The First Step Act: Guide to Federal Sentencing Reform, Earned Time Credits, and Your Rights

Understanding the First Step Act

The First Step Act is one of the most significant criminal justice reforms in recent U.S. history. Officially known as the First Step Act of 2018, this federal law aims to reduce recidivism, improve prison conditions, and provide federal inmates with meaningful rehabilitation and early release opportunities. If you or a loved one is facing federal criminal charges or serving time in federal prison, understanding how the First Step Act affects you is crucial.

At Elizabeth Franklin-Best P.C., we help clients navigate the complex federal legal system, including maximizing the benefits of the First Step Act. Schedule a one-hour initial consultation to discuss your case with our team.

What Is the First Step Act of 2018?

The First Step Act of 2018 is landmark federal legislation that brought sweeping reforms to the U.S. criminal justice system. Enacted with broad bipartisan support, the Act aims to reduce recidivism, enhance public safety, and improve conditions for individuals incarcerated in federal prisons. It represents a significant shift away from a strictly punitive approach, focusing instead on rehabilitation, fairer sentencing, and successful reintegration into society.

Key objectives of the First Step Act include:

• Developing a Risk and Needs Assessment System: The Act requires the Department of Justice to create and implement tools that evaluate each federal inmate’s likelihood of reoffending and identify their specific rehabilitation needs.
• Introducing Earned Time Credits: Eligible inmates can earn credits toward early release by participating in evidence-based recidivism reduction programs and productive activities, incentivizing positive behavior and personal growth.
• Reforming Sentencing Laws: The Act reduces specific mandatory minimum sentences, expands judicial discretion—especially for nonviolent drug offenses—and allows for retroactive sentence reductions in particular cases.
• Improving Prison Conditions: New standards ensure more humane treatment for vulnerable populations, such as pregnant women and juveniles, and mandate access to essential resources like hygiene products.
• Increasing Transparency and Oversight: The Act requires regular reporting from the Federal Bureau of Prisons and the Department of Justice and independent audits to ensure accountability and measure progress.

The First Step Act marks a pivotal moment in federal sentencing policy by prioritizing rehabilitation and second chances.

Read the full text of the Act at Congress.gov: Public Law 115-391 for more details.

The Historical Context: Why Was Reform Needed?

The Roots of Federal Mass Incarceration

From the late 20th century through the early 21st century, the United States experienced an unprecedented surge in incarceration rates. By the early 2000s, the U.S. had the highest incarceration rate in the world, with the federal prison population increasing by over 700% since the 1970s. This explosive growth was fueled by a series of “tough-on-crime” policies, including mandatory minimum sentences and the War on Drugs, which imposed lengthy prison terms even for nonviolent offenses, particularly drug-related crimes.

The consequences of these policies were far-reaching:

• Overcrowded Prisons: Federal facilities became severely overcrowded, straining resources and creating challenging living conditions for inmates and staff alike.
• Harsh Sentencing Laws: Mandatory minimums often meant that judges had little discretion, resulting in disproportionately long sentences for low-level or first-time offenders.
• Limited Early Release Opportunities: Federal inmates, regardless of their rehabilitation or conduct, faced few avenues for early release or sentence reduction.
• High Recidivism Rates: Many individuals released from prison found themselves back behind bars within a few years, demonstrating that incarceration alone was not effectively reducing crime or promoting rehabilitation.
• Disproportionate Impact: Communities of color and low-income populations were hit hardest, deepening cycles of poverty and family disruption.

The Human and Social Costs

As the prison population ballooned, the effects rippled far beyond prison walls. Families were separated, communities were destabilized, and billions of taxpayer dollars were funneled into maintaining the federal prison system. Harsh sentencing laws often stripped judges of discretion, leading to lengthy incarcerations even for nonviolent or first-time offenders. Opportunities for rehabilitation and early release were scarce, and recidivism rates remained stubbornly high, indicating that the system was doing little to break the cycle of reoffending.

Calls for Reform Across the Spectrum

By the early 2000s, a bipartisan consensus emerged that the status quo was unsustainable. Researchers, advocacy groups, and policymakers from both sides of the aisle recognized that evidence-based rehabilitation, education, and reentry support could be far more effective at reducing crime than blanket punitive measures. The opioid crisis, rising corrections costs, and high-profile cases of sentencing injustice further fueled the push for change. The stage was set for a new approach prioritizing public safety, fairness, and second chances.

The Push for Bipartisan Reform

Several factors converged to build momentum for change:

• The Opioid Crisis: The rise in opioid addiction highlighted the need for treatment and rehabilitation over punishment.
• High-Profile Sentencing Injustices: Media coverage of disproportionately harsh sentences for nonviolent offenses brought public attention to flaws in the system.
• Rising Costs: The ballooning expense of the federal prison system prompted concerns about fiscal responsibility.
• Research and Advocacy: Bipartisan think tanks, criminal justice reform organizations, and faith groups presented compelling evidence for alternatives to incarceration.

By the 2010s, both major political parties recognized the urgent need for reform. Lawmakers, advocacy groups, and community leaders joined forces to promote a new approach emphasizing rehabilitation, fairness, and public safety. This rare bipartisan consensus set the stage for the First Step Act and a new federal criminal justice reform era.

How the First Step Act Became Law: A Bipartisan Effort

Building a Coalition for Change

The First Step Act’s path to becoming law was a testament to the power of coalition-building and compromise. Reform advocates had worked for years to address the excesses of federal sentencing and prison policy, but previous efforts had stalled amid political divisions. By the late 2010s, however, a unique alignment of interests brought together civil rights groups, law enforcement leaders, faith-based organizations, and lawmakers from both parties. Their shared goal: to create a more just and effective federal justice system.

Drafting and Negotiation

The legislative process began in earnest in 2017, with the introduction of an early version of the First Step Act in Congress. Initial drafts focused on expanding programming and incentives for rehabilitation, but did not include sentencing reforms. This became a sticking point—many lawmakers and advocates argued that meaningful change required addressing the harsh sentencing laws that fueled mass incarceration in the first place.

The bill evolved through months of negotiation. Key senators and representatives worked across the aisle to balance calls for reform with concerns about public safety. The final version included both prison reform and targeted sentencing changes, such as reducing certain mandatory minimums and expanding “safety valve” relief for nonviolent drug offenders.

Overcoming Opposition and Securing Support

Despite broad support, the bill faced opposition from lawmakers who believed the reforms went too far or not far enough. Some argued that reducing sentences would jeopardize public safety, while others felt the bill should include even more sweeping changes. The White House’s backing proved decisive: President Donald Trump, influenced by advisors and advocates, threw his support behind the bill, helping to rally additional votes.

Passage and Beyond

In December 2018, the First Step Act passed the Senate by a wide bipartisan margin and was quickly approved by the House of Representatives. President Trump signed the bill into law on December 21, 2018. The Act’s passage marked a generation’s most significant federal criminal justice reform, demonstrating that sustained advocacy and bipartisan cooperation could overcome even entrenched political divides.

Continuing the Push for Reform

The First Step Act was widely recognized as a starting point, not a final destination. Since its enactment, lawmakers and advocates have introduced further proposals, such as the First Step Implementation Act and the EQUAL Act, to build on its reforms and address remaining gaps. Ongoing oversight, reporting requirements, and public scrutiny ensure that the law’s implementation continues to evolve, to create a fairer, safer, and more effective federal justice system.

