. only the BOP could bring a compassionate release motion; and
2. if the BOP did not want to file a motion, even if you met its own criteria, there was nothing you could do to get a judge to look at your request.

As a result, many people who clearly qualified never got a sentence reduction. Here is how the First Step Act changed that.

1) You can file your own motion

In a massive change, the Act now lets either the prisoner or the BOP file the compassionate release motion with the sentencing court. You no longer have to accept a BOP denial as the last word.

First, you must ask the warden of your prison in writing. Then you can go to court when either of these happens first:

• 30 days pass after the warden receives your request, or
• you finish all of the BOP's appeals after a denial.

Keep a copy of the request and a record of the date the warden received it. The court will want to see that you met this step (18 U.S.C. § 3582(c)(1)(A)).

The First Step Act did not change the legal standard. The judge must find either:

• "extraordinary and compelling reasons" for a reduction; or
• you are at least 70, have served at least 30 years under a three-strikes sentence (18 U.S.C. § 3559(c)), and the BOP Director has found you are not a danger to anyone or the community under 18 U.S.C. § 3142(g).

The reduction must also fit the Sentencing Commission's "applicable policy statements." That means USSG § 1B1.13, a part of the Sentencing Guidelines. In 2018 we expected the Commission to amend § 1B1.13 to give judges clearer guidance on what counts as "extraordinary and compelling reasons." (First Step Act text, PDF)

2026 note: The Commission did update § 1B1.13, effective November 1, 2023. The new version lists specific reasons, including medical conditions, age, family circumstances, abuse in custody, and (in § 1B1.13(b)(6)) some "unusually long" sentences. But in May 2026 the Supreme Court held in Rutherford that a gap created by a non-retroactive change in law cannot be an extraordinary and compelling reason. In Fernandez, it held that a claim that your conviction is invalid must go in a § 2255 motion instead. Read more on our 18 U.S.C. § 3582 page.

2) Family must be told about a terminal illness

The Act added several notice rules at 18 U.S.C. § 3582(d). A "terminal illness" means "a disease or condition with an end-of-life trajectory."

Within 72 hours of a terminal diagnosis, the BOP must tell your lawyer, partner, and family about your condition. This is a massive change. Before, families were usually left in the dark.

As part of this 72-hour notice, the BOP must also tell them they can prepare and submit a compassionate release request for you. That means your lawyer or family can send the required first request to the warden. A very sick person does not have to write it alone. (First Step Act text, PDF)

3) In-person visit within 7 days

Within 7 days of the diagnosis, the BOP must give your partner and family (including extended family) a chance to visit you in person. This rule has no "security concerns" or "to the extent practicable" exception written into it.

4) BOP staff must help with the request

If you, your lawyer, partner, or family ask, BOP staff must help with the "preparation, drafting, and submission of" the compassionate release request.

5) The BOP must process the request within 14 days

For a terminally ill prisoner, the BOP must process a request within 14 days of receiving it from you, your lawyer, or your family. This matters because the BOP usually does not have to act on any schedule set by Congress.

If the BOP takes the full 14 days, only 16 more days remain before you can go to court. Remember, you can file your own motion with the court 30 days after the warden receives the request.

6) The BOP must post information

Every BOP prison must post notice of how to ask for compassionate release, the timelines, and your right to appeal. This information must also be given on request and placed in handbooks and law libraries. The BOP cannot use a lack of information to stonewall prisoners.

7) Yearly report to Congress

The BOP must report to Congress every year on compassionate release requests, grants, and denials, and on how the process is working in practice.

Important note: Criminal Center helps federal prisoners across the United States with compassionate release requests. For more on asking a federal court for compassionate release, see compassionaterelease.com.

Section 604. Help getting ID before release.

One of the most overlooked parts of the Act has a plain title: "Identification for Returning Citizens." Anyone who has worked with people coming home from prison knows that not having a driver's license, Social Security card, or birth certificate is a huge obstacle to getting a job or a place to live.

Section 604 requires the BOP to help you get these documents before you leave prison or the halfway house (18 U.S.C. § 4042(a)).

