Federal Criminal Justice Reform: What Is the First Step Act?

The bipartisan act will have a significant effect on the federal criminal justice system.

Federal Criminal Justice Reform: What Is the First Step Act?

In December 2018, President Donald Trump signed the First Step Act into law. This Act will change the lives of an estimated 30% of the federal prison population over the next 10 years, and enjoyed wide bipartisan support. After passing the Senate, the House voted in favor of the bill, 358 to 36. Shortly thereafter, President Trump signed it into law, ushering in a new era of criminal justice reform.

According to the Congressional Budget Office, more than 50,000 of the 181,000 inmates in the federal prison system will be affected by the First Step Act. However, as a criminal attorney Los Angeles, CA can explain, this act does not impact the majority of incarcerated people in the United States, who are held in state jails and prisons. There are more than 2.1 million people incarcerated in the United States, most of whom are held in state jails and prisons. The United States has the highest total prison population in the world.

So what exactly does the First Step Act do? First, it would give federal judges more discretion in sentencing, rather than requiring them to adhere to strict mandatory sentencing guidelines that can lead to harsh and often times unfair sentences. For people with limited criminal histories, judges would be permitted to use a “safety valve” to get around mandatory minimum sentencing guidelines. Automatic sentences for serious violent and drug charges would also be reduced by five to fifteen years.

Second, inmates will be able to earn “good-time credit” by participating in counseling programs under this act. This good-time credit will enable them to be released earlier, with some inmates being released as soon as the act takes effect. Under the act, prisons will be able to put together a program that addresses the needs of individual prisoners, such as parenting classes or addiction services. In addition, other incentives can be earned under the act, such as more time on the phone, increased visitation, access to email, increased commissary spending and consideration for a transfer.

Third, the act bans federal prisons from shackling pregnant prisoners and would require inmates to be imprisoned within 500 miles of their families. This increases the safety for pregnant women, and gives them dignity during their pregnancy. The act also prohibits shackling women for three months after their pregnancy and requires prisons to provide free sanitary supplies to female prisoners. In addition, prisoners must be incarcerated within 500 driving miles of their families to remove the burden of having to make long distance trips. Family visits make it easier for prisoners to reintegrate into society. The act also allows low-level offenders the option of serving their sentence through home confinement.

There are other components to the First Step Act, such as the banning of solitary confinement for most juvenile offenders. A seasoned criminal attorney Los Angeles, CA can help you understand how the act works and how it might affect you or your loved one.

At the Chambers Law Firm, we represent clients on both state and federal criminal charges. While the First Step Act only impacts federal prisoners and those facing federal charges, there are a number of California criminal justice reforms that may also bring relief to anyone facing criminal charges. If you have been charged with a criminal offense, we can help. Contact our office today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with an experienced criminal attorney Los Angeles, CA.

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