Key Provisions and Titles of the First Step Act

The First Step Act of 2018 is structured into several major titles, each targeting a specific federal criminal justice reform area. Together, these provisions aim to reduce recidivism, create fairer sentencing practices, improve prison conditions, and enhance opportunities for successful reentry into society. Below is an overview of each title and its core components:

Title I: Recidivism Reduction

• Development of Assessment Tools: Directs the Attorney General to establish a risk and needs assessment system—most notably, the PATTERN (Prisoner Assessment Tool Targeting Estimated Risk and Needs) and SPARC-13 tools—to evaluate each federal inmate’s likelihood of recidivism and identify individualized rehabilitation needs.
• Assignment to Programs: Requires the Bureau of Prisons (BOP) to use these assessments to assign inmates to Evidence-Based Recidivism Reduction Programs (EBRRs) and Productive Activities (PAs).
• Earned Time Credits: Enables eligible inmates to earn time credits for successful participation in these programs, which can be applied toward early transfer to prerelease custody or supervised release.

Title II: Bureau of Prisons Secure Firearms Storage

• Firearm Storage for Correctional Officers: Permits correctional officers to securely store and carry firearms outside the security perimeter of federal prisons, enhancing officer safety without compromising institutional security.

Title III: Restraints on Pregnant Prisoners Prohibited

• Ban on Restraints: Prohibits the use of restraints on pregnant and postpartum prisoners, except in rare circumstances where safety or security is at risk, ensuring more humane treatment of vulnerable inmates.

Title IV: Sentencing Reform

• Reduction of Mandatory Minimums: Lowers certain enhanced mandatory minimum sentences for repeat drug offenders, making penalties more proportionate to the offense.
• Expanded Safety Valve: Broadens eligibility for the “safety valve” provision, allowing judges greater discretion to impose sentences below the mandatory minimum for nonviolent drug offenders with limited criminal histories.
• Retroactive Relief: Makes the Fair Sentencing Act of 2010 retroactive, allowing individuals convicted of certain crack cocaine offenses before August 3, 2010, to petition for resentencing under the new, more lenient standards.

Title V: Second Chance Act Reauthorization

• Reentry and Rehabilitation Programs: Reauthorizes and expands funding for programs supporting offender reentry, substance abuse treatment, family-based services, and educational opportunities, promoting successful reintegration into the community.

Title VI: Miscellaneous Criminal Justice Provisions

• Inmate Placement Improvements: Requires the BOP to place prisoners in facilities as close as possible to their primary residence (i.e., within 500 driving miles, when feasible) and maximize home confinement for low-risk inmates.
• Identification Documents: Mandates that the BOP assist inmates in obtaining essential identification documents, such as Social Security cards and driver’s licenses, before release.
• Juvenile Protections: Prohibits solitary confinement for juveniles except as a temporary response to immediate threats.
• Access to Hygiene Products: Requires federal prisons to provide free feminine hygiene products to female inmates, ensuring basic health and dignity.
• Additional Reforms: Addresses prison staff training, opioid addiction treatment, and improved data collection on prison populations.

Visit the Congress.gov summary of S.756 – First Step Act of 2018 for a comprehensive summary and the full legislative text..

The First Step Act’s Impact on Federal Inmates

The First Step Act has brought meaningful changes for individuals incarcerated in the federal prison system. Its reforms extend beyond policy, shaping daily life, future prospects, and the overall fairness of the justice system. Here’s how the Act directly affects federal inmates:

Earned Time Credits and Early Release Opportunities

One of the most transformative aspects of the Act is the introduction of earned time credits. Eligible inmates can reduce their time in custody by participating in Evidence-Based Recidivism Reduction Programs (EBRRs) and Productive Activities (PAs). For every 30 days of successful participation, inmates may earn 10 days of time credit, and those classified as minimum or low risk for two consecutive assessments can earn up to 15 days per 30-day period. These credits can be applied toward early transfer to home confinement, a residential reentry center (i.e., halfway house), or supervised release, providing strong rehabilitation and positive behavior incentives.

Sentencing Reductions and Retroactive Relief

The Act’s sentencing reforms have reduced sentences for thousands of federal inmates. Key changes include:

• Lower mandatory minimum sentences for certain repeat drug offenses
• Expanded eligibility for the “safety valve,” allowing judges to impose sentences below mandatory minimums for nonviolent offenders with limited criminal histories
• Retroactive application of the Fair Sentencing Act of 2010, enabling individuals convicted of certain crack cocaine offenses to seek resentencing under more lenient standards

These reforms have offered many inmates a second chance, sometimes resulting in immediate release or substantially shorter sentences.

Improved Prison Conditions and Humane Treatment

The First Step Act sets new standards for the treatment of inmates, especially those most vulnerable:

• Prohibits the use of restraints on pregnant and postpartum women, except in rare, justified circumstances
• Bans solitary confinement for juveniles except as a temporary response to immediate threats
• Requires the Bureau of Prisons to provide free feminine hygiene products to female inmates

These provisions ensure dignity, safety, and fundamental human rights for all federal inmates.

Enhanced Reentry Support and Preparation

Recognizing that successful prisoner reentry reduces recidivism, the Act mandates the BOP to:

• Assist inmates in obtaining essential identification documents (like Social Security cards and driver’s licenses) before release
• Expand access to education, job training, substance abuse treatment, and family reunification programs

The Act helps inmates transition more smoothly back into their communities by addressing practical barriers to reentry.

Increased Transparency, Oversight, and Accountability

To ensure these reforms are implemented effectively and fairly, the Act requires:

• Regular reporting from the Bureau of Prisons and the Department of Justice to Congress
• Independent audits and reviews by agencies such as the Government Accountability Office and the DOJ’s Office of Inspector General
• Ongoing evaluation of risk assessment tools and recidivism reduction programs by an Independent Review Committee

These oversight mechanisms promote transparency, help identify areas for improvement, and build public trust in the system.

How the First Step Act Changes Life for Federal Inmates

The First Step Act’s reforms give federal inmates real incentives to pursue rehabilitation, offer relief from unnecessarily harsh sentences, improve living conditions, and support successful reentry into society. By increasing oversight and accountability, the Act also ensures that these changes are more than promises—they are measurable steps toward a fairer and more effective justice system.

First Step Act Earned Time Credits: How They Work

Understanding how earned time credits function under the First Step Act is essential for federal inmates and their families. These credits provide a real incentive for rehabilitation and lead to earlier release from custody when certain conditions are met.

What Are Earned Time Credits?

The First Step Act allows eligible federal inmates to earn time credits by participating in Evidence-Based Recidivism Reduction Programs (EBRRs) and Productive Activities (PAs). These credits reward inmates for positive engagement in programs that reduce the likelihood of reoffending. Earned time credits are used to secure early transfer to prerelease custody, such as home confinement or placement in a residential reentry center, or to move to supervised release.

How Are Earned Time Credits Calculated?

• Standard Earning Rate: Inmates receive 10 days of earned time credit for every 30 days of successful participation in qualifying EBRRs or PAs.
• Enhanced Rate for Low-Risk Inmates: Inmates classified as minimum or low risk for two consecutive risk assessments earn an additional 5 days per 30-day period, totaling 15 days for every 30 days of participation.

Example Calculation

Imagine an inmate who participates in approved programs for 18 months (540 days) and maintains a minimum or low-risk classification throughout:

• 540 days divided by 30 = 18 qualifying periods
• 18 periods x 15 days (enhanced rate) = 270 days (9 months) of earned time credit

If all other requirements are satisfied, the inmate could transfer to home confinement or supervised release up to nine months earlier.

Requirements for Applying Earned Time Credits

Earned time credits are not automatically applied. To use these credits toward early release, the following conditions must be met:

• Eligibility: The inmate must not have a disqualifying offense (see the section on disqualifying offenses for details).
• Statutory Minimums: Credits cannot reduce inmates’ time in custody below mandatory statutory minimums.
• BOP Approval: The Bureau of Prisons (BOP) must approve the transfer to prerelease custody or supervised release, based on program participation, institutional behavior, and other relevant factors.

How Earned Time Credits Differ from Good Conduct Time

It’s important to distinguish between earned time credits and good conduct time:

• Earned Time Credits: Awarded for active participation in approved programs and activities under the First Step Act.
• Good Conduct Time: Awarded for maintaining good institutional behavior, as determined by the BOP, up to 54 days per year of the imposed sentence.

