Wide Array of Prisoners Excluded from Earning Time Credits.<\/strong><\/p>\nUnfortunately, the First Step Act excludes large categories of offenders from earning the \u201ctime credits\u201d that apply to pre-release custody or supervised release. The excluded offenses are:<\/p>\n
\u2018\u2018(i) Section 81, relating to arson within special maritime and territorial jurisdiction.<\/p>\n
\u2018\u2018(ii) Section 111(b), relating to assaulting, resisting, or impeding certain officers or employees using a deadly or dangerous weapon or inflicting bodily injury.<\/p>\n
\u2018(iii) Paragraph (1), (7), or (8) of section 113(a), relating to assault with intent to commit murder, assault resulting in substantial bodily injury to a spouse or intimate partner, a dating partner, or an individual who has not attained the age of 16 years, or assault of a spouse, intimate partner, or dating partner by strangling, suffocating, or attempting to strangle or suffocate.<\/p>\n
\u2018\u2018(iv) Section 115, relating to influencing, impeding, or retaliating against a Federal official by injuring a family member, except for a threat made in violation of that section.<\/p>\n
\u2018\u2018(v) Section 116, relating to female genital mutilation.<\/p>\n
\u2018\u2018(vi) Section 117, relating to domestic assault by a habitual offender.<\/p>\n
\u2018\u2018(vii) Any section of chapter 10, relating to biological weapons.<\/p>\n
\u2018\u2018(viii) Any section of chapter 11B, relating to chemical weapons.<\/p>\n
\u2018\u2018(ix) Section 351, relating to Congressional, Cabinet, and Supreme Court assassination, kidnapping, and assault.<\/p>\n
\u2018\u2018(x) Section 521, relating to criminal street gangs.<\/p>\n
\u2018\u2018(xi) Section 751, relating to prisoners in custody of an institution or officer.<\/p>\n
\u2018\u2018(xii) Section 793, relating to gathering, transmitting, or losing defense information.<\/p>\n
\u2018\u2018(xiii) Section 794, relating to gathering or delivering defense information to aid a foreign government.<\/p>\n
\u201c\u2018(xiv) Any section of chapter 39, relating to explosives and other dangerous articles, except for section 836 (relating to the transportation of fireworks into a State prohibiting sale or use).<\/p>\n
\u2018\u2018(xv) Section 842(p), relating to distribution of information relating to explosives, destructive devices, and weapons of mass destruction, but only if the conviction involved a weapon of mass destruction (as defined in section 2332a(c)).<\/p>\n
\u2018\u2018(xvi) Subsection (f)(3), (h), or (i) of section 844, relating to the use of fire or an explosive.<\/p>\n
\u2018\u2018(xvii) Section 924(c), relating to unlawful possession or use of a firearm during and in relation to any crime of violence or drug trafficking crime.<\/p>\n
\u2018\u2018(xviii) Section 1030(a)(1), relating to fraud and related activity in connection with computers.<\/p>\n
\u2018\u2018(xix) Any section of chapter 51, relating to homicide, except for section 1112 (relating to manslaughter), 1113 (relating to attempt to commit murder or manslaughter, but only if the conviction was for an attempt to commit manslaughter), 1115 (relating to misconduct or neglect of ship officers), or 1122 (relating to protection against the human immunodeficiency virus).<\/p>\n
\u2018\u2018(xx) Any section of chapter 55, relating to kidnapping.<\/p>\n
\u2018\u2018(xxi) Any offense under chapter 77 relating to peonage, slavery, and trafficking in persons, except for sections 1593 through 1596.<\/p>\n
\u2018\u2018(xxii) Section 1751, relating to Presidential and Presidential staff assassination, kidnapping, and assault.<\/p>\n
\u2018\u2018(xxiii) Section 1791, relating to providing or possessing contraband in prison.<\/p>\n
\u2018\u2018(xxiv) Section 1792, relating to mutiny and riots.<\/p>\n
\u2018\u2018(xxv) Section 1841(a)(2)(C), relating to intentionally killing or attempting to kill an unborn child.<\/p>\n
\u2018\u2018(xxvi) Section 1992, relating to terrorist attacks and other violence against railroad carriers and against mass transportation systems on land, on water, or through the air.<\/p>\n
\u2018\u2018(xxvii) Section 2113(e), relating to bank robbery resulting in death.<\/p>\n
\u2018\u2018(xxviii) Section 2118(c), relating to robberies and burglaries involving controlled substances resulting in assault, putting in jeopardy the life of any person by the use of a dangerous weapon or device, or death.<\/p>\n
\u2018\u2018(xxix) Paragraph (2) or (3) of section 2119, relating to taking a motor vehicle (commonly referred to as \u2018carjacking\u2019) that results in serious bodily injury or death.<\/p>\n
\u2018\u2018(xxx) Any section of chapter 105, relating to sabotage, except for section 2152.<\/p>\n
\u2018\u2018(xxxi) Any section of chapter 109A, relating to sexual abuse.<\/p>\n
\u2018\u2018(xxxii) Section 2250, relating to failure to register as a sex offender.<\/p>\n