Section 605. Prison jobs (UNICOR).

This section changed how Federal Prison Industries, also called UNICOR, may operate and who it can sell products to. It also requires that at least 15% of a worker's UNICOR pay be set aside in a release fund. The money is used "to assist the inmate with costs associated with release from prison." (First Step Act text, PDF)

Section 606. De-escalation training.

Within 1 year after the Act became law, the BOP had to add de-escalation training for its staff. The idea is to teach officers to calm down tense encounters with prisoners and to respond properly to incidents involving people with mental illness.

Section 607. Treatment for opioid and heroin addiction.

Within 90 days, the BOP had to report to Congress on the evidence-based treatment it offers for opioid and heroin addiction. Importantly, the Act includes several provisions that favor medication-assisted treatment for these addictions.

In the past, the BOP often refused or declined to offer medication-assisted treatment, even though a large body of evidence shows it is among the most successful approaches. Methadone and similar medications have been shown to greatly reduce long-term opioid abuse in ways most other programs do not.

A similar report on treatment for people on supervised release was due within 120 days. Both reports had to describe plans to expand access to these programs, which is a good thing. (First Step Act text, PDF)

Section 608. Pilot programs.

The BOP had to run two 5-year pilot programs in at least 20 prisons and report on them to Congress. One is a mentorship program that pairs young prisoners (21 or younger at the time of the offense) with volunteers from community organizations. The other teaches prisoners to train and care for animals seized by law enforcement or otherwise rescued. (First Step Act text, PDF)

Section 609. Supervision of released sexually dangerous persons.

This is a small technical change. Probation and pretrial officers now also supervise, and report to the court on, people released from civil commitment under 18 U.S.C. § 4248. It does not change existing law much.

Section 610. Data collection.

One of the biggest barriers to real sentencing and justice reform is a lack of good information about how the BOP runs and who is in its prisons. The Act adds many new facts the BOP must report each year to the National Prisoner Statistics Program.

There are 26 new types of information, so we will not list them all. Here are the highlights:

• number of veterans in prison
• number of prisoners placed in solitary confinement each year
• number of pregnant prisoners, and certain information about births
• number of prisoners who volunteered for substance abuse programs
• number who receive medication-assisted treatment for substance abuse
• number of prisoners who are a parent or guardian of a minor child
• number who are single, married, or otherwise in committed relationships
• number without a GED or high school diploma before prison
• number who earned a GED each year
• vacancy rate for BOP medical and health care staff
• for each BOP prison, the total number of rule violations that cost people rewards, incentives, or time credits, the number of each type of violation, and a demographic breakdown of the people who received them

Section 611. Free pads and tampons.

The BOP must give women prisoners tampons and sanitary napkins for free, instead of making them buy these from the commissary.

Section 612. Adult and juvenile collaboration programs.

This section requires the Attorney General to put more of its funding toward helping state and local programs. The Attorney General must use at least 8% of the funds for state-level programs for offenders with mental illness, including technical help to foster collaboration.

Section 613. Juvenile solitary confinement.

This section limits solitary confinement for juveniles in federal custody (18 U.S.C. § 5043).

Title V: Second Chance Act Reauthorization

Title V mostly funds Second Chance Act reentry programs run by states and local groups. Its few legal changes (such as the elderly home detention changes) are covered elsewhere on this page.

Title IV: Sentencing Reform

Section 401. Shorter mandatory minimums for prior drug and violent felonies.

This section made very significant changes to drug sentencing laws and to mandatory minimums for repeat offenders. It applies to anyone not yet sentenced on December 21, 2018. It is not retroactive, so it does not help people who were already sentenced. That is a problem. In 2018 we hoped future laws would make these changes retroactive to give people already in prison the justice they deserve.