Both types of credits can be combined to further reduce inmates’ terms in custody.

Combining Credits: Practical Impact

For example, an inmate serving a 10-year sentence who earns the maximum good conduct time and consistently participates in EBRRs and PAs could see their sentence reduced by more than a year, depending on their eligibility and risk classification.

Key Considerations

• Program Availability: Not all facilities offer the same programs, and access can impact the ability to earn credits.
• Disciplinary Infractions: Misconduct or failure to participate can result in loss of earned time credits.
• BOP Discretion: The BOP has the final authority to calculate and apply credits.

Visit the BOP’s First Step Act page for the most up-to-date information and official guidance.

The First Step Act Calculator: Estimating Release Dates and Credits

What Is a First Step Act Calculator?

A First Step Act calculator is a practical tool designed to help federal inmates and their families estimate how earned time credits may reduce the length of incarceration. By inputting key details about the inmate’s case and participation in qualifying programs, the calculator estimates when an inmate might be eligible for early transfer to prerelease custody or supervised release.

Key factors the calculator considers include:

• Eligibility Status: Whether the inmate’s conviction is for a disqualifying offense, as defined by the Act.
• Sentence Length: The total term of imprisonment imposed by the court.
• Participation in Programs: The number of days spent in approved Evidence-Based Recidivism Reduction Programs (EBRRs) and Productive Activities (PAs).
• Risk Assessment Results: The inmate’s PATTERN risk level (minimum, low, medium, or high), which determines the earning rate for credits.
• Disciplinary Record: Any periods of non-participation or disciplinary infractions affecting credit accumulation.

Step-by-Step: How to Use a First Step Act Calculator

1. Verify Eligibility: Review the official list or consult legal counsel to check whether the inmate’s offense is disqualifying. Inmates with specific violent, sexual, or other serious offenses may be ineligible to earn or apply time credits.
2. Track Program Participation: Maintain accurate records of the inmate’s days in approved EBRRs and PAs. Only successful participation in these programs counts toward earned time credits.
3. Monitor Risk Level: Note the results of each PATTERN risk assessment. Inmates classified as minimum or low risk for two consecutive assessments can earn credits at an enhanced rate (15 days per 30-day period instead of 10 days).
4. Calculate Earned Time Credits: For each 30 days of successful participation:
   • Standard Rate: 10 days of credit per 30 days.
   • Enhanced Rate (Minimum/Low Risk for Two Consecutive Assessments): 15 days per 30 days.
   • Multiply the number of qualifying 30-day periods by the applicable rate to estimate total credits earned.
5. Adjust for Infractions: Subtract any credits lost due to disciplinary violations or periods of non-participation, as these reduce the total credits applied.

Important Considerations When Using Calculators

• BOP Authority: The Bureau of Prisons (BOP) has the final say on calculating and applying earned time credits. Their interpretation of eligibility, program participation, and risk levels may differ from online tools.
• Program Availability: Not all federal facilities offer the same programs, impacting an inmate’s ability to earn credits at the maximum rate.
• Individual Circumstances: Each case is unique. Factors such as transfers, changes in risk level, or new disciplinary issues can affect calculations.

Where to Find and How to Use a Calculator

Some advocacy organizations and legal professionals offer online First Step Act calculators. While these can provide a helpful starting point, they may not account for all the nuances of BOP policy or the specifics of an individual’s case. For the most reliable estimate—and to ensure credits are correctly calculated and applied—it’s wise to consult with a federal criminal defense attorney familiar with the latest developments in First Step Act implementation.

Estimating Early Release: Practical Implications of the First Step Act Calculator

A First Step Act calculator can be a helpful guide, but always confirm results with an attorney or the BOP to ensure accuracy and to address any unique aspects of your situation. Visit the BOP’s First Step Act resources for official information and updates.

First Step Act Disqualifying Offenses: Who Is Ineligible?

While the First Step Act opens new opportunities for early release and earned time credits, not every federal inmate is eligible to benefit. The law explicitly excludes individuals convicted of certain serious offenses from earning or applying these time credits toward early release from prison. Understanding these disqualifying offenses is essential for determining eligibility.

Who Is Ineligible?

The First Step Act bars eligibility for earned time credits based on the nature of an inmate’s conviction. Offenses that automatically disqualify individuals typically involve violence, threats to national security, or especially serious drug crimes. These exclusions reflect Congress’s intent to prioritize public safety.

Common Categories of Disqualifying Offenses

• Violent Crimes: Includes offenses such as murder, kidnapping, aggravated assault, and other crimes involving serious physical harm or the threat thereof.
• Sexual Offenses: Covers crimes like sexual abuse, child exploitation, sex trafficking, child pornography, and related offenses.
• Terrorism-Related Offenses: Any conviction involving acts of terrorism or providing material support to terrorist organizations.
• Espionage and Treason: Offenses related to betraying or endangering national security.
• High-Level Drug Trafficking: Particularly when accompanied by aggravating factors, such as the use of a weapon, involvement of a minor, or large-scale drug distribution networks.
• Repeat Serious Drug or Violent Felonies: Individuals with multiple prior convictions for serious drug or violent crimes may also be excluded.

The Complete List of Disqualifying Offenses

Federal statutes and Bureau of Prisons (BOP) policy statements set forth the complete list of disqualifying offenses, which includes dozens of specific federal crimes. Importantly, some offenses are only disqualifying under certain circumstances—for example, if a weapon was involved, if the offense targeted a minor, or if certain aggravating factors were present.

For authoritative information, you can consult the U.S. Sentencing Commission’s Excluding Offenses Table, which details each offense and any special circumstances that may affect eligibility.

How to Determine Eligibility

If you are unsure whether a particular conviction is disqualifying, follow these steps:

1. Review the Offense of Conviction: Examine the specific statute and the case facts, including any enhancements or aggravating factors.
2. Consult Official Resources: Refer to the BOP’s official list of disqualifying offenses and the U.S. Sentencing Commission’s published materials.
3. Seek Legal Guidance: Eligibility can be complex, especially if multiple convictions or unique case details exist. A qualified federal criminal defense attorney can provide clarity and guidance.

Special Considerations

• Multiple Convictions: If an inmate has more than one conviction, a single disqualifying offense is enough to render them ineligible for earned time credits.
• Pending Charges or Orders of Removal: Inmates with pending charges for disqualifying offenses or non-citizens subject to a final removal order may also be barred from applying credits.

Determining Eligibility for Earned Time Credits: What You Need to Know

Eligibility for First Step Act earned time credits hinges on the nature of the conviction. Always verify eligibility using official resources and seek professional advice if you have questions about your or your loved one’s status. For more detailed information, visit the U.S. Sentencing Commission’s First Step Act Earned Time Credits page.

