First Step Act

First Step Act (2018)

1) Link to the Text of the Act
Read the statute (Pub. L. 115–391)

2) Why It Was Done
The Act was passed to address concerns over mass incarceration, sentencing disparities, and prison conditions. It emphasized rehabilitation, reduced certain mandatory minimum sentences, and sought to give nonviolent offenders a fairer chance at reentry.

3) Pre-existing Law or Constitutional Rights
Before this Act, harsh sentencing laws from the 1980s “War on Drugs” era disproportionately impacted minority communities. The First Step Act amended prior sentencing laws, expanded programs under the Bureau of Prisons, and applied reforms retroactively.

4) Overreach or Proper Role?
Supporters argue it was a landmark bipartisan reform that corrected injustices in sentencing and improved prison rehabilitation. Critics say it didn’t go far enough and left systemic mass incarceration issues largely intact.

5) Who or What It Controls

  • Federal courts (sentencing guidelines and retroactive relief)
  • Federal Bureau of Prisons (BOP) (rehabilitation programs, earned-time credits)
  • Inmates (expanded eligibility for early release and reduced sentences)

6) Key Sections / Citations

  • Section 101: Risk and needs assessment system for inmates.
  • Section 402–403: Reduced mandatory minimums for some drug offenses; expanded “safety valve” relief.
  • Section 404: Made the Fair Sentencing Act of 2010 retroactive, reducing crack/powder cocaine disparities.
  • Section 603: Expanded compassionate release for elderly and terminally ill prisoners.

7) Recent Changes or Live Controversies

  • Implementation of earned-time credits has been uneven, with lawsuits over BOP compliance.
  • Ongoing debate about whether further reform is needed for violent offenses and mandatory minimums.
  • Continues to be a model for bipartisan criminal justice reform discussions.

8) Official Sources