The government uses a filing under 21 U.S.C. § 851 to seek these higher penalties. Before 2018, almost any prior "felony drug offense" counted. Now only two kinds of priors count (21 U.S.C. § 802(57)-(58)):

• "Serious drug felony": a "serious drug offense" listed in 18 U.S.C. § 924(e)(2), where you actually served more than 12 months, and you were released within 15 years of starting the new offense.
• "Serious violent felony": an offense listed in 18 U.S.C. § 3559(c)(2) (a list of specific crimes, with an elements clause and a residual clause), or one that would be a felony assault under 18 U.S.C. § 113, where you actually served more than 12 months.

Before we move on, two changes in these definitions are very important. First, the time you actually served is what counts. Under the old law, any prior drug felony counted if it could have been punished by more than a year. Second, the drug definition has a time limit. Drug priors where you were released more than 15 years before the new offense can no longer be used to impose much higher mandatory minimums.

The new penalties under 21 U.S.C. § 841(b)(1)(A) (and the matching import law, § 960(b)(1)):

• One qualifying prior: minimum dropped from 20 years to 15 years.
• Two or more qualifying priors: mandatory life dropped to a 25-year minimum.

The same new definitions also apply to the lower-tier enhancement under § 841(b)(1)(B).

These two changes end the so-called "three strikes" drug rule that forced mandatory life sentences on thousands of people over the last 30 years. There is no longer a mandatory minimum life sentence for these crimes. Instead, the floor is 25 years. People with only one qualifying prior face 15 years instead of 20.

There is a downside. The higher penalties under § 851 are no longer limited to drug priors. Going forward, they also apply to prior "serious violent felonies" as defined in 21 U.S.C. § 802(58). And because there is no 15-year time limit for violent felonies, very old "violent" priors can now raise mandatory minimums in federal drug cases when they could not before. (First Step Act text, PDF)

Section 402. A wider safety valve.

The "safety valve" in 18 U.S.C. § 3553(f) lets a judge sentence below a drug mandatory minimum if you meet five conditions, including telling the government what you know about the offense. It is meant for certain non-violent drug offenders with little criminal history. That sounds great on paper, but in reality it has applied to very few people and only a small set of crimes.

The biggest problem was that the safety valve was only open to people with no more than 1 criminal history point under the Sentencing Guidelines. The Act addressed that. Now you qualify only if you do not have:

1. more than 4 criminal history points (not counting 1-point offenses, such as sentences under 60 days, fines only, probation, or some deferred sentences);
2. a prior 3-point offense (generally a sentence over 1 year and 1 month); or
3. a prior 2-point violent offense (generally a sentence of at least 60 days for a crime of violence).

These changes let judges use the safety valve for many people who were shut out before because they had more than 1 point. How points are counted is set by the Sentencing Guidelines and is beyond this summary.

The Act also extended the safety valve to certain maritime drug cases (46 U.S.C. §§ 70503 and 70506). It applies only to convictions entered on or after December 21, 2018. It cannot help people already serving their time.

2026 note: In Pulsifer (2024), the Supreme Court held that having any one of these three items disqualifies you. You do not need all three to be shut out.

Section 403. No more § 924(c) "stacking."

Section 924(c) adds prison time for using or carrying a gun during a drug or violent crime. A "second or subsequent" violation used to mean 25 more years, stacked on top. The Act cleared up a long-standing question about when that higher penalty applies.

Prosecutors used to charge several § 924(c) counts in one case and treat the second count as "subsequent," even when the person had no prior § 924(c) conviction. That could mean decades in prison for a first-time offender.

The Act fixed this. The 25-year penalty now applies only if a prior § 924(c) conviction was already final before the new offense (18 U.S.C. § 924(c)(1)(C)). The fix applies to people not yet sentenced on December 21, 2018. It is not retroactive. The original 2018 article noted that this leaves more than 700 people already serving these unjust stacked sentences without relief.

2026 note: Under Hewitt (2025), the fix does apply if your old sentence is vacated (thrown out) and you are resentenced after December 21, 2018. But under Rutherford (2026), the gap between old stacked sentences and today's law cannot be the basis for compassionate release. See our § 924(c) page.

Section 404. Crack cocaine changes made retroactive.