Federal Drug Crimes	U.S. Code Section
Trafficking or importing heroin if the defendant was an organizer, leader, manager, or supervisor of others in the offense	21 U.S.C. § 841(b)(1)); 21 U.S.C. § 960(b)
Trafficking or importing fentanyl	21 U.S.C. § 841(b)(1); 21 U.S.C. § 960(b)
Trafficking or importing a mixture or substance containing a detectable amount of fentanyl if the defendant was an organizer, leader, manager, or supervisor of others in the offense	21 U.S.C. § 841(b)(1); 21 U.S.C. § 960(b)
Trafficking or importing a mixture containing a detectable amount of methamphetamine if the defendant was an organizer, leader, manager, or supervisor of others in the offense	21 U.S.C. § 841 (b)(1)); 21 U.S.C. § 960(b)
Manufacturing or distributing drugs when death or serious bodily injury results from the use of those drugs	21 U.S.C. §§ 841(b)(1)(A), (B), or (C)

Federal Violent Crimes	U.S. Code Section
Unlawful possession or use of a firearm during and in relation to any crime of violence or drug trafficking crime	18 U.S.C. 924(c))
Arson	18 U.S.C. § 81
Assault, resistance, or impediment of a police officer with a deadly weapon or resulting in bodily injury	18 U.S.C. § 111(b)
Assault with intent to murder or murder of a spouse, intimate partner, or dating partner by strangling or suffocating	18 U.S.C. § 113(a)
Assault with intent to commit murder	18 U.S.C. § 113(a)(1)
Influencing, impeding, retaliating against a federal officer by injuring a family member (except for a threat)	18 U.S.C. § 115
Female genital mutilation	18 U.S.C. § 116
Domestic assault by a habitual offender	18 U.S.C. § 117
Explosives or dangerous articles (except for § 836 offenses involving the transportation of fireworks into a state that prohibits their sale or use)	Chapter 39, U.S. Code
Use of fire or explosives	18 U.S.C. §§ 844(f)(3), (h), or (i)
Murder (except for manslaughter (18 U.S.C. § 1112), attempt to commit manslaughter (18 U.S.C. § 1113), misconduct or neglect of ship officers (18 U.S.C. § 1115), protection against HIV (18 U.S.C. § 1122))	18 U.S.C., Chapter 51
Kidnapping	18 U.S.C., Chapter 55
Intentionally killing or attempting to kill an unborn child	18 U.S.C. § 1841(a)(2)(C)
Bank robbery resulting in death	18 U.S.C. § 2113(e)
Robberies or burglaries involving controlled substances resulting in assault or use of a dangerous weapon	18 U.S.C. § 2118(c)
Robberies or burglaries involving drugs which result in a death	18 U.S.C. § 2118(c)(2)
Carjacking	18 U.S.C. § 2119
Destroying a vessel or port, if it involved a substantial risk of death or serious bodily injury	18 U.S.C. § 2291
Robbery or burglary involving controlled substances resulting in death	18 U.S.C. § 2118(c)(2)
Torture	18 U.S.C. § 2340A
Drive-by shooting	18 U.S.C. § 36
Murder, manslaughter, voluntary manslaughter, assault with intent to commit murder, assault with intent to commit rape, aggravated sexual abuse, sexual abuse, abusive sexual contact, kidnapping, aircraft piracy, robbery, carjacking, extortion, arson, firearm use, firearm possession during a drug offense or crime of violence, and attempt, conspiracy, or solicitation to commit any of these offenses; AND The person was sentenced to a year or more in prison for this conviction; AND The person has a prior state or federal conviction for murder, voluntary manslaughter, assault with intent to commit murder, aggravated sexual abuse, sexual abuse, abusive sexual contact, kidnapping, carjacking, arson, or terrorism, for which the person served a year or more in prison.	18 U.S.C. § 3559(c)(2)(F)

Federal Sex Crimes	U.S. Code Section
Receipt or distribution of child pornography	18 U.S.C. §§ 2252(a)(1), (2), or (3)
Possession, distribution, or sale of child pornography	18 U.S.C. § 2252A(a)
Sexual abuse (except for those convicted under any provision of § 2244 other than subsection (c))	18 U.S.C., Chapter 109A
Failure to register as a sex offender	18 U.S.C. § 2250
Sexual exploitation of children	18 U.S.C. § 2251
Selling or buying children	18 U.S.C. § 2251A
Producing child pornography for importation	18 U.S.C. § 2260

Federal Immigration Crimes	U.S. Code Section
Illegal reentry of certain removed aliens listed (e.g., the person has a prior conviction for a felony, an aggravated felony, or more misdemeanor drug or person crimes)	8 U.S.C. §§ 1326(b)(1) and (2)
Aiding or assisting certain aliens to enter the united states	8 U.S.C. § 1327
Importation of an alien for immoral purpose	8 U.S.C. § 1328
Noncitizens facing deportation or removal from the United States

Federal Terrorism Offenses	U.S. Code Section
Biological weapons	18 U.S.C., Chapter 10
Chemical weapons	18 U.S.C., Chapter 11B
Distribution of information relating to weapons of mass destruction	18 U.S.C. § 842(p)
Terrorist attacks against railways or mass transportation systems	18 U.S.C. § 1992
Transportation of explosive, biological, radioactive, chemical, or nuclear materials	18 U.S.C. § 2283
Transportation of terrorists	18 U.S.C. § 2284
Terrorism	18 U.S.C. Chapter 113B

Federal Crimes Regarding Nuclear Weapons and Information	U.S. Code Section
Developing or producing nuclear material	42 U.S.C. § 2077(b)
Atomic weapons offenses	42 U.S.C. § 2122
Atomic energy license violations	42 U.S.C. § 2131
Communication or receipt of restricted atomic data	42 U.S.C. §§ 2274, 2275
Sabotage of nuclear facilities or fuel	42 U.S.C. § 2284

Federal Crimes Regarding Protected Information	U.S. Code Section
Gathering, transmitting, losing defense information	18 U.S.C. § 793
Gathering or delivering defense information to aid a foreign government	18 U.S.C. § 794
Disclosing identities of undercover agents, informants, sources	50 U.S.C. § 3121

Federal Prison Offenses	U.S. Code Section
Rioting or mutiny in federal prison	18 U.S.C. § 1792
Escape or attempt to escape from prison	18 U.S.C. § 751
Providing or possessing contraband in prison	18 U.S.C. § 1791

Federal Crimes Against the President or Other Government Officials	U.S. Code Section
Assassination, kidnapping, or assault of a congressional, cabinet, or Supreme Court member	18 U.S.C. § 351
Assault, kidnapping, or assassination of the President or presidential staff	18 U.S.C. § 1751
Treason	18 U.S.C. § 2381
Threats against the President	18 U.S.C. § 871
Threats against former Presidents	18 U.S.C. § 879

Status-Based Offenses
District of Columbia offenders housed in federal prisons
State offenders housed in federal prisons
People serving life sentences

War Crimes	U.S. Code Section
Recruiting or using child soldiers	18 U.S.C. § 2442
Genocide	18 U.S.C. § 1091

Other Federal Crime	U.S. Code Section
Felony committed while in a criminal street gang	18 U.S.C. § 521
Computer fraud	18 U.S.C. § 1030(a)(1)
Human trafficking and slavery (except for sections 1593 through 1596)	18 U.S.C., Chapter 77
Sabotage (except for § 2152)	18 U.S.C., Chapter 105
Damaging or destroying a pipeline facility, if the conduct involved a substantial risk of death or serious bodily injury	49 U.S.C. § 60123(b)
Export violations	50 U.S.C. App. 4611 et seq.
International Emergency Economic Powers Act	50 U.S.C. § 1705
Destruction of aircraft or aircraft facilities	18 U.S.C. § 32
Destruction of motor vehicles or motor vehicle facilities	18 U.S.C. § 33

PATTERN and SPARC-13: Risk and Needs Assessment Tools

The First Step Act requires the Bureau of Prisons (BOP) to use rigorous, evidence-based tools to evaluate each inmate’s risk of recidivism and identify their unique needs. This approach ensures that rehabilitation efforts are tailored to the individual, maximizing the chances of successful reentry and reducing the likelihood of reoffending. The two primary tools used are PATTERN and SPARC-13.

PATTERN: Prisoner Assessment Tool Targeting Estimated Risk and Needs

PATTERN is the Department of Justice’s (DOJ) official risk assessment system. Its purpose is to predict the likelihood that an inmate will commit another crime after release, using a mix of dynamic and static factors. Key elements considered include:

• Criminal History
• Age at First Conviction
• Institutional Behavior and Disciplinary Record
• Participation in Rehabilitation and Educational Programs
• Educational and Employment Background

Based on these factors, PATTERN classifies inmates into four risk categories:

• Minimum Risk
• Low Risk
• Medium Risk
• High Risk

Why Does This Matter?

