There Will Be a Morning After: Compassionate Release and the Impact of the First Step Act

• In Event: Legal Resistance, Abolition, and Reductions in Punishment

Abstract

Mass incarceration, particularly among communities of color, remains one of the most pressing issues in the U.S. criminal justice system. Compassionate release offers a potential remedy for addressing the human toll of mass incarceration. Originally designed to allow individuals with terminal illnesses or severe health conditions to be released early from prison, compassionate release was expanded through the 2018 First Step Act, which broadened eligibility. Additionally, the Comprehensive Crime Control Act of 1984 and the First Step Act introduced key reforms to sentencing and federal prisons guidelines, making compassionate release more accessible to a broader range of individuals. These changes are examined within the context of the broader criminal justice reform movement, which seeks to reduce punitive sentencing. Compassionate release and the First Step Act offer opportunities to reduce incarceration for nonviolent and aging individuals, yet the success of these reforms is often contingent on systemic factors such as racial equality and access to legal advocacy, medical evidence, and judicial discretion. This study will address compassionate release and the First Step Act’s significant steps toward reducing mass incarceration and the impact in relation to racial bias and systemic inequality within the criminal justice system.

Authors

• Kyle Raymond Hollar-Gregory, LaGuardia Community College - CUNY

• Lloyd Klein, LaGuardia Community College