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The First Step Act, signed into law on December 21, 2018, is a landmark criminal justice reform legislation aimed at reducing the federal prison population and enhancing public safety by offering incentives for inmates to participate in various programs.
This comprehensive guide will provide an overview of the First Step Act, its eligibility criteria, ineligibility factors, and the benefits it offers to inmates. The First Step Act is designed to benefit a broad range of federal inmates, including both non-violent and some violent offenders.
First Step Act Eligibility
Eligibility, for First Step Act Participation
To be eligible for the programs provided under the First Step Act certain criteria must be met;
Federal Inmates The First Step Act applies solely to inmates and does not include individuals incarcerated in state or local facilities.
Assessment of Risk and Needs; Inmates must undergo an evaluation of their risk level (minimum low, medium or high) as identify their specific needs such as educational, vocational or mental health services.
Engagement in Evidence Based Programs; Inmates must be willing to engage in evidence based programs like drug treatment, job training or educational courses that target their needs and aim to reduce the likelihood of reoffending.
Demonstration of Good Conduct; Inmates are required to exhibit behavior during their incarceration to be considered for the benefits outlined in the First Step Act.
Ineligibility under the First Step Act
Although the First Step Act is designed to assist a spectrum of inmates there are types of offenders who may not qualify for all or some provisions, within the legislation.
These categories are;
1. Offenders of Serious Crimes; Individuals who have been convicted of offenses, like terrorism, espionage, murder or sex crimes are not eligible to earn time credits as per the First Step Act.
2. Immigration Violations; Inmates who face deportation or have breached immigration laws do not qualify for benefits provided by the Act.
3. Public Safety Concerns; Inmates identified as posing a risk to safety based on their risk assessment and needs evaluation may be excluded from specific programs or benefits.
Benefits Provided by the First Step Act
The First Step Act presents a range of advantages for inmates with the aim of enhancing their reintegration prospects into society post release. These advantages encompass;
Earned Time Credits; Inmates engaging in evidence based programs for reducing recidivism or productive pursuits can accumulate time credits that facilitate transition to release arrangements like home confinement or halfway houses. The amount of time credits earned is contingent upon the inmates risk level and participation in programs.
Enhanced Good Conduct Time; The Act retrospectively recalculates conduct time enabling inmates to receive up to 54 days of credit annually instead of the prior maximum limit of 47 days, per year.
The First Step Act mandates the Federal Bureau of Prisons (BOP) to enhance job training and education opportunities expand drug treatment programs improve conditions, for inmates strengthen visitation and communication between inmates and their families and provide de training, for correctional officers.Incentives, for Inmate Engagement; Prisoners involved in evidence backed programs have the chance to earn rewards like increased phone and visitation privileges or the option to move to facilities to their loved ones.
Enhanced Reentry Support; The legislation instructs the Bureau of Prisons (BOP) to establish partnerships with community groups, nonprofits and businesses to help inmates transition upon release. This includes aiding in job placement, housing and other vital services.
Prohibition of Youth Solitary Confinement; The First Step Act prohibits the confinement of offenders in federal prisons except in cases where there is a threat to their safety or others.
Wrap Up
The First Step Act marks an advancement in reforming the criminal justice system by prioritizing rehabilitation over punishment as a strategy to reduce repeat offenses and enhance safety.
By providing incentives for inmates to engage in evidence based programs and addressing their needs the goal of the First Step Act is to cultivate an environment that nurtures development and successful reintegration into society.
Although the benefits of the First Step Act could positively impact prisoners it’s important to note that eligibility for specific programs and perks depends on factors such as the nature of the crime committed an inmates risk level and their behavior, during incarceration.
To make informed decisions, about their opportunities for growth and successful reentry into the community, inmates and their families can benefit from knowing the requirements for eligibility factors that may disqualify them and the various support available, under the First Step Act.