In 2010, under President Obama, Congress passed the Fair Sentencing Act. It reduced the gap between crack and powder cocaine penalties (from 100-to-1 to 18-to-1). The old gap fell overwhelmingly on people of color. Unfortunately, the 2010 law at first applied only to new cases.

The First Step Act made the change retroactive, bringing justice to many people who have been in prison a long time. Section 404 lets people sentenced for a "covered offense" ask the judge for a reduced sentence, as if the 2010 law had been in effect when the offense was committed. A covered offense is a crime committed before August 3, 2010, whose statutory penalties were changed by sections 2 or 3 of the Fair Sentencing Act (First Step Act § 404(a)).

The motion can be filed by you, the BOP, the prosecutor, or the court. The judge does not have to reduce your sentence. You cannot use § 404 if your sentence was already set or reduced under the 2010 law, or if an earlier § 404 motion was denied after a full review on the merits. In practice, you generally get one chance.

The original 2018 article reported a Congressional Budget Office estimate that nearly 3,000 people could be affected by this change.

2026 note: In Terry (2021), the Supreme Court held that only crack offenses that triggered a mandatory minimum (§ 841(b)(1)(A) or (B)) are covered. In Concepcion (2022), it held that judges may consider later changes in law and facts when deciding a § 404 motion. Learn more on our Fair Sentencing Act page.

Important note: Criminal Center can help with a motion for retroactive application of the Fair Sentencing Act. Relief under § 404 is discretionary, meaning the judge decides whether to lower the sentence at all, so a strong, well-supported motion matters. Before filing, gather the judgment, the docket number, and the presentence report (PSR, the probation office's report prepared for sentencing) if it is available, along with records of the person's conduct and programs in prison.

Section 405. Reinvesting savings.

This section says any money saved under the Act should be reinvested in BOP recidivism-reduction programs. There are no teeth to this rule, so it cannot be enforced.

Title III: Restraints on Pregnant Prisoners

Section 301. Limits on restraining pregnant and postpartum prisoners.

The BOP may not restrain prisoners during pregnancy and postpartum recovery, except in limited situations. Even when restraints are allowed, the BOP must use the "least restrictive" kind.

The BOP must also report on restraint use during and after pregnancy, train staff on it, and write guidelines with health care officials.

Title II: BOP Secure Firearms Storage

The BOP must give staff a secure place outside the prison's secure perimeter to store their guns. The BOP must also let staff store guns in a vehicle lockbox approved by the BOP Director.

Title I: Recidivism Reduction

"Recidivism" means committing a new crime after release. Title I is the part of the law that created time credits.

Section 101. Risk and needs assessment system.

Within 210 days after the Act became law, the Attorney General had to create a "risk and needs assessment system." As we covered in our May 11, 2018 post on this site, this system rates each prisoner's risk of committing a new crime and helps BOP staff decide which programs you should take. It is also used to guide housing decisions. The Act lets the BOP use existing tools where appropriate.

DOJ released this system, called PATTERN, on July 19, 2019 (DOJ announcement).

A. Rewards for taking programs

The Act offers real rewards for taking part in recidivism reduction programs. If you are successfully taking an evidence-based recidivism reduction program, you shall receive:

• phone privileges, or video conferencing if available, of up to 30 minutes a day and up to 510 minutes a month; and
• extra visiting time, as set by the warden.

You may also be considered for transfer to a prison closer to your release residence, subject to bed space, your security level, and the warden's recommendation.

The BOP must also offer other rewards, which may include:

• higher commissary spending limits and more products;
• more access to the email system;
• consideration for transfer to preferred housing units (including transfer to a different prison); and
• other incentives that prisoners suggest and the BOP Director approves.

The phone and visiting rewards are the ones the law says you "shall receive." The others are largely up to the BOP.

B. Time credits toward halfway house or home confinement

Under 18 U.S.C. § 3632(d)(4), eligible prisoners earn time credits for successfully taking programs or "productive activities." Credits increase the time you spend in prerelease custody. Prerelease custody is usually a halfway house or home confinement. Either way, you sleep outside a BOP prison.