Inmates classified as minimum or low risk for two consecutive assessments become eligible to earn enhanced time credits—up to 15 days per 30-day period of successful program participation. This creates a strong incentive for positive behavior and engagement in rehabilitation.

Ongoing Review and Criticisms

While PATTERN is designed to be objective, it has faced criticism for potential racial and gender bias and for relying heavily on static factors such as past criminal history. Recognizing these concerns, the DOJ regularly reviews and updates PATTERN to improve its fairness and accuracy.

SPARC-13: Standardized Prisoner Assessment for Reduction in Criminality

SPARC-13 is the BOP’s needs assessment tool, designed to pinpoint areas in an inmate’s life that, if addressed, can significantly reduce the risk of reoffending. It evaluates 13 key areas:

1. Anger/Hostility
2. Antisocial Peers
3. Cognitions (i.e., thought patterns)
4. Dyslexia and Learning Needs
5. Education
6. Family/Parenting
7. Financial/Poverty Issues
8. Medical Needs
9. Mental Health
10. Recreation/Leisure/Fitness
11. Substance Use
12. Trauma
13. Work and Employment Skills

How BOP Uses These Assessments

BOP staff use SPARC-13 results to match inmates with programs that address their highest areas of need. For example, someone with substance use and trauma needs might be prioritized for addiction counseling and trauma-informed therapy. Inmates are reassessed periodically to monitor progress and adjust their programming as necessary.

Impact on Program Placement and Rehabilitation

• Targeted Interventions: Inmates with high-need areas are prioritized for relevant programs, increasing the effectiveness of rehabilitation.
• Continuous Reassessment: Regular reassessments ensure that programming evolves as inmates progress or new needs arise.

How Risk and Needs Assessments Drive Rehabilitation Under the First Step Act

PATTERN and SPARC-13 are central to the First Step Act’s focus on individualized rehabilitation. By systematically identifying risks and needs, these tools help the BOP assign inmates to the right programs, track their progress, and incentivize positive change.

For more information, visit the BOP’s PATTERN and Programs pages.

Evidence-Based Recidivism Reduction Programs (EBRRs) and Productive Activities (PAs)

What Are EBRRs and PAs?

Evidence-Based Recidivism Reduction Programs (EBRRs) and Productive Activities (PAs) are at the heart of the First Step Act’s focus on rehabilitation and successful reentry. These programs are specifically designed to address the factors that contribute to criminal behavior, equipping inmates with the skills and support they need to avoid reoffending after release.

• Evidence-Based Recidivism Reduction Programs (EBRRs): EBRRs are structured activities that have been shown to reduce recidivism through research and data. These programs target areas such as substance abuse, anger management, cognitive skills, education, and vocational training. Participation is voluntary but strongly encouraged, as successful completion can directly impact an inmate’s eligibility for earned time credits.
• Productive Activities (PAs): PAs are designed to keep inmates, particularly those assessed as minimum or low risk, actively engaged in positive pursuits. These activities help maintain or further reduce an inmate’s risk level and may include work assignments, mentoring others, or community service projects within the facility.

Examples of Approved EBRRs and PAs Under the First Step Act

The Bureau of Prisons maintains an official list of approved programs and activities. Actual offerings vary by facility. Common examples include:

• Anger Management: Teaches strategies for recognizing triggers and resolving conflicts constructively.
• Residential Drug Abuse Program (RDAP): An intensive, evidence-based substance abuse treatment program.
• Educational Programs: GED preparation, adult basic education, and opportunities for post-secondary coursework.
• Vocational Training: Hands-on job skills training in trades such as carpentry, welding, culinary arts, etc.
• Parenting and Family Reunification: Classes and workshops to strengthen family relationships and prepare for life after release.
• Faith-Based Services: Spiritual counseling, religious study groups, and mentorship opportunities.

Refer to the First Step Act Approved Programs Guide for a comprehensive and up-to-date list of available programs.

How Participation and Progress Are Monitored

The Bureau of Prisons (BOP) closely tracks inmate participation in EBRRs and PAs:

• Monitoring: BOP staff document enrollment, attendance, and completion of each qualifying program.
• Credit Earning: Only successful participation—meaning consistent attendance and completion of program requirements—results in earned time credits.
• Disciplinary Impact: Infractions or refusal to participate can result in loss of credits or disqualification from specific programs.

Barriers to Program Participation

While the First Step Act expands access to rehabilitative activities, some challenges remain:

• Program Availability: Not all federal prisons offer the same range or number of programs, which can limit opportunities for inmates at specific locations.
• Waiting Lists: High demand for popular programs like RDAP or vocational training can result in long wait times.
• Transfers Between Facilities: Inmates who are transferred may face interruptions in programming or need to restart certain activities.

The Impact: Real-World Results and Success Stories

Participation in EBRRs and PAs has made a measurable difference for thousands of federal inmates. Those engaging in these programs become eligible for earned time credits and earlier release and benefit from improved skills, stronger family ties, and greater confidence as they prepare for reentry. Research consistently shows that inmates who complete evidence-based programs are less likely to reoffend, contributing to safer communities and better outcomes.

How EBRRs and PAs Support Rehabilitation and Successful Reentry

EBRRs and PAs represent a cornerstone of the First Step Act’s rehabilitative approach. By taking advantage of these opportunities, eligible inmates can accelerate their path to release and build a stronger foundation for a successful, law-abiding future. For the latest details on available programs and eligibility, consult the BOP’s First Step Act resources.

Sentencing Reforms Under the First Step Act

The First Step Act brought sweeping changes to federal sentencing laws, aiming to make punishment more proportionate, expand opportunities for relief, and reduce the number of people serving excessively long sentences. These reforms impact both current inmates and new federal defendants, with several key provisions:

Reduced Mandatory Minimum Sentences

• Lower Penalties for Repeat Drug Offenders: The Act reduces the mandatory minimum sentence for certain repeat federal drug offenses. Previously, a second serious drug conviction could trigger a 20-year mandatory minimum, and a third could result in a life sentence. The minimums are now 15 years for a second conviction and 25 years (instead of life) for a third, provided the prior convictions meet specific criteria.
• Shorter Sentences for Firearm Offenses: The enhanced mandatory minimum for using or carrying a firearm during a crime of violence or drug trafficking offense after a prior conviction has been reduced from 25 years to 15 years.

Expanded Safety Valve Provision

• Broader Eligibility for Sentencing Relief: The safety valve allows judges to sentence certain nonviolent drug offenders below the statutory mandatory minimums if they meet specific criteria. The First Step Act expanded eligibility by raising the threshold for prior criminal history to benefit more defendants.
• Greater Judicial Discretion: Judges now have more flexibility to consider the circumstances of each case and the individual’s background, rather than being strictly bound by mandatory minimums.

Retroactive Relief for Crack Cocaine Offenses

• Fair Sentencing Act Retroactivity: The First Step Act made the Fair Sentencing Act of 2010 retroactive. This means individuals convicted of crack cocaine offenses before August 3, 2010, can petition for resentencing under the more lenient standards, leading to significant sentence reductions for many.

Elderly and Terminally Ill Release

• Expanded Early Release Options: The Act broadens eligibility for early release or home confinement for elderly and terminally ill inmates, recognizing the lower risk they pose and the high costs of incarceration for these populations.

Improved Good Conduct Time Calculation

• More Good Conduct Credit: Federal inmates can now earn up to 54 days of good conduct time for each year of the sentence imposed, rather than per year actually served. This change allows many inmates to shorten their sentences and qualify for earlier release.

Impact on Sentencing Outcomes

These reforms have had a significant, real-world impact:

• Since the Act’s passage, thousands of federal inmates have received sentence reductions or early release.
• Individuals who once faced decades or even life in prison are now eligible for relief or resentencing.
• The Act has helped address some of the disparities and harshness of prior sentencing laws, contributing to a fairer and more effective justice system.

See the Congress.gov summary of S.756 – First Step Act of 2018 for a comprehensive summary and official legislative text.