\u2018\u2018(xxxiii) Section 2251, relating to the sexual exploitation of children.<\/p>\n
\u2018\u2018(xxxiv) Section 2251A, relating to the selling or buying of children.<\/p>\n
\u2018\u2018(xxxv) Section 2252, relating to certain activities relating to material involving the sexual exploitation of minors.<\/p>\n
\u2018\u2018(xxxvi) Section 2252A, relating to certain activities involving material constituting or containing child pornography.<\/p>\n
\u2018\u2018(xxxvii) Section 2260, relating to the production of sexually explicit depictions of a minor for importation into the United States.<\/p>\n
\u2018\u2018(xxxviii) Section 2283, relating to the transportation of explosive, biological, chemical, or radioactive or nuclear materials.<\/p>\n
\u2018\u2018(xxxix) Section 2284, relating to the transportation of terrorists.<\/p>\n
\u2018\u2018(xl) Section 2291, relating to the destruction of a vessel or maritime facility, but only if the conduct that led to the conviction involved a substantial risk of death or serious bodily injury.<\/p>\n
\u2018\u2018(xli) Any section of chapter 113B, relating to terrorism.<\/p>\n
\u2018\u2018(xlii) Section 2340A, relating to torture.<\/p>\n
\u2018\u2018(xliii) Section 2381, relating to treason.<\/p>\n
\u2018\u2018(xliv) Section 2442, relating to the recruitment or use of child soldiers.<\/p>\n
\u2018\u2018(xlv) An offense described in section 3559(c)(2)(F), for which the offender was sentenced to a term of imprisonment of more than 1 year, if the offender has a previous conviction, for which the offender served a term of imprisonment of more than 1 year, for a Federal or State offense, by whatever designation and wherever committed, consisting of murder (as described in section 1111), voluntary manslaughter (as described in section 1112), assault with. intent to commit murder (as described in section 113(a)), aggravated sexual abuse and sexual abuse (as described in sections 2241 and 2242), abusive sexual contact (as described in sections 2244(a)(1) and (a)(2)), kidnapping (as described in chapter 55), carjacking (as described in section 2119), arson (as described in section 844(f)(3), (h), or (i)), or terrorism (as described in chapter 113B).<\/p>\n
\u201c\u2018(xlvi) Section 57(b) of the Atomic Energy Act of 1954 (42 U.S.C. 2077(b)), relating to the engagement or participation in the development or production of special nuclear material.<\/p>\n
\u2018\u2018(xlvii) Section 92 of the Atomic Energy Act of 1954 (42 U.S.C. 2122), relating to prohibitions governing atomic weapons.<\/p>\n
\u2018\u2018(xlviii) Section 101 of the Atomic Energy Act of 1954 (42 U.S.C. 2131), relating to the atomic energy license requirement.<\/p>\n
\u2018\u2018(xlix) Section 224 or 225 of the Atomic Energy Act of 1954 (42 U.S.C. 2274, 2275), relating to the communication or receipt of restricted data.<\/p>\n
\u2018\u2018(l) Section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), relating to the sabotage of nuclear facilities or fuel.<\/p>\n
\u2018\u2018(li) Section 60123(b) of title 49, relating to damaging or destroying a pipeline facility, but only if the conduct which led to the conviction involved a substantial risk of death or serious bodily injury.<\/p>\n
\u2018\u2018(lii) Section 401(a) of the Controlled Substances Act (21 U.S.C. 841), relating to manufacturing or distributing a controlled substance in the case of a conviction for an offense described in subparagraph (A), (B), or (C) of subsection (b)(1) of that section for which death or serious bodily injury resulted from the use of such substance.<\/p>\n
\u2018\u2018(liii) Section 276(a) of the Immigration and Nationality Act (8 U.S.C. 1326), relating to the reentry of a removed alien, but only if the alien is described in paragraph (1) or (2) of subsection (b) of that section.<\/p>\n
\u2018\u2018(liv) Section 277 of the Immigration and Nationality Act (8 U.S.C. 1327), relating to aiding or assisting certain aliens to enter the United States.<\/p>\n
\u2018\u2018(lv) Section 278 of the Immigration and Nationality Act (8 U.S.C. 1328), relating to the importation of an alien into the United States for an immoral purpose.<\/p>\n
\u2018\u2018(lvi) Any section of the Export Administration Act of 1979 (50 U.S.C. 4611 et seq.)<\/p>\n
\u2018\u2018(lvii) Section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705).<\/p>\n
\u2018\u2018(lviii) Section 601 of the National Security Act of 1947 (50 U.S.C. 3121), relating to the protection of identities of certain United States undercover intelligence officers, agents, informants, and sources.<\/p>\n
\u2018\u2018(lix) Subparagraph (A)(i) or (B)(i) of section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) or paragraph (1)(A) or (2)(A) of section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)), relating to manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, dispense, or knowingly importing or exporting, a mixture or substance containing a detectable amount of heroin if the sentencing court finds that the offender was an organizer, leader, manager, or supervisor of others in the offense, as determined under the guidelines promulgated by the United States Sentencing Commission.<\/p>\n