Many people cannot earn time credits (see the list below). Here is how credits work:

• 10 days of credit for every 30 days of participation; and
• 5 more days per 30 days if you are rated minimum or low risk and your risk has not gone up over two assessments in a row.

You cannot earn credits for programs finished before December 21, 2018, or while held before your sentence began.

Credits move you into prerelease custody earlier, or start your supervised release earlier.

C. Up to one year off the prison term toward supervised release

Supervised release is the period of supervision that follows prison. The Act says the BOP Director "may transfer the prisoner to begin any such term of supervised release at an earlier date, not to exceed 12 months, based on the application of time credits." In other words, up to one year of your credits can be used to start supervised release early (18 U.S.C. § 3624(g)(3)).

D. Many offenses are excluded

Unfortunately, the Act bars large groups of people from earning time credits because of their offense of conviction. The list is in 18 U.S.C. § 3632(d)(4)(D). Because the list is long and specific, always check the statute against your exact statute of conviction.

Correction (October 2026): The original 2018 article copied this list from an earlier version of the bill and showed 62 items. The enacted law has 68. The list below follows the enacted statute. Unless noted, section numbers are in title 18 of the U.S. Code.

You cannot earn time credits if you are serving a sentence for:

• (i) § 32: destroying aircraft or aircraft facilities.
• (ii) § 33: destroying motor vehicles or motor vehicle facilities.
• (iii) § 36: drive-by shootings.
• (iv) § 81: arson within special maritime and territorial jurisdiction.
• (v) § 111(b): assaulting, resisting, or impeding certain officers or employees with a deadly or dangerous weapon or causing bodily injury.
• (vi) § 113(a)(1), (7), or (8): assault with intent to commit murder; assault causing substantial bodily injury to a spouse, intimate partner, dating partner, or a person under 16; or assaulting a spouse, intimate partner, or dating partner by strangling or suffocating, or trying to.
• (vii) § 115: influencing, impeding, or retaliating against a federal official by injuring a family member, except for a threat.
• (viii) § 116: female genital mutilation.
• (ix) § 117: domestic assault by a habitual offender.
• (x) any section of chapter 10: biological weapons.
• (xi) any section of chapter 11B: chemical weapons.
• (xii) § 351: assassination, kidnapping, or assault of members of Congress, the Cabinet, or the Supreme Court.
• (xiii) § 521: criminal street gangs.
• (xiv) § 751: escape of prisoners in custody of an institution or officer.
• (xv) § 793: gathering, transmitting, or losing defense information.
• (xvi) § 794: gathering or delivering defense information to aid a foreign government.
• (xvii) any section of chapter 39: explosives and other dangerous articles, except § 836 (transporting fireworks into a state that bans their sale or use).
• (xviii) § 842(p): distributing information about explosives, destructive devices, and weapons of mass destruction, but only if the conviction involved a weapon of mass destruction (as defined in § 2332a(c)).
• (xix) § 844(f)(3), (h), or (i): use of fire or an explosive.
• (xx) § 871: threats against the President and successors.
• (xxi) § 879: threats against former Presidents and certain other people.
• (xxii) § 924(c): using or possessing a firearm during and in relation to a crime of violence or drug trafficking crime.
• (xxiii) § 1030(a)(1): computer fraud involving national defense or restricted information.
• (xxiv) § 1091: genocide.
• (xxv) any section of chapter 51: homicide, except § 1112 (manslaughter), § 1113 (attempted murder or manslaughter, but only if the conviction was for attempted manslaughter), § 1115 (misconduct or neglect of ship officers), or § 1122 (protection against HIV).
• (xxvi) any section of chapter 55: kidnapping.
• (xxvii) any offense under chapter 77: peonage, slavery, and trafficking in persons, except §§ 1593 through 1596.
• (xxviii) § 1751: assassination, kidnapping, or assault of the President or presidential staff.
• (xxix) § 1791: providing or possessing contraband in prison.
• (xxx) § 1792: mutiny and riots.
• (xxxi) § 1841(a)(2)(C): intentionally killing or trying to kill an unborn child.
• (xxxii) § 1992: terrorist attacks and other violence against railroad carriers and mass transportation systems on land, on water, or through the air.