Other Major Reforms: Prison Conditions, Reentry, and Oversight

The First Step Act’s reforms extend well beyond sentencing and earned time credits. A significant portion of the law is devoted to improving the daily lives of federal inmates, supporting their successful reentry into society, and ensuring that the system operates with greater transparency and accountability.

Improved Prison Conditions

The Act mandates several vital changes to protect the health, dignity, and rights of incarcerated individuals:

• Restraints on Pregnant Women: The use of restraints on pregnant and postpartum prisoners is now strictly limited. Restraints are prohibited except in rare, justified circumstances where safety or security is at immediate risk. This reform ensures more humane treatment for vulnerable women during pregnancy and recovery.
• Juvenile Solitary Confinement: Solitary confinement for juveniles is banned, except as a temporary response to behavior that poses a serious and immediate threat. This measure recognizes the unique developmental needs of youth and seeks to prevent the psychological harm associated with isolation.
• Feminine Hygiene Products: The Bureau of Prisons (BOP) must provide all female inmates free tampons and sanitary napkins. This requirement addresses a basic health and dignity issue, ensuring women have consistent access to necessary hygiene products.

Enhanced Reentry Support

A core goal of the First Step Act is to reduce recidivism by equipping inmates with the tools and support needed for successful reintegration:

• Identification Documents: The BOP must assist inmates in obtaining essential identification documents, such as Social Security cards, driver’s licenses, or other official photo IDs, before their release. These documents are crucial for accessing housing, employment, and social services upon reentry.
• Home Confinement: The Act directs the BOP to maximize the use of home confinement for eligible low-risk inmates, allowing them to serve part of their sentence in a community setting and better prepare for life after incarceration.
• Reentry Programs: Inmates now have expanded access to educational opportunities, vocational training, job placement assistance, and substance abuse treatment. These programs are designed to address the underlying factors contributing to criminal behavior and improve post-release outcomes.

Oversight and Transparency

To ensure that reforms are implemented fairly and effectively, the First Step Act introduces robust oversight mechanisms:

• Attorney General Reports: The Department of Justice (DOJ) must regularly report to Congress on all activities and progress related to the Act’s implementation. These reports provide data on program participation, earned time credits, and recidivism rates, promoting transparency and public accountability.
• Independent Review Committee: An expert committee evaluates the effectiveness of the risk and needs assessment systems (such as PATTERN and SPARC-13) and recommends improvements to ensure accuracy, fairness, and best practices.
• Audits and Data Collection: The Government Accountability Office (GAO) and the DOJ’s Office of Inspector General conduct regular audits and evaluations of BOP programs and grant recipients. These independent reviews help prevent waste, fraud, and abuse and ensure that resources are used effectively.

For more detailed information and access to official reports, visit the BOP’s First Step Act Reports page.

Compassionate Release and Home Confinement Under the First Step Act

The First Step Act significantly broadened the pathways for federal inmates to obtain early release through compassionate release and home confinement. These reforms provide hope for the elderly, seriously ill, and low-risk individuals, while also supporting public safety and reducing prison overcrowding.

What Is Compassionate Release?

Compassionate release allows certain incarcerated individuals to request early release from prison for “extraordinary and compelling reasons.” The First Step Act made this process more accessible and responsive by:

• Empowering Inmates to Petition Courts Directly: If the Bureau of Prisons (BOP) does not act on a request within 30 days, or after all administrative appeals are exhausted, inmates can file directly with the sentencing court.
• Expanding Eligibility: Qualifying reasons include:
  • Terminal illness or serious medical conditions
  • Advanced age (typically 65+), especially after serving a significant portion of the sentence
  • Other extraordinary circumstances (e.g., incapacitation of a family caregiver)
• Reducing BOP Gatekeeping: Previously, only the BOP could file these motions; now, inmates and their attorneys have direct access to the courts.

Impact

Since 2019, over 4,500 people have been granted compassionate release, with approval rates rising during the COVID-19 pandemic as courts recognized heightened risks for medically vulnerable inmates.

Application Steps

1. Submit a written request to the facility warden.
2. Wait 30 days or until all administrative appeals are exhausted.
3. File a motion with the sentencing court, providing medical or other supporting evidence.

Note: Before granting release, the court considers public safety, the inmate’s conduct, and statutory guidelines.

What Is Home Confinement?

Home confinement allows eligible inmates to serve the remainder of their sentence at home under monitoring, rather than in a federal prison. The First Step Act expanded this option through:

• Elderly and Terminally Ill Home Detention Pilot Program:
  • Eligible inmates are typically 60+ years old, have served at least two-thirds of their sentence, and are convicted of nonviolent offenses.
  • Terminally ill inmates may also qualify, regardless of age.
• COVID-19 Emergency Expansion (CARES Act):
  • During the pandemic, the BOP was authorized to transfer thousands of additional inmates—especially those at high risk from COVID-19—to home confinement.
  • As of mid-2023, over 7,000 people were serving sentences at home under these provisions.

Eligibility Factors

• Age (usually 60+), health status, and low risk of recidivism
• Nonviolent conviction
• Completion of a substantial portion of the sentence
• Good institutional conduct

How It Works

• The BOP reviews cases and makes recommendations for home confinement placement.
• Inmates may be subject to electronic monitoring, regular check-ins, and other supervision requirements.

Challenges and Limitations

• Not Automatic: Both compassionate release and home confinement require formal applications and supporting documentation.
• Court and BOP Discretion: Approval is not guaranteed, and both agencies consider public safety and individual circumstances.
• Administrative Delays: Processing times can be lengthy, and legal assistance may be needed to navigate the process.
• Exclusions: Some offenses (violent, sex-related, or high-level drug crimes) may disqualify an inmate from these forms of relief.

Practical Tips for Inmates and Families

• Gather Documentation: Medical records, proof of age, and evidence of rehabilitation strengthen applications.
• Track Application Status: Follow up with the BOP and, if necessary, seek legal help to ensure timely review.
• Consult with Experts: A qualified federal criminal defense attorney can help assess eligibility and prepare strong petitions.

Key Points on Compassionate Release and Home Confinement

The First Step Act’s reforms to compassionate release and home confinement offer real hope for federal inmates facing extraordinary circumstances, especially the elderly and seriously ill. By understanding the expanded criteria and following the correct procedures, inmates and their families can pursue earlier release and a safer transition back to the community.

For the latest details and official guidance, visit the BOP’s First Step Act Overview or consult a knowledgeable attorney.

Implementation and Oversight: Ensuring Accountability and Progress Under the First Step Act

The First Step Act’s transformative goals rely on more than legislative changes—they require vigilant oversight, transparent reporting, and ongoing evaluation to ensure reforms are implemented fairly and effectively. The Act establishes a robust framework to monitor progress, hold federal agencies accountable, and provide the public with clear, accessible information.

Oversight by the Attorney General and the Department of Justice

A central pillar of the Act’s accountability is requiring the Attorney General to submit regular reports to Congress. These reports, prepared in coordination with the Department of Justice (DOJ) and the Bureau of Prisons (BOP), must include:

• Updates on the rollout and effectiveness of risk and needs assessment tools (such as PATTERN and SPARC-13)
• Data on inmate participation in recidivism reduction programs and productive activities
• Statistics on the accumulation and application of earned time credits
• Recidivism rates and other outcome measures
• Challenges encountered and steps taken to address them

These publicly available reports allow inmates, families, advocates, and researchers to track the Act’s real-world impact and hold agencies accountable for meaningful progress.

Independent Audits and External Reviews

The First Step Act mandates multiple layers of independent oversight to ensure objectivity:

• Government Accountability Office (GAO): The GAO is tasked with auditing the use and effectiveness of the risk and needs assessment system across all federal facilities. These audits evaluate whether the system is being implemented as intended and whether it achieves its core goal of reducing recidivism through evidence-based programming.
• DOJ Office of Inspector General: This office conducts annual audits of selected grant recipients and programs funded under the Act, aiming to prevent waste, fraud, and abuse. The findings help ensure that resources are directed where they can have the greatest impact.