\u2018\u2018(lx) Subparagraph (A)(vi) or (B)(vi) of section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) or paragraph (1)(F) or (2)(F) of section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)), relating to manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense, a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4- piperidinyl] propanamide, or any analogue thereof.<\/p>\n
\u201c\u2018(lxi) Subparagraph (A)(viii) or (B)(viii) of section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 11 841(b)(1)) or paragraph (1)(H) or (2)(H) of section 1010(b) the Controlled Substances Import and Export Act (21 U.S.C. 960(b)), relating to manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense, or knowingly importing or exporting, a mixture of substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers, if the sentencing court finds that the offender was an organizer, leader, manager, or supervisor of others in the offense, as determined under the guidelines promulgated by the United States Sentencing Commission.<\/p>\n
\u2018\u2018(lii) Subparagraph (A) or (B) of section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) or paragraph (1) or (2) of section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)), relating to manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense, a controlled substance, or knowingly importing or exporting a controlled substance, if the sentencing court finds that\u2014(I) the offense involved a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide, or any analogue thereof; and (II) the offender was an organizer, leader, manager, or supervisor of others in the offense, as determined under the guidelines promulgated by the United States Sentencing Commission.”<\/p>\n
E. Non-Citizens Ineligible for Applying Time Credits.<\/strong><\/p>\nThe First Step Act bars non-citizens who are subject to a final removal order from APPLYING time credits under the bill. That means time credits could be earned, but they cannot be used for early release to pre-release custody.<\/p>\n
F. Prisoners Reassessed at Least Every Year.<\/strong><\/p>\nThe new law requires BOP to individually reassess each inmate who is participating in the risk assessment programs or \u201cproductive activities\u201d at least every year. Prisoners who have less than 5 years until their release and are at a medium or high risk of recidivating assessment must receive more frequent evaluations.<\/p>\n
G. BOP to Establish Penalties for Loss of Incentives.<\/strong><\/p>\nUnsurprisingly, the First Step Act also requires BOP to establish policies and procedures for the reduction of rewards and incentives prisoners earn under the First Step Act. Importantly, any reduction that includes the loss of time credits requires written notice to the prisoner and cannot include the loss of any future time credit.<\/p>\n
H. Evidence-Based Recidivism Reduction Program Evaluations.<\/strong><\/p>\nRather than start from scratch, the First Step Act directs the Attorney General to evaluate the effectiveness of currently existing programs in the BOP and at state correctional facilities. The new law instructs the Attorney General to identify the most effective evidence-based programs and direct the BOP regarding the addition of new programs.<\/p>\n
I. 5 Years of Detailed Reporting to Congress on First Step Act.<\/strong><\/p>\nStarting two years after the First Step Act became law, the Attorney General is required to provide extensive detailed reporting to Congress on a number of subjects covered by the new law. The Attorney General is required to provide this report for a minimum of 5 consecutive years.<\/p>\n
The Attorney General\u2019s report must include, among other things: 1) a summary of the \u201cactivities and accomplishments\u201d in carrying out the First Step Act; 2) an assessment of the types and effectiveness of the evidence-based recidivism reduction programs operated by BOP; 3) rates of recidivism among former inmates after release from prison based on six separate criteria; 4) the status of prison work programs and availability at BOP facilities; and 5) an assessment of any savings associated with placing more prisoners in pre-release custody.<\/p>\n
J. Definitions of Terms Used.<\/strong><\/p>\n\u201cEvidence-based recidivism reduction program\u201d is defined generally as an activity that \u201chas been shown by empirical evidence \u2026 or is based on research indicating that it is likely to be effective in reducing recidivism,\u201d and is \u201cdesigned to help prisoners succeed in their communities upon release from prison.\u201d<\/p>\n