• (xxxiii) § 2113(e): bank robbery resulting in death.
• (xxxiv) § 2118(c): robberies and burglaries involving controlled substances that result in assault, put a life in danger with a dangerous weapon or device, or cause death.
• (xxxv) § 2119(2) or (3): carjacking that results in serious bodily injury or death.
• (xxxvi) any section of chapter 105: sabotage, except § 2152.
• (xxxvii) any section of chapter 109A: sexual abuse.
• (xxxviii) § 2250: failure to register as a sex offender.
• (xxxix) § 2251: sexual exploitation of children.
• (xl) § 2251A: selling or buying children.
• (xli) § 2252: certain activities involving material showing the sexual exploitation of minors.
• (xlii) § 2252A: certain activities involving child pornography.
• (xliii) § 2260: producing sexually explicit depictions of a minor for importation into the United States.
• (xliv) § 2283: transporting explosive, biological, chemical, radioactive, or nuclear materials.
• (xlv) § 2284: transporting terrorists.
• (xlvi) § 2291: destroying a vessel or maritime facility, but only if the conduct involved a substantial risk of death or serious bodily injury.
• (xlvii) any section of chapter 113B: terrorism.
• (xlviii) § 2340A: torture.
• (xlix) § 2381: treason.
• (l) § 2442: recruiting or using child soldiers.
• (li) an offense described in § 3559(c)(2)(F) (a "serious violent felony"), if you were sentenced to more than 1 year for it and you have a previous federal or state conviction, for which you served more than 1 year, for murder (§ 1111), voluntary manslaughter (§ 1112), assault with intent to commit murder (§ 113(a)), aggravated sexual abuse or sexual abuse (§§ 2241 and 2242), abusive sexual contact (§ 2244(a)(1) and (a)(2)), kidnapping (chapter 55), carjacking (§ 2119), arson (§ 844(f)(3), (h), or (i)), or terrorism (chapter 113B).
• (lii) Atomic Energy Act § 57(b) (42 U.S.C. § 2077(b)): taking part in developing or producing special nuclear material.
• (liii) Atomic Energy Act § 92 (42 U.S.C. § 2122): prohibitions on atomic weapons.
• (liv) Atomic Energy Act § 101 (42 U.S.C. § 2131): atomic energy license requirement.
• (lv) Atomic Energy Act §§ 224 or 225 (42 U.S.C. §§ 2274, 2275): communicating or receiving restricted data.
• (lvi) Atomic Energy Act § 236 (42 U.S.C. § 2284): sabotage of nuclear facilities or fuel.
• (lvii) 49 U.S.C. § 60123(b): damaging or destroying a pipeline facility, but only if the conduct involved a substantial risk of death or serious bodily injury.
• (lviii) 21 U.S.C. § 841: making or distributing a controlled substance, for a conviction under § 841(b)(1)(A), (B), or (C) where death or serious bodily injury resulted from use of the drug.
• (lix) 8 U.S.C. § 1326: reentry of a removed noncitizen, but only if the person is described in § 1326(b)(1) or (2) (prior removal after certain criminal convictions).
• (lx) 8 U.S.C. § 1327: aiding or assisting certain noncitizens to enter the United States.
• (lxi) 8 U.S.C. § 1328: importing a noncitizen for an immoral purpose.
• (lxii) any section of the Export Administration Act of 1979 (50 U.S.C. § 4611 and following).
• (lxiii) International Emergency Economic Powers Act § 206 (50 U.S.C. § 1705).
• (lxiv) National Security Act of 1947 § 601 (50 U.S.C. § 3121): revealing the identities of certain undercover U.S. intelligence officers, agents, informants, and sources.
• (lxv) 21 U.S.C. § 841(b)(1)(A)(i) or (B)(i), or 21 U.S.C. § 960(b)(1)(A) or (2)(A): making, distributing, dispensing, possessing with intent to distribute, or importing or exporting heroin, if the judge found you were an organizer, leader, manager, or supervisor of others in the offense under the Sentencing Guidelines.
• (lxvi) 21 U.S.C. § 841(b)(1)(A)(vi) or (B)(vi), or 21 U.S.C. § 960(b)(1)(F) or (2)(F): making, distributing, dispensing, or possessing with intent to distribute fentanyl (N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide) or any analogue of it.
• (lxvii) 21 U.S.C. § 841(b)(1)(A)(viii) or (B)(viii), or 21 U.S.C. § 960(b)(1)(H) or (2)(H): making, distributing, dispensing, possessing with intent to distribute, or importing or exporting methamphetamine, if the judge found you were an organizer, leader, manager, or supervisor of others in the offense.
• (lxviii) 21 U.S.C. § 841(b)(1)(A) or (B), or 21 U.S.C. § 960(b)(1) or (2): any controlled substance offense, if the judge found that (I) the offense involved fentanyl or a fentanyl analogue and (II) you were an organizer, leader, manager, or supervisor of others in the offense.

