First Step Act (1/2022)

Evidence-Based Recidivism Reduction (EBRR), and Productive Activities (PAs); Programs

  • Recent releases 2020 – 2022 though have been overall less than stellar.
  • Earned Credit, based on The First Step Act.

Early Release

  • Since Jun 1995, the BOP has awarded approximately 62,834 inmates a sentence reduction pursuant to 18 U.S.C. § 3621(e) upon successful completion of the RDAP.
  • In 2015, the average amount of time reduced was 10.8 months.

Retroactivity / Drug Reduction

  • In April 2014, the U.S. Sentencing Commission Conference (USSC) ted to amend the guidelines to lower base offense levels in the Drug Quantity Table by two levels.
  • In July 2014, the USSC voted to allow delayed retroactive reduction in drug trafficking sentences.
  • Since October 30, 2015, inmates have been released under these reductions.

Impact of Retroactivity / Drug Reduction

Residential Reentry Centers (RRC) Impact

  • Staff are processing RRC referrals in a timely fashion. BOP is prepared to authorize overtime to expedite the processing of referrals should the need arise.
  • The BOP continues to emphasize the appropriate use of Home Confinement for low-risk offenders with limited reentry needs and receive RRC beds for inmates who have the greatest need for services.
  • Additionally, inmates are transferred to Home Confinement from the RRC once they obtain the needed services and resources.
  • Due to the high demand for RRC services and the limited availability, the BOP anticipates any referrals for offenders released after October 30, 2015, will be more difficult to place and lengths of stay will be reduced.
  • To accommodate future releases — beyond November 2015, the BOP posted a Request for Information (RFI) for Day Reporting Centers.  The RFI focused on locations where RCC’s have been difficult to site. The intent is to identify one Day Reporting Center in each of the BOP’s three Sectors to determine the effectiveness of this type of program.
  • In the past 2 years, the number of halfway houses have been closed reducing the offender’s ability to adapt to life in their communities once released (Mother Jones – 12,15,2017).

BOP Collaboration

  • The BOP and the Administration Office of the US Courts have identified the Judicial Districts most impacted by re-sentencing:
    • Florida – Middle and Southern;
    • North Carolina – Eastern;
    • Puerto Rico;
    • Texas – Eastern, Northern, Southern, and Western;
    • Virginia – Eastern;
    • South Carolina; and
    • California
  • In many of these high-impact Judicial Districts, the BOP has asked the Administrative Office of the US Courts to encourage their staff to limit the use of Public Law Placements.
  • To help meet the need for RRC services, the BOP worked with the Administrative Office of the US Courts to identify 25 work release facilities in high-impact Judicial Districts. These facilities were not under an agreement to provide services to the BOP. A letter was sent to each of these facilities to inquire about their interest in entering into an Inter-Governmental Agreement to house BOP Pre-Release Placements. To date, three facilities have expressed an interest: two in the Southern District of Texas and one in the Eastern District of Virginia. The BOP is presently working to determine if these facilities would meet the need.

U.S. Immigration and Customs Enforcement (ICE)

  • BOP and ICE have been working to prepare for the release of non-citizens.
  • BOP provides rosters identifying non-US citizens that received amended sentences.
  • COP participates in meetings with USPO and ICE to discuss immigration cases.