Understanding the Benefits, Requirements, and Restrictions of the First Step Act in the Federal Criminal Justice System

The First Step Act, signed into law in 2018, represents a major shift in federal criminal justice reform, designed to reduce prison sentences for non-violent offenders, promote rehabilitation, and ease reentry into society. If you or a loved one is facing federal charges or is already serving a federal sentence, the First Step Act offers significant opportunities to potentially reduce time served and improve reentry outcomes.

At Frank Walker Law, we are committed to helping clients in the Western District of Pennsylvania understand and leverage the First Step Act to their benefit. As an experienced federal criminal defense attorney, Frank Walker can help guide you through the complexities of the First Step Act, advocating for your rights at every stage. Here’s what you need to know about the Act’s benefits, requirements, and restrictions.

What is the First Step Act?

The First Step Act is a federal law aimed at reforming certain aspects of the criminal justice system, primarily by focusing on:

- Reducing recidivism through education and vocational training programs
- Allowing inmates to earn time credits for early release or community-based reentry programs
- Reforms in sentencing laws that include changes to mandatory minimum sentences
- Expanding compassionate release and improving prison conditions

The Act’s goal is to provide fairer sentencing practices, reduce the federal prison population, and offer inmates more opportunities for rehabilitation. It emphasizes that inmates who actively participate in rehabilitative programs can work towards earning time credits for potential early release.

Key Benefits of the First Step Act

1. Earned Time Credits for Early Release: One of the Act’s most impactful reforms is the earned time credit system. Inmates who participate in educational, vocational, or evidence-based recidivism reduction programs can earn time credits. These credits can potentially lead to earlier placement in halfway houses, home confinement, or even early release.

2. Increased Access to Compassionate Release: The First Step Act broadened eligibility for compassionate release, particularly for inmates who are elderly, terminally ill, or facing other serious medical conditions. The Act empowers inmates and their attorneys to petition for compassionate release directly to federal courts, rather than relying solely on the Bureau of Prisons (BOP).

3. Retroactive Application of the Fair Sentencing Act of 2010: The First Step Act made the Fair Sentencing Act retroactive. This change means that individuals sentenced for certain crack cocaine offenses before 2010 can seek reduced sentences, offering relief to thousands of non-violent drug offenders who previously faced disproportionately lengthy sentences.

4. Reduction in Mandatory Minimum Sentences for Some Drug Offenses: The Act adjusted mandatory minimums for certain non-violent drug offenses, including reducing "three strikes" penalties from life imprisonment to 25 years. These changes apply primarily to future cases but reflect a shift towards fairer sentencing.

5. Expanded Opportunities for Rehabilitation: The Act prioritizes rehabilitation by increasing access to job training, education, and mental health treatment. The goal is to better prepare inmates for reentry into society, helping to reduce the likelihood of reoffending.

Frank Walker understands the value of these reforms and is dedicated to helping his clients make the most of the First Step Act’s provisions.

Eligibility Requirements for the First Step Act

While the First Step Act offers substantial benefits, there are specific eligibility criteria and restrictions:

1. Risk and Needs Assessment: The Act requires the BOP to use a risk and needs assessment system to determine eligibility for time credits. This system evaluates an inmate’s likelihood of reoffending and assesses their specific needs for rehabilitation. Only those classified as minimum or low risk are eligible for certain benefits, such as time credits.

2. Participation in Recidivism Reduction Programs: To earn time credits, inmates must actively participate in BOP-approved programs aimed at reducing recidivism. These can include educational courses, vocational training, substance abuse treatment, and other evidence-based programs designed to foster rehabilitation.

3. Non-Violent Offenses: Generally, the First Step Act’s early release provisions focus on non-violent offenders. Individuals convicted of certain violent or serious offenses may not be eligible for earned time credits but may still benefit from other aspects of the Act, such as expanded compassionate release.