E. Final removal orders

The Act bars noncitizens who are subject to a final order of removal (deportation) from applying time credits. You can earn credits, but you cannot use them to get out early to prerelease custody.

F. Reassessment at least once a year

If you take part in programs or productive activities, the BOP must reassess your risk at least once a year. If you are medium or high risk and have less than 5 years left, you get reassessed more often.

G. Losing credits

The BOP sets rules for taking away rewards and incentives when you break rules. If you lose time credits, you must get written notice. You can lose only credits already earned, never future credits, and there must be a way to earn lost credits back.

H. Reviewing programs

Rather than start from scratch, the Attorney General must review how well existing BOP and state prison programs work. The Attorney General must find the most effective evidence-based programs and tell the BOP which new programs to add.

I. Reports to Congress

Starting two years after the law passed, the Attorney General must give Congress detailed reports every year for at least 5 years in a row. Each report must include, among other things:

1. a summary of the "activities and accomplishments" in carrying out the Act;
2. a review of the types and effectiveness of the BOP's evidence-based recidivism reduction programs;
3. recidivism rates of people released from prison, measured six different ways;
4. the status of prison work programs and how available they are at BOP prisons; and
5. any savings from placing more people in prerelease custody.

J. Key terms

An "evidence-based recidivism reduction program" is generally an activity that "has been shown by empirical evidence ... or is based on research indicating that it is likely to be effective in reducing recidivism," and is "designed to help prisoners succeed in their communities upon release from prison."

A "productive activity" is one designed to let minimum- and low-risk prisoners "remain productive." It can include helping deliver recidivism reduction programs to other prisoners.

Section 102. Putting the system in place.

A. Initial assessments

Within 180 days after the Attorney General released the system, the BOP had to give every prisoner an initial assessment. The Act says it does not matter how long your sentence is. Everyone is assessed.

B. Two-year phase-in

At the same time, the BOP had to start assigning people to programs based on their assessments. The BOP then had two years to give everyone access to the right evidence-based programs. During the phase-in, people with the nearest release dates got priority for programs that earn time credits. That phase-in period has ended.

C. Early expansion

The Act let the BOP expand existing evidence-based programs right away, and offer rewards such as time credits, phone time, and commissary benefits right away.

D. Outside partners

The Attorney General must write policies to expand programs through partnerships with nonprofits, colleges and universities, and some private groups.

E. Programs for everyone

The BOP must give all prisoners, throughout their whole sentence, the chance to "actively participate in evidence-based recidivism reduction programs" that fit their needs. Medium- and high-risk prisoners get priority for programs. Only minimum- and low-risk prisoners may take part in the "productive activities" the Act created.

F. The "54 days" good time fix

Besides letting people spend more time in prerelease custody, the Act fixed a long-standing problem with how federal good conduct time was calculated. Good conduct time is time off for good behavior. Before 2018, the BOP counted only the time you actually served, so you got fewer than 54 days for each year of your sentence.

