Abstract Show The report’s first section highlights the U.S. Department of Justice’s (DOJ’s) progress and efforts in implementing the FSA since the first FSA Annual Report. It notes that DOJ and the Federal Bureau of Prisons (BOP) have continued to make progress in fully implementing the FSA since the last Annual Report. This includes further update and implementation of the Risk and Needs Assessment System and an expansion of inmates’ abilities to participate in evidence-based rehabilitative programming. Section II discusses the implementation and validation of the Prisoner Assessment Tool Targeting Estimated Risk and Needs (PATTERN). Followed by Section III, which summarizes the BOP’s work in developing, expanding, evaluating, and auditing the evidence-based recidivism reduction programs and productive activities. Section IV presents data on recidivism rates for inmates released from federal prisons under the FSA since the last report. Section V discusses expansions of inmate work programs since the last FSA Annual Report. Section VI lists the policies and guidance issued by the BOP in implementing the FSA’s requirements. Section VII briefly assesses the progress made by DOJ in fulfilling FSA mandates, such as refining its needs assessment system. Section VIII reports on budgetary savings from the implementation of the FSA, noting, however, that it is too early to determine any savings achieved. Section IX reports on the testing conducted among BOP inmates in screening for the prevalence of dyslexia. The BOP has established an FSA Resource Page on its public website: https://www.bop.gov/inmates/fsa/index.jsp Today, the Department of Justice announced that a new rule has been submitted to the Federal Register implementing the Time Credits program required by the First Step Act for persons incarcerated in federal facilities who committed nonviolent offenses. As part of the implementation process, the Federal Bureau of Prisons (BOP) has begun transferring eligible inmates out of BOP facilities and into either a supervised release program or into Residential Reentry Centers (RRCs) or home confinement (HC). “The First Step Act, a critical piece of bipartisan legislation, promised a path to an early return home for eligible incarcerated people who invest their time and energy in programs that reduce recidivism,” said Attorney General Merrick B. Garland. “Today, the Department of Justice is doing its part to honor this promise, and is pleased to implement this important program.” The First Step Act of 2018 provides eligible inmates the opportunity to earn 10 to 15 days of time credits for every 30 days of successful participation in Evidence Based Recidivism Reduction Programs and Productive Activities. The earned credits can be applied toward earlier placement in pre-release custody, such as RRCs and HC. In addition, at the BOP Director’s discretion, up to 12 months of credit can be applied toward Supervised Release. Inmates are eligible to earn Time Credits retroactively back to Dec. 21, 2018, the date the First Step Act was enacted, subject to BOP’s determination of eligibility. Implementation will occur on a rolling basis, beginning with immediate releases for inmates whose Time Credits earned exceed their days remaining to serve, are less than 12 months from release, and have a Supervised Release term. Some of these transfers have already begun, and many more will take place in the weeks and months ahead as BOP calculates and applies time credits for eligible incarcerated individuals. The final rule will be published by the Federal Register in the coming weeks and will take immediate effect. The rule, as it was submitted to the Federal Register, can be viewed here: https://www.bop.gov/inmates/fsa/docs/bop_fsa_rule.pdf Please note: This is the text of the First Step Act Time Credits final rule as signed by the Director of the Federal Bureau of Prisons, but the official version of the final rule will be as it is published in the Federal Register. “FAMM is promoting federal mandatory minimum sentencing reforms, “second look” sentencing reform, prison oversight, clemency reforms, and prison reforms in the 117th Congress, which begins on January 3, 2021, and runs until December 31, 2022. We will also be supporting implementation of the First Step Act, a prison and sentencing reform bill signed into law on December 21, 2018, including promotion of its retroactive application. As reform bills are
introduced in Congress, FAMM’s summaries and positions on them will be posted below. Contact Molly Gill, our Vice President of Policy, at for assistance with legislation. Learn more about our Federal Second Chances Agenda. Learn more about some of our legislative priorities this year. We stand ready to help members of Congress on the following kinds of sentencing and prison reforms:
Prison Reform MORE People who are incarcerated deserve dignity, transparency, and safety. Check back here to hear more about federal prison reform proposals that we support,
especially on FAMM priorities like prison oversight and First Step Act implementation. Bills We Oppose MORE Despite 30 years of evidence showing that mandatory minimum sentences don’t work, members of Congress still often resort to them as a quick-fix “solution” to crime concerns. In reality, these harsh, knee-jerk responses don’t get at the root causes of crime or make Americans safer. FAMM opposes legislation that would create new, additional, or increased mandatory minimum sentences for federal crimes. FAMM opposes all mandatory minimum sentences because they are expensive, fill prisons, threaten federal funding for other effective crime-fighting programs and victims, and produce unjust results. FAMM also opposes the creation of federal mandatory minimum sentences for crimes the states are already policing and punishing themselves. Check back soon for current legislation we oppose.
