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January 6, 2019

Two helpful reviews of the FIRST STEP Act and what it does (and does not do)

I have seen two recent reviews of the politics, policy, practicalities and potential of the FIRST STEP Act.  Here are links to the two helpful pieces, with a small excerpt from each:

From the Brennan Center, "How the FIRST STEP Act Became Law — and What Happens Next"

The FIRST STEP Act changes the conversation on mass incarceration

The FIRST STEP Act is a critical win in the fight to reduce mass incarceration. While the bill is hardly a panacea, it’s the largest step the federal government has taken to reduce the number of people in federal custody. (The federal government remains the nation’s leading incarcerator, and more people are under the custody of the federal Bureau of Prisons than any single state system.)

The FIRST STEP Act’s overwhelming passage demonstrates that the bipartisan movement to reduce mass incarceration remains strong. And the bill, which retains major parts of SRCA’s sentencing reform provisions, is now known as “Trump’s criminal justice bill.” This means that conservatives seeking to curry favor with the president can openly follow his example or push for even bolder reforms. Finally, this dynamic creates a unique opening for Democrats vying for the White House in 2020 to offer even better solutions to end mass incarceration.

From FAMM, "Frequently Asked Questions on the First Step Act, S. 756"

Q20: What does the First Step Act do to improve compassionate release?

A: The First Step Act makes a number of important reforms to how the BOP handles compassionate release requests.  The Act requires increased notification to prisoners on the availability of compassionate release and their eligibility for it.  It will also require the BOP to expedite the application review process for terminally ill prisoners and make sure that families are notified of a person’s terminal illness and given a chance to visit that person quickly.

Most significantly, the First Step Act gives federal prisoners the ability to petition directly to the sentencing court for compassionate release in the event that the BOP has waited more than 30 days to respond to a petition or the federal prisoner has been denied compassionate release after exhausting all administrative remedies at the BOP.

January 6, 2019 at 11:45 PM | Permalink

Comments

The list of offenses that exclude people from earning the 15 days per month of time credits is very disheartening. Hopefully in future acts they will reduce this list and offer it to more offenders.

Posted by: Chris W | Jan 8, 2019 12:44:20 PM

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