What Is the First Step Act and Who Qualifies to Benefit From It?

Quick Answer: What Is the First Step Act?

The First Step Act is a federal criminal justice reform law enacted in 2018 that allows eligible federal inmates to reduce their prison sentences by earning time credits through rehabilitation programs, education, and other approved activities.

These earned time credits can lead to earlier release to halfway houses, home confinement, or supervised release.

Most federal inmates with low or minimum recidivism risk scores, as determined by the "PATTERN" system, can earn 10 to 15 days of credit for every 30 days they participate in approved programs.

The Act retroactively applied the Fair Sentencing Act, reducing mandatory minimums for certain drug offenders and expanding the "safety valve" to allow for lighter sentences for those with limited criminal histories.

Your best chance for a favorable outcome is with an experienced California federal criminal defense attorney at Eisner Gorin LLP. To schedule a consultation, call (818) 781-1570 or contact us here.

Overview of the First Step Act

The First Step Act (FSA) represents one of the most significant federal criminal justice reforms in recent decades.

Passed by Congress with bipartisan support and signed into law on December 21, 2018, the Act was designed to improve fairness in sentencing and encourage rehabilitation for federal prisoners.

The law's full name is the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act.

While the name is lengthy, the goal is straightforward: reduce recidivism and give incarcerated individuals meaningful opportunities to prepare for successful reentry into society.

The First Step Act focuses heavily on rehabilitation and incentives for inmates who participate in educational, vocational, and behavioral programs. Eligible inmates can earn time credits that may reduce the time they spend in federal prison.

Importantly, the First Step Act applies only to federal prisoners. Individuals serving sentences in state prisons are not affected by this law.

Major Goals of the First Step Act

The First Step Act was enacted in response to concerns that the federal criminal justice system relied too heavily on punishment rather than rehabilitation.

The law seeks to accomplish several important goals, including:

Reducing recidivism among federal prisoners
Encouraging participation in rehabilitative programs
Improving conditions within federal prisons
Allowing eligible inmates to earn earlier release opportunities
Reforming certain mandatory minimum sentencing rules

By focusing on rehabilitation, the law aims to help individuals successfully transition back into their communities after incarceration.

What Are First Step Act Earned Time Credits?

One of the most significant aspects of the First Step Act is the earned time credit system.

Under this program, federal inmates can earn credits toward earlier release by participating in approved programs that reduce the risk of reoffending.

These programs are known as Evidence-Based Recidivism Reduction Programs (EBRRs) and Productive Activities.

Generally, inmates may earn:

10 days of time credits for every 30 days of successful participation in qualifying programs
Up to 15 days of credits per 30 days if they maintain a low recidivism risk and continue participating in programming

These credits can be used to move inmates into pre-release custody, such as:

Residential reentry centers (halfway houses)
Home confinement
Early supervised release

The credits can significantly accelerate an inmate's projected release date from federal custody.

Expansion of Good Conduct Time

The First Step Act also expanded the amount of good conduct time that federal inmates can earn for maintaining good behavior.

Before the law was passed, inmates could earn up to 47 days per year off their sentence for good behavior.

The First Step Act increased this amount to 54 days per year, allowing inmates to reduce their prison sentences more quickly through positive conduct.

Programs That Qualify for Earned Time Credits

The Federal Bureau of Prisons (BOP) offers a variety of approved programs that allow inmates to earn First Step Act time credits.

These programs are designed to help inmates develop skills that improve their chances of successful reintegration after release.

Examples include:

Vocational Training Programs

Vocational programs provide inmates with job skills in areas such as construction, manufacturing, or computer technology. These skills can improve employment opportunities after release.

Substance Abuse Treatment Programs

Substance abuse programs help inmates address addiction issues and reduce the likelihood of drug-related recidivism.

Educational Programs

Education programs may include GED classes, college courses, and literacy programs designed to improve long-term employment prospects.

Anger Management Programs

These programs teach inmates how to manage anger, conflict, and stress constructively.

Family-Based Programs

Programs focused on strengthening family relationships help inmates maintain healthy support systems during and after incarceration.

Reentry Preparation Programs

Reentry programs help inmates prepare for life after prison by providing assistance with housing, employment, and financial planning.

Restorative Justice Programs

These programs focus on accountability and repairing harm caused by criminal conduct.

Who Qualifies for First Step Act Benefits?

Eligibility for First Step Act time credits depends on several factors.

To qualify, an inmate generally must:

Be serving a federal sentence
Not be convicted of a disqualifying offense
Participate in approved rehabilitation programs
Receive a low or minimum risk score on the PATTERN risk assessment system

The PATTERN tool evaluates an inmate's likelihood of reoffending and determines eligibility for certain benefits.

Disqualifying Offenses Under the First Step Act

Some federal crimes make inmates ineligible for earned time credits.

Examples of disqualifying offenses include:

Murder
Espionage
Terrorism
Human trafficking
Certain sex offenses
Habitual domestic violence

Individuals convicted of these crimes generally cannot receive earned time credits under the First Step Act.

However, they may still qualify for other programs or forms of sentence reduction.

