The First Step Act Broken Down

The First Step Act of 2018

This page is under construction

Breaking down the most significant portions of the law, the First Step Act requires the following:

• The creation of a Risk and Needs Assessment system.
• Places limits on the use of restraints on prisoners during the period of pregnancy and postpartum recovery prohibited.
• Reduced and restricted enhanced sentencing for prior drug felonies. 
• Broadened of existing safety valve rules.
• Clarified the rules of section 924(c) of title 18, United States Code. 
• Reauthorized the Second Chance Act of 2007.
• Placement of prisoners close to families.
• Home confinement for low-risk prisoners.
• Federal prisoner reentry initiative reauthorization; modification of imposed term of imprisonment. 
• Identification for returning citizens.

This web site will focus on the most significant portion of the First Step Act, that being the Risk and Needs Program and the benefits of participating in Evidence Based Recidivism Reduction Programming and Productive Activities.

Creation of a Risk and Needs Assessment System.

The BOPs answer to the “Risk” portion of the law was the creation of The PATTERN Risk Assessment (covered in Understanding PATTERN). The “Needs” portion of the law was the BOPs creation of the SPARC-13 survey as well as other assessments including medical, phycological and educational needs as well as dyslexia screenings. (Covered in Understanding SPARC-13, coming soon). In more specific terms, the law;

1: Requires the BOP to determine the recidivism risk of each prisoner as part of the intake process, and classify each prisoner as having minimum,    low, medium, or high risk for recidivism. This is the PATTERN Risk Assessment;

2: Requires the BOP to assess and determine, to the extent practicable, the risk of violent or serious misconduct of each prisoner. This is also covered in PATTERN;

3: Requires the BOP to determine the type and amount of evidence-based recidivism reduction programming that is appropriate for each prisoner and assign each prisoner to such programming accordingly, and based on the prisoner’s specific criminogenic needs. This is the SPARC 13 Assessment as well as Psychological, Medical and Educational needs.

4: Requires the BOP to reassess the recidivism risk of each prisoner periodically, based on factors including indicators of progress, and of regression, that are dynamic and that can reasonably be expected to change while in prison; This is handled during “Team Meetings”, typically a 6 month review of your progress while in custody. Team Meetings are handled by the Unit Team.

5: Requires the BOP to reassign the prisoner to appropriate evidence-based recidivism reduction programs or productive activities based on the revised determination to ensure that:

     (A) all prisoners at each risk level have a meaningful opportunity to reduce their classification during the period of incarceration;

     (B) to address the specific criminogenic needs of the prisoner; and

     (C) all prisoners are able to successfully participate in such programs;

6: Requires the BOP to determine when to provide incentives and rewards for successful participation in evidence-based recidivism reduction programs or productive activities; In addition to earning FSA Time Credits towards an early release to Halfway House/Home Confinement/Supervised Release, there are additional awards that an inmate can receive including Increased Commissary Spending Limits, Preferred Housing (if available), Increased Visitation and Phone Time, etc.

7: Requires the BOP to determine when a prisoner is ready to transfer into prerelease custody or supervised release in accordance with section 3624; and

8: Requires the BOP to determine the appropriate use of audio technology for program course materials with an understanding of dyslexia.