\u201cProductive Activity\u201d is defined as an activity that is designed to allow prisoners of minimum or low risk of recidivating to \u201cremain productive,\u201d and it may include \u201cthe delivery of\u201d the evidence-based recidivism reduction programs to other prisoners.<\/p>\n
Section 102. Implementation of System and BOP Recommendations.<\/strong><\/p>\nA. 180 Days to Implement Risk and Needs Assessment.<\/strong><\/p>\n180 days after the Attorney General develops the risk and needs assessment system, the BOP is required to implement the system for each prisoner by conducting an initial assessment. The First Step Act specifically provides that it does not matter how long a prisoner\u2019s sentence may be: everyone is going to be assessed.<\/p>\n
B. Two-Year Phase-In Period.<\/strong><\/p>\nAt the same time, the BOP must begin to assign prisoners to appropriate evidence-based recidivism reduction programs based on these assessments. The BOP is given a 2-year phase-in period to provide all inmates with access to the appropriate evidence-based programming.<\/p>\n
During the 2-year phase-in period inmates with the most immediate release dates will be given priority for participation in the programs that can earn \u201ctime credit\u201d towards pre-release custody.<\/p>\n
Within 2 years of the BOP completing the risk and needs assessment tool the BOP must provide access to the evidence-based programs for all prisoners.<\/p>\n
C. Preliminary Expansion of Existing BOP Programs.<\/strong><\/p>\nThe First Step Act gives the BOP authority to expand any existing evidence-based recidivism reduction programs immediately. The BOP is also permitted to offer prisoners the incentives and rewards such as \u201ctime credit,\u201d phone privileges, commissary benefits, etc. immediately.<\/p>\n
D. Rules for Outside Partnerships.<\/strong><\/p>\nThe Attorney General is directed to develop policies in order to expand the availability of evidence-based programs through partnerships with nonprofits, higher education institutions, and certain private entities.<\/p>\n
E. BOP Required to Provide Programs to All Prisoners.<\/strong><\/p>\nThe First Step Act establishes a clear requirement that the BOP provide all prisoners throughout their entire sentence with the opportunity to \u201cactively participate in evidence-based recidivism reduction programs,\u201d according to the specific needs of each prisoner.<\/p>\n
Priority for participation in these evidence-based programs will be given to medium and high risk prisoners. Only minimum risk and low risk prisoners will be allowed to participate in the \u201cproductive activities\u201d created by the First Step Act.<\/p>\n
F. Fixing the \u201c54 Day\u201d Problem with Good Conduct Time Credit.<\/strong><\/p>\nIn addition to allowing federal prisoners the opportunity to spend longer amounts of time in pre-release custody, the\u00a0First Step Act\u00a0criminal justice prison reform\u00a0fixes a longstanding problem with how federal good conduct time is calculated.<\/p>\n
The\u00a0First Step Act\u00a0requires the BOP to award 54 days of good conduct time for each year of the sentence that was imposed. Additionally, the law changes the way that prorated good conduct time is credited. Under the First Step Act, \u201ccredit for the last year of imprisonment shall be credited on the first day of the last year of the term of imprisonment.\u201d<\/p>\n
This provision of the law is RETROACTIVE. The effective date of the change, however, is in dispute. Advocates for the bill understood this provision to take effect immediately. The BOP, on the other hand, asserts that this will not go into effect until 210 days from December 21, 2018, which is July 19, 2019<\/p>\n
G. Pre-release Custody or Supervised Release Transfer for \u201cTime Credits.\u201d<\/strong><\/p>\nInmates who earn credits for participating in the First Step Act evidence-based recidivism risk reduction programs may be transferred to pre-release custody or supervised release. Transfer to supervised release cannot be for more than 12 months. There is no 12 month restriction on how long a prisoner can remain on home confinement or in a halfway house through the use of earned time credits.<\/p>\n
Inmates with enough credits and minimum-risk or low-risk assessment for the last two assessment periods are automatically eligible for transfer.<\/p>\n
Inmates who are otherwise qualified to use their time credits for a pre-release custody transfer but were not low-risk for the last 2 assessments can still obtain a transfer, but they must obtain approval of their petition for transfer by their warden, who must determine that: 1) the prisoner would not be a danger to society if transferred; 2) the prisoner made a good faith effort to lower their recidivism risk level; and 3) the prisoner is unlikely to recidivate.<\/p>\n