The Independent Review Committee

To further reinforce oversight, the Act created an Independent Review Committee comprised of criminal justice experts. This committee:

• Continuously evaluates the effectiveness and fairness of risk and needs assessment tools
• Reviews the range and quality of available recidivism reduction programs
• Recommends improvements based on best practices and up-to-date research

By involving outside experts, the Act ensures that implementation remains grounded in evidence and adapts to new developments and feedback.

Data Collection and Public Transparency

The Act significantly expands requirements for data collection and public reporting by the BOP. The agency must gather and publish:

• Participation rates in recidivism reduction programs and productive activities
• Demographic information and risk assessment outcomes
• Statistics on earned time credits awarded and applied
• Recidivism and reentry outcomes

These transparency measures empower families, advocates, and the public to monitor whether the law is being applied fairly and to advocate for further improvements where needed.

Oversight in Action: Addressing Implementation Challenges

While the oversight framework is robust, real-world implementation has not been without hurdles. Delays in rolling out assessment tools, inconsistencies in credit application, and questions about eligibility have prompted scrutiny from oversight bodies. Independent audits and public reporting have played a crucial role in identifying these issues and prompting corrective action, demonstrating the value of rigorous accountability measures.

Accessing Official Reports and Resources

Anyone interested in tracking the progress of the First Step Act can access official reports and data through the BOP’s First Step Act Reports page. These resources provide up-to-date information and ensure the public remains informed about ongoing reforms.

Why Oversight and Transparency Matter for the First Step Act

Effective oversight and transparent reporting are the backbone of the First Step Act’s promise. Through regular congressional reports, independent audits, expert review, and public data releases, the Act builds in multiple safeguards to ensure reforms are implemented as intended, advancing fairness, rehabilitation, and public safety for all affected.

Implementation Challenges and Criticisms

While the First Step Act has brought significant progress to federal criminal justice reform, its implementation has encountered notable challenges and generated ongoing debate. Understanding these issues is essential for anyone navigating the Act’s provisions or advocating for further change.

Implementation Delays and Administrative Hurdles

Rolling out the Act’s most impactful reforms—especially the earned time credit system—proved more complex and time-consuming than anticipated. The Bureau of Prisons (BOP) needed to develop and deploy new assessment tools like PATTERN and SPARC-13, update internal policies, and train staff nationwide. As a result, many inmates experienced delays in accruing or applying earned time credits, leading to frustration and, in some cases, litigation.

Limited Eligibility for Earned Time Credits

The Act’s eligibility criteria exclude many inmates from earning or applying time credits due to the nature of their convictions. Disqualifying offenses include a wide range of violent, sexual, terrorism-related, and high-level drug crimes. Critics argue that the exclusion list is overly broad, preventing individuals who might benefit most from rehabilitation and early release from participating in these opportunities.

Discretion and Inconsistency in Credit Application

The BOP maintains significant discretion in interpreting and applying the rules governing earned time credits. This has led to inconsistencies across facilities and individual cases, with some inmates reporting discrepancies in how credits are calculated or applied. These inconsistencies can undermine the law’s intent and confuse inmates and their families.

Ongoing Legal Challenges

Implementation of the First Step Act has prompted numerous legal disputes. Issues under litigation include eligibility determinations, calculation methods for earned time credits, and the retroactive application of specific reforms. Court decisions have varied, sometimes favoring inmates and at other times upholding the BOP’s interpretations, adding further uncertainty to the process.

Calls for Broader Reform

Advocacy groups, legal experts, and policymakers continue to call for additional reforms to address the Act’s shortcomings. Common recommendations include:

• Expanding eligibility for earned time credits to cover more offenses
• Further reducing mandatory minimum sentences
• Increasing oversight and transparency in BOP credit calculations
• Enhancing reentry support and rehabilitation programming

These ongoing efforts reflect a recognition that, while the First Step Act represents meaningful progress, continued improvement is necessary to achieve its full promise.

Implementation Challenges: What Remains to Be Addressed

The First Step Act’s implementation has faced real-world obstacles, from administrative delays and eligibility restrictions to inconsistent application and ongoing legal disputes. Continued advocacy and oversight are essential to address these challenges and ensure the Act delivers on its commitment to fairness, rehabilitation, and public safety.

Practical Steps for Inmates and Families

For Inmates

Taking full advantage of the First Step Act requires knowledge, initiative, and persistence. Here are the key steps to help you achieve the best possible outcome:

1. Understand Your Eligibility: Consult a legal expert or knowledgeable advocate to review your conviction and sentence. Eligibility for earned time credits and other benefits can depend on specific case details, so obtaining accurate, up-to-date advice tailored to your situation is crucial.
2. Participate in Approved Programs: Enroll in as many Evidence-Based Recidivism Reduction Programs (EBRRs) and Productive Activities (PAs) as possible. Keep a personal log of your participation, attendance, and completion certificates. This documentation can help resolve disputes and support your case if questions arise about your credits.
3. Maintain Good Behavior: Avoid disciplinary infractions, as they can result in the loss of earned time credits and eligibility for specific programs. Consistently following institutional rules protects your credits and demonstrates your commitment to rehabilitation.
4. Monitor Your Assessments: Stay informed about your PATTERN and SPARC-13 risk and needs assessments. Ask questions if you do not understand your results, and take advantage of opportunities to improve your scores, such as completing recommended programs or addressing specific needs identified in your assessment.
5. Advocate for Yourself: If you believe your credits are being miscalculated, your risk level is inaccurate, or you are not being assigned to appropriate programs, use the BOP’s administrative remedy process to raise your concerns formally. If needed, seek assistance from legal counsel or trusted advocates to ensure your rights are protected.
6. Be Proactive About Program Access: If you encounter waitlists or limited availability for specific programs, express your interest in writing and follow up regularly. If transferred to another facility, request that your participation records move with you and ask how to resume or complete your programming.

For Families

Families play a crucial role in supporting their loved ones’ success. Here’s how you can help:

1. Stay Informed: Educate yourself about the First Step Act, earned time credits, and your loved one’s eligibility. Reliable information is available through the Bureau of Prisons, the U.S. Sentencing Commission, and reputable legal resources.
2. Encourage and Support Participation: Motivate your loved one to enroll in programs and maintain good behavior. Celebrate milestones and progress, and remind them that each step brings them closer to release and successful reentry.
3. Communicate with Prison Staff: Maintain regular contact with your loved one’s case manager or program coordinator. Ask for updates on program participation, credit calculation, and risk assessments. Building positive relationships with staff can help ensure your loved one’s needs are addressed.
4. Keep Detailed Records: Document all communications, program participation, and assessment results. Organized records can be invaluable if you need to challenge a decision or clarify your loved one’s status.
5. Seek Legal Guidance When Needed: If you have questions about eligibility, credit calculations, or appeals, consult with an experienced federal criminal defense attorney. Legal professionals can help you navigate complex rules and advocate for your loved one’s rights.
6. Offer Emotional Support: Navigating the federal system can be stressful and discouraging. Providing consistent emotional support, encouragement, and understanding can make a meaningful difference in your loved one’s motivation and well-being.

By following these practical steps, inmates and families can maximize the benefits of the First Step Act, address challenges proactively, and work toward a smoother, more hopeful path to release and reentry.