The Act requires up to 54 days for each year of the sentence the judge imposed (18 U.S.C. § 3624(b)). It also changed how partial-year credit works: "credit for the last year of imprisonment shall be credited on the first day of the last year of the term of imprisonment." This change is retroactive. It applies to people already in prison.

In 2018 the effective date was disputed. Supporters of the bill understood the fix to take effect right away. The BOP said it would not take effect until 210 days after December 21, 2018, which was July 19, 2019.

2026 note: The BOP's reading is the one that was applied. By the Act's terms, the fix took effect when the risk and needs system was released, on July 19, 2019. DOJ said about 3,100 people were released around that date, largely because of the recalculation (DOJ announcement).

G. Using credits to leave prison early

People who earn credits through programs may be moved to prerelease custody or supervised release once their earned credits equal the time left on their sentence. Your risk assessments must also show that your risk went down, or stayed minimum or low, during your sentence.

• Prerelease custody (halfway house or home confinement): if you have enough credits and were rated minimum or low risk in your last two assessments, you are eligible for transfer. If you otherwise qualify but were not low risk in your last two assessments, you can still be transferred if the warden approves your petition. The warden must find that (1) you would not be a danger to society, (2) you made a good-faith effort to lower your risk, and (3) you are unlikely to reoffend.
• Supervised release: your last assessment must be minimum or low risk. Credits can move this up by no more than 12 months.

There is no 12-month cap on how long you may spend in a halfway house or home confinement through time credits.

H. Rules for home confinement

On home confinement, you are usually on 24-hour electronic monitoring, which matches existing federal law. With BOP approval, you may leave only for listed reasons, such as work or job-seeking, programs, community service, medical treatment, religious services, or certain family events like a funeral.

You generally stay on home confinement until you have served at least 85% of your sentence. The Act made no changes to how halfway house (residential reentry center) placements work.

I. Early start to supervised release

The BOP Director may start your supervised release early by applying your credits. This use of credits was a significant change from past practice.

J. Working with Probation

Because many more people will serve part of their sentence on home confinement, the Act tells the BOP to work with U.S. Probation and Pretrial Services to use resources well. Congress specifically requires Probation to help, where it can, any prisoner in prerelease custody.

In 2018 we expected a big increase in the number of probation officers nationwide to handle these changes. We also expected existing programs such as the Federal Location Monitoring Program (FLMP) to grow through Probation's work with the BOP.

K. Enough halfway house and home confinement space

In 2018, hundreds if not thousands of BOP prisoners were eligible for a halfway house but could not get a bed. The BOP routinely said there was not enough halfway house space for everyone who qualified.

The Act was meant to end this problem. It requires the BOP Director to ensure there is enough prerelease custody space "to accommodate all eligible prisoners." That alone could help many people move back into the community sooner.

Section 103. GAO audits.

The Government Accountability Office must audit the BOP's use of the risk and needs system every two years. The law lists a number of topics each audit must cover, which we do not discuss here.

Section 104. Funding.

In the past, Congress often passed laws with high ideals but little money behind them. That is not the case here. Congress authorized $75 million a year for fiscal years 2019 through 2023 to carry out Title I. Congress put its money where its mouth is.

Of that money, 80% was reserved for putting the risk and needs system in place, so the BOP cannot use it for its general budget.

Section 105. State prisoners not covered.

Nothing in the Act lets anyone place a state prisoner in prerelease custody or supervised release. The Act covers people serving federal sentences only.

Section 106. Faith-based programs.

When it reviews or uses any program under the Act, the BOP may not discriminate against a program because it is faith-based in any way.

Section 107. Independent Review Committee.

The Act set up an Independent Review Committee to help the Attorney General build the risk and needs system. The committee reviewed existing BOP tools, made recommendations about programs, and researched how well BOP programs work. The committee ends two years after the risk and needs system was released.

Read the full text of the First Step Act (PDF)

Facing a federal sentence? Book a consultation to talk it through with Brandon Sample.