Introduction
The FIRST STEP Act passed in 2018 was a critical step forward in the bipartisan movement for a fairer and more effective criminal justice system. It builds on the Second Chance Act signed into law by President George W. Bush in 2008, the actions of the Interagency Reentry Council under the administration of President Barack Obama, President Obama’s signing of the Fair Sentencing Act, and other criminal justice reforms passed at the federal and state levels over the last decade and a half. With a year of implementation completed, what has the impact of the FIRST STEP Act been, and what are the next steps we should take?
What is the First Step Act?
Signed into law by President Donald Trump on December 21, 2018, the bipartisan FIRST STEP Act decreased mandatory minimum sentences for low level drug offenses and retroactively applied the 2010 Fair Sentencing Act to reduce sentences for people subjected to the prior unjust 100 to 1 disparity between the amount of crack and the amount of powder cocaine triggering longer prison sentences. It also eased a federal “three-strikes rule” so that a third drug offense will no longer result in a life sentence and expanded the “drug safety-valve” to permit judges greater discretion to deviate from mandatory minimums to achieve more just sentences. It provided for improved rehabilitation programs in federal prisons, banned the inhumane shackling of pregnant women, and increased the amount of time people in prison can receive as “good-time credit” toward their sentences. According to the Brennan Center for Justice, “That ‘good time’ amendment will benefit as many 85 percent of federal prisoners.”
What Has the Impact of the First Step Act Been?
According to the Sentencing Project, a DC-based advocacy organization that promotes fairer sentencing and other criminal justice reforms at the federal and state levels, the law “has benefited over 2,000 people with sentence reductions that average nearly 6 years. African Americans comprise 91% of those receiving reductions.” 342 people have qualified for the elderly home confinement pilot, and 107 people have received compassionate release. “Expansion of good-time credits implemented in July led to the release of approximately 3,000 in federal prisons.”
What is the Next Step?
At the time of its signing, advocates applauded the important federal action to begin reforming the criminal justice system and called for additional reforms. According to the non-partisan Legal Action Center that advocates for improved public safety and health policies, “Although we are pleased that this legislation will help a portion of the population incarcerated in federal prison, we are concerned with the ways in which it will leave too many people behind.” Legal Action Center has called on policymakers to undertake additional reforms to improve policing, reduce mass incarceration, support people returning to their communities after incarceration, and address the substance use disorder prevention and treatment needs of people in the criminal justice system.
The Brennan Center for Justice has reported that the “FIRST STEP Act’s overwhelming passage demonstrates that the bipartisan movement to reduce mass incarceration remains strong.” Policymakers should prioritize reducing onerous barriers that make it more difficult for people to succeed after involvement with the criminal justice system. Often referred to as collateral consequences, these 45,000 laws are actually the very real consequences of a criminal conviction, in effect creating lifetime sentences for people who have already paid their debt to society. They restrict access to the very things we know contribute to successful reintegration after criminal justice involvement: employment, education, housing, financial security through public benefits, and involvement with one’s family and community.
Recent passage of the Federal Fair Chance Act to reduce barriers to federal employment for people with criminal records is another step in the right direction. Congress should also require improvements in and guidelines for the scope of what kind of criminal records can be used for employment decisions, and eliminate any unnecessary employment restrictions in federal law. Congress should restore Pell Grant eligibility for people in prison to allow them to pursue an education, eliminate policies that limit access to federal student aid for people with drug conviction histories, and require post-secondary institutions that receive federal funds to implement fair admissions policies. The drug felony ban on cash and nutrition assistance should be repealed, and barriers to federally-assisted and public housing should be eliminated.
We also need to put more resources into evidence-based programs for improving reentry and addressing the mental health and addiction healthcare needs that, left unaddressed, often contribute to a person’s criminal justice involvement. As Kara Gotsch of the Sentencing Project writes, the “FIRST STEP Act’s authorization of $75 million per year – approximately $400 per prisoner – falls far short of what is necessary to address the rehabilitative needs of people in prison.”
Conclusion
The United State Sentencing Commission has reported that nearly half of people convicted of federal crimes “were rearrested within eight years for either a new crime or for some other violation of the condition of their probation or release conditions.” Recidivism rates for people convicted of state crimes are similarly high. If we want to end the cycle of recidivism and support the families and communities that have been impacted by our historically flawed justice system, supporting successful reentry and eliminating barriers is the key.
