Some Answers to Questions About the First Step Act

From Families Against Mandatory Minimums (http://famm.org/):

President Trump signed the First Step Act into law on December 21, 2018. Since then, we’ve been getting tons of calls and emails with questions about the new law. We attempt to answer most of those questions in this Frequently Asked Questions fact sheet. Please share it with anyone you think might be looking for more information.

Highlighting two issues:

Good time credit. The new law increases the amount of good time federal prisoners can earn from 47 days per year to 54. This increase applies to everyone except people serving life, and will eventually apply retroactively.

We know the law’s sponsors intended for the good time provision to take effect right away, but the law instead seems to require that a new risk and needs assessment system be created before the good time change can take effect. We have notified the White House and congressional leaders about this problem and have been assured they are going to look for a solution. For now, please know that the Bureau of Prisons is not able to apply increased good time until a solution is found or the attorney general releases the new risk and needs assessment system. We will stay on top of this issue.

Legal assistance. We are aware that many lawyers and consultants are reaching out to families and their incarcerated loved ones and offering to help them earn release under the First Step Act for a fee. You should be aware that your loved one does not need an attorney to help with good time. The BOP will make that recalculation automatically when that provision goes into effect.

In addition, if your loved one thinks he or she will benefit from the retroactive changes to the crack sentencing law, please know that the federal defenders will file those motions for free for the majority of eligible individuals. You can find the federal defender in your area here. Please know that the new law allows people only one chance to file for a retroactive crack sentence reduction, so it is important to make sure your filing is done correctly.

The First Step Act could help hundreds of thousands of families in ways big and small. To make sure it has the biggest impact, we are going to stay involved and monitor how it is being implemented. We will keep you updated in the weeks ahead.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.