Frequently Asked Questions and Glossary: The First Step Act

General Questions

Eligibility and Time Credits

Calculating and Applying Credits

Programs, Assessments, and Participation

Family Support

Common Misconceptions

Glossary of Key Terms

• First Step Act: Federal law focused on criminal justice reform, enacted in 2018.
• PATTERN: Risk assessment tool used to evaluate an inmate’s likelihood of recidivism.
• SPARC-13: Needs assessment tool evaluating 13 areas relevant to rehabilitation.
• EBRR (Evidence-Based Recidivism Reduction Program): Programs proven to reduce reoffending.
• PA (Productive Activity): Activities designed to maintain or lower recidivism risk.
• Disqualifying Offense: A conviction that makes an inmate ineligible for earned time credits.
• Good Conduct Time: Credits for exemplary behavior, separate from earned time credits.
• Prisoner Assessment Tool Targeting Estimated Risk and Needs (PATTERN): See above.
• Administrative Remedy Process: The BOP’s formal grievance and appeals system.

Authoritative Resources

• BOP: First Step Act Overview
• Congress.gov: First Step Act of 2018
• U.S. Sentencing Commission: FSA Resource & Excluding Offenses Table

Future Directions and Considerations

The First Step Act marked a pivotal shift in federal criminal justice policy, but its passage was never intended as the final word on reform. As the criminal justice landscape evolves, ongoing policy discussions, pending court decisions, and legislative proposals signal that further changes are likely on the horizon. Understanding these future directions is essential for anyone affected by or advocating within the federal system.

Evolving Legal Landscape

The implementation of the First Step Act remains subject to judicial interpretation. Several recent and pending Supreme Court cases are poised to clarify or reshape how the law is applied, particularly regarding eligibility for sentence reductions and the application of earned time credits. These decisions could affect thousands of federal inmates and set important precedents for future reforms.

Potential Legislative Reforms

Lawmakers and advocacy groups continue to propose new legislation to build on the First Step Act’s foundation. Some of the most discussed potential reforms include:

• Expanding Eligibility for Earned Time Credits: There is ongoing debate about whether to broaden access to earned time credits by narrowing the list of disqualifying offenses or reconsidering eligibility criteria, allowing more inmates to benefit from rehabilitation programs and early release opportunities.
• Further Sentencing Reform: Proposals have been introduced to reduce mandatory minimum sentences further, expand judicial discretion, and make additional sentencing reforms retroactive, addressing criticisms that some of the Act’s changes did not go far enough.
• Improved Oversight and Data Transparency: As implementation challenges persist, there are calls for enhanced oversight, more precise reporting requirements, and more robust data collection to ensure reforms are applied fairly and consistently across federal facilities.

Focus on Rehabilitation and Reentry

The future of the First Step Act—and federal criminal justice reform more broadly—will likely emphasize evidence-based rehabilitation, successful reentry, and support for individuals returning to their communities. This includes expanding access to educational and vocational programs, mental health and substance use treatment, and family reunification services.

A Need for Ongoing Evaluation

The First Step Act’s impact is still being measured, and ongoing evaluation will be critical to identifying what works, where gaps remain, and how the law can be improved. Policymakers, researchers, and advocates recognize that meaningful reform is a continuous process, requiring adaptation to new evidence, changing needs, and lessons learned from implementation.

The Road Ahead

While the First Step Act represents significant progress, its future will be shaped by the outcomes of court cases, the introduction of new legislation, and the persistent efforts of those seeking a fairer and more effective justice system. Staying informed about these developments is crucial for inmates, families, and advocates alike.

The First Step Act is a milestone, not a destination. Its ongoing evolution—through legal decisions, legislative action, and continued advocacy—will determine how fully its promise of rehabilitation, fairness, and second chances is realized in the years ahead.

Internal and External Resources

Internal Resources

Access helpful tools and guidance from our legal team to better understand your options under the First Step Act and related federal sentencing issues:

• Federal Sentencing Guidelines: Comprehensive explanations of the federal sentencing system, including how guidelines are applied and what factors may affect your sentence.
• Federal Prison Consulting Services: Personalized advice and support to help you or your loved one prepare for incarceration, navigate the Bureau of Prisons, and maximize opportunities for early release.
• Frequently Asked Questions: Answers to common questions about federal criminal cases, sentencing, prison life, and the First Step Act.
• Contact Our Team: Schedule a confidential consultation with an experienced federal criminal defense attorney for individualized guidance.

External Authoritative Sources

Stay informed with up-to-date information and official resources about the First Step Act, federal sentencing reforms, and program eligibility:

• BOP: First Step Act: The Bureau of Prisons’ official resource hub for the First Step Act, including program details, risk assessment tools, FAQs, and implementation updates.
• Congress.gov: First Step Act of 2018: Full legislative text, summaries, and legislative history for the First Step Act (Public Law 115-391).
• U.S. Sentencing Commission FSA Resource: Authoritative analysis and data on earned time credits, eligibility criteria, and implementation trends.
• GAO Report on FSA Implementation: Independent review of the First Step Act’s rollout, effectiveness, and ongoing challenges.
• First Step Act Approved Programs Guide (PDF): Official listing and descriptions of all Bureau of Prisons programs and activities that qualify for earned time credits.

Always refer to official government sources or consult a qualified legal professional for the most accurate and current information. If you have questions about your eligibility or need help navigating these resources, contact our team for expert assistance.

How Our Legal Team Can Help

Navigating the complexities of the First Step Act can feel overwhelming, especially when your future or the future of a loved one is at stake. At Elizabeth Franklin-Best P.C., our experienced team is dedicated to providing clear guidance and strong advocacy throughout every stage of the federal sentencing and incarceration process.

Here’s how we can support you:

• Assess Eligibility for Earned Time Credits: We review your case thoroughly to determine if you qualify for earned time credits under the First Step Act, considering the specifics of your conviction, sentence, and risk assessments.
• Calculate Potential Sentence Reductions: Our attorneys analyze your participation in approved programs and your institutional record to estimate the sentence reductions you may be entitled to, helping you understand realistic timelines for early release.
• Challenge BOP Decisions and Risk Assessments: If you believe your time credits are being miscalculated, your risk level is inaccurate, or you are unfairly denied program access, we advocate on your behalf through administrative remedies and, if necessary, litigation.
• Pursue Resentencing Opportunities: We identify and pursue all available avenues for resentencing, including retroactive relief under new federal guidelines and recent legal developments.
• Prepare for Reentry and Supervised Release: Our team assists with the practical steps needed for a successful transition, such as securing identification documents, accessing reentry programs, and developing a release plan that meets BOP and court requirements.

Take the Next Step Toward a Second Chance

If you have questions about your eligibility, want to maximize your earned time credits, or need help challenging a BOP decision, we’re here to help. Schedule a one-hour initial consultation with our knowledgeable attorneys. During your consultation, we’ll review your case, answer your questions, and provide a clear roadmap for moving forward, ensuring you have the support and information you need at every stage.

Let us help you make the most of the First Step Act and take control of your future.

Embracing Change and Charting Your Path Forward

The First Step Act of 2018 marks a pivotal shift in federal criminal justice, replacing outdated punitive measures with a renewed focus on rehabilitation, fairness, and second chances. This law is more than just legislation for federal inmates and their families—it’s a tangible opportunity to shorten sentences, improve prison experiences, and prepare for a successful return to the community.

By learning how earned time credits are calculated, understanding eligibility requirements, and making the most of evidence-based programs, you can actively participate in your journey toward early release and a brighter future. Navigating the Federal Bureau of Prisons’ risk and needs assessments may seem daunting. Still, with the correct information and support, you can make informed decisions that maximize your potential under the Act.

Remember, you don’t have to face these challenges alone. Whether you’re seeking clarity on your eligibility, need help with credit calculations, or want to protect your rights, our experienced legal team is here to guide you every step of the way.

Take Control of Your Future Today

If you’re ready to explore your options and take advantage of everything the First Step Act offers, contact us for personalized, professional support.

Schedule your one-hour initial consultation now—and take the first step toward a second chance.

Published Mar 7, 2022 by Christopher Zoukis, JD, MBA | Last Updated by Christopher Zoukis, JD, MBA on May 17, 2025 at 12:00 pm