4. Good Behavior and Compliance: Inmates must demonstrate good behavior and compliance with prison rules to maintain eligibility for the Act’s benefits. Violations of prison rules or non-participation in required programs may lead to a loss of time credits or other privileges.

5. Sentencing Retroactivity for Certain Drug Offenses: For inmates seeking sentence reductions based on the Fair Sentencing Act’s retroactivity provision, eligibility is limited to those convicted of qualifying crack cocaine offenses prior to 2010.

Attorney Frank Walker can help evaluate your case to determine if you or your loved one may be eligible for benefits under the First Step Act and guide you through the application process to maximize your chances of early release.

Restrictions and Limitations of the First Step Act

While the First Step Act is a landmark reform, there are restrictions and limitations to be aware of:

1. Exclusions for Certain Offenses: Some offenses disqualify inmates from eligibility for earned time credits. Violent offenders, certain sex offenders, and those convicted of serious violent crimes may not be eligible for early release under the Act. Attorney Frank Walker can review your case to determine if these exclusions apply.

2. Discretion of the Bureau of Prisons: The BOP has significant discretion in how the First Step Act is applied, including which programs count toward earned time credits and how time credits are calculated. Frank Walker will work to ensure that your rights are protected, and that you receive full credit for eligible participation.

3. Limitations on Time Credits: Time credits are capped, and inmates cannot accumulate unlimited credits. While the time credits can be applied to allow for earlier placement in a halfway house or on home confinement, they do not guarantee an immediate reduction in prison time. The exact calculation of credits varies based on an inmate’s individual circumstances.

4. Risk Level Considerations: High-risk offenders may not be eligible for certain benefits under the Act, as the BOP prioritizes low-risk inmates for early release. However, it is possible to work towards a lower risk classification through compliance with prison rules and participation in rehabilitative programs.

5. Variability in Program Availability: Not all federal facilities offer the same programs, and access to qualifying programs can vary depending on the specific prison. This can impact an inmate’s ability to earn credits if they are housed in a facility with limited resources.

How Frank Walker Law Can Help You Benefit from the First Step Act

1. Determining Eligibility: Frank Walker will review your case and the specifics of your charges to determine if you or your loved one is eligible for benefits under the First Step Act. Whether you’re seeking sentence reductions, time credits, or compassionate release, Frank Walker can help guide you through the eligibility criteria.

2. Navigating the Risk and Needs Assessment: Understanding the risk and needs assessment system is essential to accessing the benefits of the First Step Act. Frank Walker can help ensure your classification is accurate and work with you to develop a plan for successful program participation.

3. Maximizing Access to Programs and Credits: Participation in BOP-approved programs is key to earning time credits and other benefits under the Act. Frank Walker can advocate for your placement in eligible programs, ensuring you have every opportunity to earn credits and reduce your sentence.

4. Filing Petitions for Sentence Reductions or Compassionate Release: If you qualify for a sentence reduction or compassionate release, Frank Walker can file the necessary petitions on your behalf. With his experience in federal criminal defense, Attorney Walker knows how to present compelling arguments to support your case for relief.

5. Protecting Your Rights and Ensuring Compliance: Attorney Frank Walker will work tirelessly to ensure that your rights are respected, that you receive full credit for program participation, and that the BOP applies the First Step Act’s provisions fairly in your case.

Contact Frank Walker Law to Learn More About the First Step Act and Your Case

The First Step Act offers a valuable opportunity for federal inmates to reduce their sentences, receive substance abuse and educational programming, and prepare for a successful reentry into society. However, understanding and accessing these benefits can be challenging without knowledgeable legal guidance. Attorney Frank Walker has years of experience in federal criminal defense and is dedicated to helping clients leverage every opportunity for sentence reduction and rehabilitation.

If you or a loved one is facing federal charges or serving time in the Western District of Pennsylvania, contact Frank Walker Law today to schedule a consultation. We’ll discuss your case, evaluate eligibility for the First Step Act, and create a plan to pursue the best possible outcome. Let Frank Walker Law guide you through this complex process and advocate for your future.