group, to the extent practicable, prisoners with similar risk levels together
in recidivism reduction programming and housing assignments.
The act requires BOP, when developing the system, to take steps to
screen prisoners for dyslexia and to provide programs to treat prisoners
who have it.
IMPLEMENTATION OF THE RISK
AND NEEDS ASSESSMENT SYSTEM
Within 180 days of DOJ releasing the system, BOP is required to complete
the initial risk and needs assessment for each prisoner (including for
prisoners who were incarcerated before the enactment of the First
Step Act); begin to assign prisoners to appropriate recidivism reduction
programs based on the initial assessment; begin to expand the
recidivism reduction programs and productive activities available at BOP
facilities and add any new recidivism reduction programs and productive
activities necessary to effectively implement the system; and begin to
implement any other risk and needs assessment tools necessary to
effectively implement the system over time.
BOP is required to expand recidivism reduction programming and
productive activities capacity so that all prisoners have an opportunity
to participate in risk reduction programs within two years of BOP
completing initial risk and needs assessments for all prisoners. During
the two-year period when BOP is expanding recidivism reduction
programs and productive activities, prisoners who are nearing their
release date are given priority for placement in such programs.
BOP is required to provide all prisoners with the opportunity to participate
in recidivism reduction programs that address their criminogenic needs
or productive activities throughout their term of incarceration. High- and
medium-risk prisoners are to have priority for placement in recidivism
reduction programs, while the program focus for low-risk prisoners is on
participation in productive activities.
Prisoners who successfully participate in recidivism reduction
programming or productive activities are required to be reassessed not
less than annually, and high- and medium-risk prisoners who have less
than five years remaining until their projected release date are required
to have more frequent reassessments. If the reassessment shows that
a prisoner’s risk of recidivating or specific needs have changed, BOP is
required to reassign the prisoner to recidivism reduction programs or
productive activities consistent with those changes.
The DOJ is required to develop and administer a training program
for BOP employees on how to use the system. This training program
must include initial training to educate employees on how to use the
system in an appropriate and consistent manner, continuing education,
periodic training updates, and a requirement that employees biannually
demonstrate competence in administering the system.
To ensure that BOP is using the system in an appropriated and consistent
manner, DOJ is required to monitor and assess how the system is used at
BOP, including an annual audit of the system’s use.
Incentives and Rewards for Program Participation The First Step Act
requires the use of incentives and rewards for prisoners to participate
in recidivism reduction programs, including the following: additional
phone privileges, and if available, video conferencing privileges, of up
to 30 minutes a day, and up to 510 minutes a month; additional time
for visitation at the prison, as determined by the warden of the prison;
transfer to a facility closer to the prisoner’s release residence, subject to
the availability of bed space, the prisoner’s security designation, and the
recommendation from the warden of the prison at which the prisoner is
incarcerated at the time of making the request; and additional incentives
and rewards as determined by BOP, to include not less than two of the
following:
1) increased commissary spending limits and product offerings,
2) greater email access,
3) consideration for transfer to preferred housing units; and
4) other incentives solicited from prisoners and determined
appropriate by BOP.
Rewards or incentives prisoners earn are in addition to any other rewards
or incentives for which they may be eligible (e.g., good time credit under
18 U.S.C. Section 3624(b)).
EARNED TIME CREDITS FOR
PROGRAM PARTICIPATION
Under the act, prisoners who successfully complete recidivism reduction
programming are eligible to earn up to 10 days of time credits for every
30 days of program participation. Minimum and low-risk prisoners who
successfully completed recidivism reduction or productive activities
and whose assessed risk of recidivism has not increased over two
consecutive assessments are eligible to earn up to an additional five days
of time credits for every 30 days of successful participation. However,
prisoners serving a sentence for a conviction of any one of multiple
enumerated offenses are ineligible to earn additional time credits
regardless of risk level, though these prisoners are eligible to earn the
other incentives and rewards for program participation outlined above.
Offenses that make prisoners ineligible to earn additional time credits
can generally be categorized as violent, terrorism, espionage, human
trafficking, sex, and sexual exploitation, repeat felon in possession of
firearm, certain fraud, or high-level drug offenses. Prisoners who are
subject to a final order of removal under immigration law are ineligible for
additional earned time credits provided by the First Step Act.
Prisoners cannot retroactively earn time credits for programs they
completed prior to the enactment of the First Step Act, and they cannot
earn time credits for programs completed while detained pending
adjudication of their cases.
The act requires BOP to develop guidelines for reducing time credits
prisoners earned under the system for violating institutional rules or the
rules of recidivism reduction programs and productive activities. The
guidelines must also include a description of a process for prisoners to
earn back any time credits they lost due to misconduct.
PRERELEASE CUSTODY
A prisoner is not eligible to be placed in prerelease custody until
the amount of time credits the prisoner has earned is equal to the
remainder of his/her imposed term of imprisonment; the prisoner has
shown a reduced risk of recidivism or has maintained a minimum or
low recidivism risk during his/her term of imprisonment; the remainder
of his/her imposed term of imprisonment has been computed under
applicable law (e.g., any good time credits the prisoner has earned
have been credited to his/her sentence); and the prisoner has been
The TRUMP RALLY Publication 177