The First Step Act of 2018 is a U.S. federal law that reforms the criminal justice system by reducing sentences, expanding rehabilitation programs, and improving prison conditions.
Overview of the First Step Act
The First Step Act (FSA) is one of the most significant criminal justice reforms in recent U.S. history. Signed into law by President Donald Trump on December 21, 2018, it focuses on reducing mass incarceration, improving rehabilitation opportunities, and addressing racial and sentencing disparities in the federal prison system. The Act aims to create a fairer justice system while maintaining public safety.
This law primarily applies to federal inmates, meaning it does not directly affect state prison populations. However, its reforms set a precedent that has encouraged state-level changes in some jurisdictions.
Key Provisions of the First Step Act
The First Step Act includes several major reforms that impact sentencing laws, prison conditions, and rehabilitation programs. These reforms can be divided into three main areas: sentencing reforms, prison reforms, and reentry programs.
Sentencing Reforms
One of the most impactful aspects of the First Step Act is the modification of federal sentencing laws. These changes address mandatory minimums, sentencing disparities, and retroactive relief for past injustices.
Reduction of Mandatory Minimum Sentences
One of the most significant reforms in the First Step Act of 2018 is the reduction of mandatory minimum sentences for certain federal offenses, particularly nonviolent drug crimes. Before the Act, federal law imposed strict mandatory minimum sentences, leaving judges with little discretion in sentencing, even when mitigating circumstances were present. These laws, originally intended to deter drug-related crime, often resulted in harsh penalties that disproportionately affected minority communities and nonviolent offenders. The First Step Act reduces the severity of some of these mandatory minimums, giving judges greater flexibility and ensuring that penalties are more proportionate to the offense committed.
A major change introduced by the First Step Act is the reform of the three-strikes rule, which previously imposed an automatic life sentence for individuals convicted of three or more drug-related felonies. This rule was one of the strictest sentencing provisions under federal law, often leading to lifelong incarceration for nonviolent drug offenders, even in cases where their offenses did not involve violence or large-scale drug trafficking. Critics of the old three-strikes rule argued that it failed to account for rehabilitation efforts and did not distinguish between offenders with minor drug offenses and those involved in more serious criminal enterprises.
Under the First Step Act, the mandatory life sentence for a third drug-related felony has been reduced to 25 years. This change reflects a shift toward sentencing policies that balance accountability with rehabilitation. While 25 years remains a significant sentence, it provides a clear endpoint for offenders who might otherwise have been sentenced to life without parole. This reform better aligns federal sentencing laws with modern criminal justice perspectives, which emphasize reducing excessive incarceration while still maintaining public safety.
The First Step Act also broadens the eligibility criteria for the federal safety valve, a legal provision that allows certain nonviolent drug offenders to avoid mandatory minimum sentences. Before the Act, only offenders with very minimal or no prior criminal history could qualify for safety valve relief, severely limiting its impact. Many individuals with minor prior offenses, such as low-level drug possession charges, were excluded from consideration, even if they were not career criminals or involved in large-scale drug operations.
With the expanded safety valve provision, more nonviolent drug offenders now qualify for sentencing relief. This means that judges have the discretion to impose sentences below the mandatory minimum when the defendant meets certain criteria, such as not being a leader of a criminal organization, not using violence, and demonstrating genuine efforts toward rehabilitation. By allowing more individuals to benefit from safety valve relief, the First Step Act reduces unnecessary incarceration, helps prevent prison overcrowding, and redirects correctional resources toward individuals who pose a greater threat to public safety.
The reduction of mandatory minimum sentences under the First Step Act represents a major step toward a fairer and more balanced criminal justice system. These reforms acknowledge that harsh, one-size-fits-all sentences do not always serve justice and that individual circumstances should play a role in determining appropriate punishments. By giving judges greater discretion, the Act ensures that sentencing decisions are more nuanced, equitable, and rehabilitative rather than purely punitive.
Retroactive Fair Sentencing Act of 2010
One of the most impactful sentencing reforms in the First Step Act of 2018 is its retroactive application of the Fair Sentencing Act of 2010. The Fair Sentencing Act, signed into law by President Barack Obama, was designed to address the racial disparities in federal drug sentencing laws, particularly those related to crack and powder cocaine. Before this reform, federal law imposed much harsher penalties for crack cocaine offenses than for powder cocaine offenses, despite both substances being chemically similar. Under the Anti-Drug Abuse Act of 1986, the sentencing disparity between crack and powder cocaine was 100 to 1, meaning that a person caught with just 5 grams of crack cocaine received the same mandatory minimum sentence as someone caught with 500 grams of powder cocaine. This disproportionate sentencing structure led to severe racial disparities, as crack cocaine was more commonly found in low-income Black communities, while powder cocaine was more prevalent in wealthier, predominantly White communities.
