determined to be a minimum or low risk to recidivate based on his/
her last two assessments, or has had a petition to be transferred
to prerelease custody approved by the warden, after the warden’s
determination that the prisoner:
1) would not be a danger to society if transferred to
prerelease custody,
2) has made a good faith effort to lower his/her recidivism risk
through participation in recidivism reduction programs or
productive activities, and
3) is unlikely to recidivate.
A prisoner who is required to serve a period of supervised release after
his/her term of incarceration and has earned time credits equivalent to
the time remaining on his/her prison sentence can be transferred directly
to supervised release if the prisoner’s latest reassessment shows that
he/she is a minimum or low risk to recidivate.
However, BOP cannot allow a prisoner to start serving a period of
supervised release more than 12 months before he/she would otherwise
be eligible to do so. If a prisoner has earned more than 12 months of
additional time credits, the amount in excess of 12 months would be
served in prerelease custody. Prisoners who are placed on prerelease
custody on home confinement are subject to a series of conditions. Per
the act, prisoners on home confinement are required to have 24-hour
electronic monitoring that enables the identification of their location and
the time, and must remain in their residences, except to; go to work or
participate in job-seeking activities, participate in recidivism reduction
programs or similar activities, perform community service, participate
in crime victim restoration activities, receive medical treatment, attend
religious activities, or participate in family-related activities that facilitate a
prisoner’s successful reentry.
When monitoring adherence to the conditions of prerelease custody,
BOP is required, to the extent practicable, to reduce the restrictiveness
of those conditions for prisoners who demonstrate continued
compliance with their conditions. If a prisoner violates the conditions of
prerelease custody, BOP is authorized to place more conditions on the
prisoner or revoke prerelease custody and require the prisoner to serve
the remainder of the sentence in prison. If the violation is nontechnical
in nature (e.g., committing a new crime), BOP is required to revoke
the prisoner’s prerelease custody. The BOP is required to expand its
capacity, if necessary, so that all eligible prisoners can be placed in
prerelease custody.
REPORTING REQUIREMENTS
The act requires the submission of several reports to help Congress
oversee the implementation and assess the effects of the system.
DEPARTMENT OF JUSTICE REPORT TO CONGRESS
Two years after the enactment of the First Step Act, and each year
thereafter for the next five years, DOJ is required to submit a report
to the House and Senate Judiciary Committees and the House and
Senate Subcommittees on Commerce, Justice, Science, and Related
Agencies (CJS) Appropriations that includes information on the types and
effectiveness of recidivism reduction programs and productive activities
provided by BOP, including the capacity of each program and activity at
each prison and any gaps or shortages in capacity of such programs and
activities; the recidivism rates of prisoners released from federal prison,
based on the following criteria:
1) the primary offense of conviction,
2) the length of the sentence imposed and served,
3) the facility or facilities in which the prisoner’s sentence was served,
4) the type of recidivism reduction programming,
5) prisoners assessed and reassessed risk of recidivism; and
6) the type of productive activities.
The status of prison work programs offered by BOP, including a strategy
to expanding prison work opportunities for prisoners without reducing
job opportunities for nonincarcerated U.S. workers; and any budgetary
savings that have resulted from the implementation of the act, and a
strategy for investing those savings in other federal, state, and local law
enforcement activities and expanding recidivism reduction programs and
productive activities at BOP facilities.
REPORT FROM THE INDEPENDENT
REVIEW COMMITTEE
Within two years of the enactment of the First Step Act, the Independent
Review Committee is required to submit a report to the House
and Senate Judiciary Committees and the House and Senate CJS
Appropriations Subcommittees that includes; a list of all offenses that
make prisoners ineligible for earned time credits under the system, and
the number of prisoners excluded for each offense by age, race, and sex;
the criminal history categories of prisoners ineligible to receive earned
time credits under the system, and the number of prisoners excluded for
each category by age, race, and sex; the number of prisoners ineligible
for earned time credits under the system who did not participate in
recidivism reduction programming or productive activities by age,
race, and sex; and any recommendations for modifications to the list of
offenses that make prisoners ineligible to earn time credits and any other
recommendations regarding recidivism reduction.
GOVERNMENT ACCOUNTABILITY OFFICE AUDIT
Within two years of BOP implementing the system, and every two years
thereafter, the Government Accountability Office is required to audit
how the system is being used at BOP facilities. The audit must include
an analysis of the following: whether prisoners are being assessed
under the system with the required frequency; whether BOP is able
to offer recidivism reduction programs and productive activities as
defined in 18 U.S.C. Section 3632(f); whether BOP is offering the type,
amount, and intensity of recidivism reduction programs and productive
activities that allow prisoners to earn the maximum amount of additional
time credits for which they are eligible; whether DOJ is carrying out the
duties required by the First Step Act; whether employees of the BOP
are receiving the training required by the act; whether BOP offers work
assignments to all prisoners who might benefit from them; whether BOP
transfers prisoners to prerelease custody or supervised release as soon
as they are eligible; and the rates of recidivism among similarly classified
prisoners to identify any unwarranted disparities, including disparities
among similarly classified prisoners of different demographic groups.
AUTHORIZATION OF APPROPRIATIONS
The First Step Act authorizes $75 million per fiscal year from FY 2019
to FY 2023 for DOJ to establish and implement the system; 80% of this
178 The TRUMP RALLY Publication