H. Pre-Release Terms.<\/strong><\/p>\nInmates sent to home confinement are subject to 24-hour electronic monitoring. This is consistent with existing federal law. The prisoners on home confinement can only leave their home with permission for certain allowed activities such as work or community service.<\/p>\n
Any prisoner placed on home confinement must remain on home confinement until they have served at least 85% of their imposed sentence. There are no changes to how a residential re-entry center (halfway house) placement for a prisoner would operate under the First Step Act.<\/p>\n
I. Supervised Release Transfer.<\/strong><\/p>\nThe BOP Director is authorized to transfer a prisoner to begin their term of supervised release at an earlier date based on the application of time credits. This use of the time credits earned under the First Step Act represents a significant change to current practice.<\/p>\n
J. BOP to Work with Probation and Pretrial Services.<\/strong><\/p>\nSince there are going to be many more prisoners serving their sentence on home confinement, the First Step Act directs BOP to work with Probation to allocate resources effectively. Probation is specifically required by Congress to offer assistance to any prisoner it can who is on pre-release custody.<\/p>\n
We anticipate a significant expansion in the number of Probation officers nationwide to accommodate the changes put in place by this new law. We also believe that existing programs such as the Federal Location Monitoring Program (FLMP) will be expanded through Probation\u2019s work with BOP.<\/p>\n
K. BOP Must Ensure Enough Pre-Release Space Is Available.<\/strong><\/p>\nCurrently there are hundreds if not thousands of BOP prisoners who are eligible for pre-release placement in a halfway house but are not able to take advantage of those placements. BOP routinely claims that there is simply not enough capacity in the halfway homes to accommodate everyone who is eligible to transfer to them.<\/p>\n
The First Step Act eliminates this problem. Under the new law, the Director of BOP is required to ensure there is sufficient prerelease custody capacity \u201cto accommodate all eligible prisoners.\u201d This alone would help many incarcerated prisoners transition into the community earlier than they would without the First Step Act.<\/p>\n
Section 103. GAO Report.<\/strong><\/p>\nThe Government Accountability Office is required to conduct an audit every two years of the BOP\u2019s use of the risk and needs assessment system created by the First Step Act. There are a number of required topics which the GAO must include in their bi-annual audit which are not discussed here.<\/p>\n
Section 104. Authorization of Appropriations.<\/strong><\/p>\nIn the past, Congress has often passed laws stating high ideals but with little money to back them up in the real world. That is not the case for the First Step Act. This bill authorizes $75 million dollars annually from 2019-2023<\/u><\/strong> to carry out the First Step Act.<\/p>\n Congress is clearly putting its money where its mouth is with this criminal justice reform Act. Also, 80% of these funds are to be used only to implement the risk and needs assessment system so BOP cannot use these dollars for their general budget.<\/p>\n
Section 105. Rule of Construction.<\/strong><\/p>\nNothing in the First Step Act can be read to create any authority to place a prisoner into pre-release custody who are not serving a sentence for a federal crime only.<\/p>\n
Section 106. Faith-Based Considerations.<\/strong><\/p>\nIn evaluating the use or implementation of any program under the First Step Act, the BOP cannot discriminate against any program on the ground that it is faith-based in any way.<\/p>\n
Section 107. Independent Review Committee.<\/strong><\/p>\nUnder the First Step Act, an Independent Review Committee is established to assist the Attorney General in developing the risk and needs assessment tool. The Committee is directed to conduct a review of existing tools used by BOP, develop recommendations regarding programming for prisoners, and conduct research on the effectiveness of programs used by BOP. The Committee will terminate two years after the risk and needs assessment system is released.<\/p>\n
[pdf-embedder url=”https:\/\/sentencing.net\/wp-content\/uploads\/2018\/12\/First-Step-Act-Of-2018-Enrolled-Bill.pdf”]<\/h2>\n","protected":false},"excerpt":{"rendered":" The First Step Act 2018 Bill Summary: On December 21, 2018, the President signed into law The First Step Act 2018, a bipartisan effort to reform the federal criminal justice system. The Law Office of Brandon Sample has assembled this detailed analysis of the First Step Act 2018 to help the public understand the ins…<\/p>\n","protected":false},"author":1,"featured_media":86914,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[343],"tags":[],"yoast_head":"\n
The First Step Act Summary | First step Act text pdf | Bill Status Update<\/title>\n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\t \n\t \n\t \n \n \n \n \n \n \n \n\t \n\t \n\t \n