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Understanding the Benefits of the First Step Act

Dmitriy Smirnov
December 11, 2024
 White Collar Crime

When facing federal criminal charges, selecting a defense lawyer with a deep understanding of the federal sentencing regime is critical. Federal sentencing involves complex considerations, including statutory minimum and maximum penalties, the nuanced calculations under the U.S. Sentencing Guidelines, and important legislative reforms like the First Step Act (FSA), which expanded opportunities for sentence reductions and early release. A knowledgeable defense attorney can navigate these intricacies to advocate for a fair sentence, identify grounds for leniency, and leverage evolving legal standards to their client’s advantage. Effective representation during sentencing can significantly impact the outcome, making the choice of counsel a pivotal decision.

The FSA, signed into law in December 2018, introduced significant reforms to the federal criminal justice system, including sentencing reductions and increased opportunities for rehabilitation. Its impact on a federal detainee depends on their eligibility and circumstances. Below are the primary ways the Act could affect a detainee.

Reduced Sentences for Certain Offenses

One of the core components of the FSA is the retroactive application of the Fair Sentencing Act of 2010. This change reduced the sentencing disparity between crack and powder cocaine offenses. Eligible detainees convicted before 2010 can petition for reduced sentences.

Good Conduct Time Adjustments

The Act recalculated good conduct time to allow inmates to earn up to 54 days of credit per year of their sentence, instead of 47. This adjustment enables many detainees to reduce their sentences and achieve earlier release dates.

Increased Opportunities for Rehabilitation

The FSA emphasizes rehabilitation by expanding access to evidence-based programs. Participation in these programs can earn detainees additional time credits, accelerating their eligibility for early release or transfer to supervised reentry programs. These initiatives focus on equipping inmates with skills and resources for successful reintegration into society.

Compassionate Release Provisions

The Act expanded criteria for compassionate release, allowing elderly or terminally ill detainees to apply for sentence reductions. This reform provides a pathway for vulnerable populations to seek relief under humane conditions.

Transparency in Facility Operations

To improve transparency, the FSA mandated the Department of Justice to develop a risk and needs assessment tool, ensuring detainees are matched with programs that best address their needs. It also requires public reporting on facility conditions and inmate demographics, promoting accountability and improvements in correctional facilities.

How Fridman Fels & Soto Can Help

Navigating the provisions of the First Step Act can be complex. Fridman Fels & Soto offers expert legal guidance to:

  • Evaluate eligibility for sentence reductions or early release.
  • Assist with petitions for compassionate release.
  • Advocate for appropriate placement in rehabilitation programs.

Our team is dedicated to helping clients understand and leverage the benefits of the First Step Act. Contact us today to learn how we can assist with your case.

Frequently Asked Questions

  1. Who is eligible for sentence reductions under the First Step Act? Eligibility depends on the nature of the offense, the date of conviction, and the detainee’s behavior during incarceration. For example, those convicted of crack cocaine offenses prior to 2010 may qualify under the retroactive application of the Fair Sentencing Act.
  2. How can detainees earn time credits for early release? Detainees can earn time credits by participating in evidence-based recidivism reduction programs or productive activities. These credits can accelerate their eligibility for early release or transfer to community-based supervision.
  3. What types of programs are available under the First Step Act? Programs include vocational training, education, substance abuse treatment, and other initiatives aimed at reducing recidivism and preparing detainees for reintegration into society.
  4. How does the risk and needs assessment tool work? The risk and needs assessment tool evaluates an inmate’s likelihood of reoffending and identifies the most appropriate programs to address their needs. This ensures individualized treatment and better outcomes.
  5. Can elderly inmates apply for early release? Yes, the Act expanded criteria for compassionate release, allowing elderly inmates who meet specific conditions, such as age and time served, to request sentence reductions.
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