The PATTERN Risk Assessment System

The Federal Bureau of Prisons uses the PATTERN risk assessment system to determine an inmate's likelihood of recidivism.

PATTERN stands for Prisoner Assessment Tool Targeting Estimated Risk and Needs.

This tool evaluates factors such as:

Criminal history
Age
Institutional conduct
Program participation

Inmates with minimum or low PATTERN scores typically have the greatest opportunity to benefit from the First Step Act's earned time credit program.

Compassionate Release Under the First Step Act

The First Step Act also expanded access to compassionate release.

Compassionate release allows inmates to seek early release from prison for extraordinary and compelling reasons.

Examples include:

Serious medical conditions
Terminal illness
Advanced age
Family emergencies

Before the law was passed, only the Bureau of Prisons could request compassionate release. The First Step Act now allows inmates to petition federal courts directly.

Early Transfer to Pre-Release Custody

First Step Act credits can allow eligible inmates to transfer to less restrictive custody settings before completing their prison sentences.

These include:

Halfway houses (Residential Reentry Centers)
Home confinement
Supervised release

The goal is to help inmates gradually transition back into society while still maintaining supervision.

Related Federal Crimes and Sentencing Issues

The First Step Act primarily affects people convicted of federal offenses and serving time in the Federal Bureau of Prisons.

Many of the individuals who may qualify for earned time credits were convicted of non-violent federal crimes. Below are some of the most common federal offenses connected to First Step Act eligibility and federal sentencing reform.

21 U.S.C. § 841 – Federal Drug Trafficking

Federal drug trafficking laws prohibit the manufacture, distribution, or possession with intent to distribute controlled substances. Many federal inmates serving sentences for drug offenses may qualify for First Step Act earned time credits if they participate in approved rehabilitation programs and meet eligibility requirements.

18 U.S.C. § 1343 – Federal Wire Fraud

Wire fraud involves using electronic communications such as phone calls, emails, or internet transmissions to carry out fraudulent schemes. Individuals convicted of non-violent financial crimes like wire fraud may qualify for certain First Step Act benefits, including earned time credits for participating in approved programs.

18 U.S.C. § 1341 – Federal Mail Fraud

Mail fraud occurs when the postal service or interstate delivery services are used to execute a scheme to defraud. Similar to wire fraud, defendants convicted of mail fraud may be eligible for First Step Act programs designed to reduce recidivism and encourage rehabilitation.

18 U.S.C. § 1956 – Federal Money Laundering

Money laundering involves conducting financial transactions designed to conceal the proceeds of illegal activities. Because many money laundering offenses are classified as non-violent crimes, some inmates convicted of this offense may qualify for First Step Act earned time credits.

18 U.S.C. § 371 – Federal Conspiracy

Federal conspiracy charges apply when two or more individuals agree to commit a federal crime and take a step toward completing that plan. Conspiracy charges are frequently filed alongside other offenses such as fraud or drug trafficking, and sentencing for conspiracy cases is often calculated using the federal sentencing guidelines.

18 U.S.C. § 922(g) – Felon in Possession of a Firearm

This federal law makes it illegal for convicted felons to possess firearms or ammunition. While firearms offenses carry serious penalties, eligibility for First Step Act programs depends on the specific details of the conviction and the inmate's criminal history.

18 U.S.C. § 2252 – Federal Child Exploitation and Child Pornography

Federal law prohibits producing, distributing, receiving, or possessing sexually explicit images involving minors. These crimes typically carry severe penalties and are among the offenses that may disqualify individuals from certain First Step Act-earned time credits.

Federal Mandatory Minimum Sentences

Many federal crimes carry mandatory minimum sentences that limit a judge's discretion at sentencing. The First Step Act reformed some of these sentencing rules, particularly for certain drug offenses, giving judges more flexibility when imposing sentences.

Frequently Asked Questions

What is the First Step Act?

The First Step Act is a federal law passed in 2018 that allows eligible federal prisoners to earn time credits for participating in rehabilitation programs, potentially reducing their prison sentences.

Who qualifies for First Step Act time credits?

Federal inmates who are classified as minimum or low risk and who participate in approved rehabilitation programs may qualify for earned time credits.

How many days can inmates earn under the First Step Act?

Inmates may earn 10 days of credit for every 30 days of programming, increasing to 15 days if they maintain a low risk level and consistently participate in approved programs.

Does the First Step Act apply to state prisoners?

No. The First Step Act applies only to federal inmates serving sentences in the Federal Bureau of Prisons.

Can violent offenders benefit from the First Step Act?

Many violent crimes are ineligible for time credits under the Act, although other sentencing reforms and compassionate release provisions may still apply.

Speak With a Federal Criminal Defense Attorney

Federal sentencing laws and prison credit systems can be complex. Determining eligibility for First Step Act benefits often requires a detailed review of the conviction, sentence structure, and prison records.

An experienced federal criminal defense lawyer can help evaluate whether you or a family member may qualify for sentence reductions, earned time credits, or compassionate release.

Eisner Gorin LLP is a nationally recognized criminal defense law firm with offices in Los Angeles, California.

Call 818-781-1570 to schedule a confidential consultation and discuss your legal options.

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