Past Work MORE Federal Sentencing ReformSecond Look Act (H.R. 3795/S. 2146) The Second Look Act is a first of its bill that would allow judges to resentence individuals with lengthy sentences after 10 years of incarceration if the judge finds that the individual is not a danger to public safety and has shown they are prepared for reentry. This bold legislation would allow our courts to relieve thousands of individuals from excessive sentences and reward individuals for their rehabilitation Read our summary of the Second Look Act Read more about the Second Look Act in our press release. Watch MSNBC’s coverage of the Second Look Act featuring FAMM Fellow Matthew Charles The HEROES Act (H.R. 6800) The HEROES Act is the most recent broad COVID-19 relief package passed by the House of Representatives. It includes a number of provisions that would encourage increased releases from prison for especially vulnerable people, as well as improve general safety inside prisons during the pandemic. FAMM supports these provisions. Read Our Summary of Criminal Justice Provisions in The HEROES Act Visit our COVID-19 Resources page to learn about FAMM’s advocacy during COVID-19. Prison ReformPell Grant Restoration Returning Pell Grant eligibility to people in prisons will dramatically increase the number of people who can afford to pursue college education while incarcerated, as well as the number of college programs available. After years of advocacy, bipartisan legislation called the REAL Act, authored by Senator Brian Schatz (D-HI), was included in Congress’s annual spending bill, which passed in December 2020 and was signed by the President. This new law restores Pell Grant eligibility for incarcerated individuals. Read more about this bill’s implementation and likely impact. ReentryFair Chance Act (H.R. 1076/S. 387) FAMM supports the Fair Chance Act, introduced by Rep. Elijah Cummings (D-Maryland), Rep. Doug Collins (R-Georgia), Sen. Ron Johnson (R-Wisc.), and Sen. Cory Booker (D-N.J.). The bill will help expand access to employment for formerly incarcerated applicants by prohibiting federal employers and contractors from inquiring about criminal history record until a conditional offer has been made. FAMM supports the Fair Chance Act (H.R. 1076/S. 387). The Fair Chance Act is not yet law. The bill has passed through committee in both the House of Representatives and the Senate and must now pass the floors of both chambers before it can be signed into law by the President. Learn more about the Fair Chance Act. See FAMM’S Congressional Briefing Book for More Resources How Our Federal Campaign Works:To change federal mandatory minimum sentencing laws, the U.S. Congress must pass new legislation. To help sentencing reform bills become law, FAMM meets regularly with Members of Congress and their staffs and provides them with data, resources, analysis and advice, stories of impacted people, and assistance with drafting reforms. When asked, FAMM and its supporters testify before Congress and its committees. Get involved to support our reform efforts today! How Bills Become Law:To become a law, a sentencing reform bill must first be introduced by a Member of Congress, then reviewed by the Judiciary Committee, passed by both Houses of Congress (the House of Representatives and the Senate), and signed by the President. This can be a lengthy and difficult process. Sometimes, reform bills do not become law for several years. Each session of Congress lasts two years. Any bill that does not become a law in that two-year period “dies” at the end of that time – which means the process to make that bill a law has to start all over again from scratch in the next Congress. Learn more about how a bill becomes a law. For more information, please contact: Molly Gill What is the First Step Act of 2022?The First Step Act, which authorized defendants to file motions in federal court, helped facilitate a substantial increase in compassionate release filings during the COVID-19 pandemic but the Commission recently reported wide variation in grant rates among the federal courts (more here).
What is the 65 law for federal inmates about?Signed into law by President Donald Trump in December 2018, the law allowed eligible inmates, those with an unlikely chance of recidivism and low or minimum security, to earn credits toward an earlier release from prison.
What percentage of a federal sentence must be served?In federal court you will have to serve 85% of your sentence if convicted of federal charges. Thus, if you are sentenced to 10 years in prison, you will actually serve 8.5 years in prison. However, for most state felony convictions, you will only serve 50% of your actual sentence.
Can federal prisoners get out early?Congress authorizes compassionate release when a prisoner has “extraordinary and compelling” reasons for it. The BOP can bring a motion to the court asking that the sentence be reduced and the prisoner be released early.
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New federal laws for inmates 2022
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