Taking the First Step: Criminal Justice Reform and the Impact of the First Step Act

• In Event: Emerging Carceral Issues

Abstract

The First Step Act was signed into law in December 2018. Under the provisions of this legislation, the Attorney general was empowered to develop a risk and needs assessment system to be applied by the Bureau of Prisons in assessing recidivism risk and needs of federal prisoners and to prisoners in recidivism reducing programs. In addition, federal prisoners are provided guidance on programs applicable to rehabilitative needs, mandating assistance to inmates for securing federal and state benefits, changes in good time application, eliminating restraints on pregnant female offenders, and eliminating solitary confinement for juveniles. This paper offers an assessment of the impact of the First Step Act since its implementation. Statistical analysis from state application of the legislation will be utilized in the federal and state adaptation of the law. Analysis is directed to strains upon rehabilitative measures as reflected by the actions of the U.S. Supreme Court in diluting a key provision of the First Step Act and Louisiana legislation embracing harsh criminal practices reflecting policies from five decades ago. An overall assessment is offered regarding visions of justice model adherents vs. reform groups such as the Sentencing Project in contemplating the prospective direction of criminal justice reform.

Author

• Lloyd Klein, LaGuardia Community College, CUNY