The Fair Sentencing Act of 2010 sought to correct this injustice by reducing the sentencing disparity from 100 to 1 down to 18 to 1, eliminating the five-year mandatory minimum sentence for simple possession of crack cocaine, and increasing the amount of crack cocaine necessary to trigger mandatory minimum sentences. However, while this law significantly improved sentencing fairness, it did not apply retroactively, meaning that individuals who had already been sentenced under the old 100-to-1 disparity remained incarcerated under excessive prison terms, even though the law had changed. The First Step Act of 2018 addressed this gap by making the Fair Sentencing Act’s provisions retroactive, allowing thousands of federal prisoners, many of whom were serving long sentences for nonviolent crack cocaine offenses, to petition for sentence reductions and early release.
This retroactive application has had a particularly significant impact on Black defendants, who were disproportionately sentenced under the old laws. Studies show that over 80% of individuals convicted for federal crack cocaine offenses were Black, even though data indicates that crack cocaine use was not exclusive to any one racial group. By making these sentencing reductions retroactive, the First Step Act helped correct decades of racial injustice in federal drug sentencing, giving affected individuals an opportunity to seek fairer punishments based on modern standards. The provision has led to the early release of thousands of incarcerated individuals, reuniting families and reducing the burden of mass incarceration in federal prisons. However, some advocates argue that even an 18-to-1 disparity remains unjust and that further reforms are needed to fully eliminate sentencing disparities between crack and powder cocaine in the future.
Prison Reforms
The First Step Act also includes major improvements to federal prison conditions and expands rehabilitative programs for inmates. These changes aim to reduce recidivism and ensure that incarcerated individuals have better opportunities to reintegrate into society.
Earned Time Credits and Early Release
One of the most significant changes in the First Step Act is the creation of an earned time credit system. Under this provision:
- Inmates can earn time credits by participating in rehabilitative programs, educational courses, and vocational training.
- Time credits can be applied toward pre-release custody, such as halfway houses or home confinement.
- Risk assessment tools are used to determine eligibility for earned time credits, prioritizing low-risk and nonviolent offenders.
Improved Prison Conditions
The Act also addresses inhumane prison conditions by implementing new policies, including:
- Banning shackling of pregnant women in federal prisons.
- Requiring inmates to be placed closer to their families, when possible, to improve family connections.
- Increasing access to hygiene products for female inmates.
- Mandating an independent review of prison conditions to improve oversight.
Reentry and Rehabilitation Programs
The First Step Act emphasizes reducing recidivism by improving reentry programs. The law supports evidence-based rehabilitation efforts to help inmates successfully return to society.
Expansion of Vocational and Educational Programs
The Act increases funding for vocational training, education, and substance abuse treatment within federal prisons. Research shows that inmates who participate in these programs are less likely to reoffend after release.
- Job training programs help inmates develop skills needed in the workforce.
- GED and college courses provide educational opportunities to improve employment prospects.
- Substance abuse programs offer treatment for addiction, which is a major factor in criminal behavior.
Supervised Release and Community Support
To ease the transition from prison to society, the First Step Act includes:
- Expanded access to halfway houses and home confinement.
- More support for community-based organizations that assist former inmates.
- Mentorship programs to guide newly released individuals in employment and social reintegration.
Impact of the First Step Act
Since its passage, the First Step Act has led to the release or sentence reduction of thousands of federal prisoners. It has helped address racial disparities in sentencing and provided better rehabilitation opportunities for inmates.
Success Stories and Challenges
The Act has been praised for reducing excessive sentences and improving prison conditions. Many former inmates have successfully reintegrated into society thanks to education, job training, and substance abuse treatment programs.
However, there have been challenges in implementation. Some critics argue that:
- The risk assessment tool used to determine eligibility for early release has biases that could disadvantage certain groups.
- Not all rehabilitation programs are widely available across federal prisons.
- Some provisions of the Act rely on continued funding, which can be affected by political and budgetary changes.
Future of Criminal Justice Reform
The First Step Act represents a major step forward in federal criminal justice reform, but many advocates believe more changes are needed. Future reform efforts could focus on:
- Expanding the First Step Act’s provisions to include more offenses and more state-level systems.
- Addressing disparities in risk assessment tools to ensure fairness.
- Increasing funding for rehabilitation programs to maximize their impact.
Conclusion
The First Step Act of 2018 has significantly changed the federal criminal justice system by reducing sentences, improving prison conditions, and expanding rehabilitation programs. While it has already had a positive impact, ongoing efforts are needed to ensure long-term success in criminal justice reform.
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Last Modified: 02/27/2025