Join us for an in-depth discussion on the latest developments in litigation under the First Step Act of 2018.

The First Step Act was signed into law on Dec. 21, 2018. NACDL and its members have long pressed to fix the unjustly severe federal sentencing regime, advocating for much more sweeping changes than are included in the First Step Act. Although the law does not go nearly as far as NACDL would like, it will benefit many prisoners and has important implications for practitioners. In these members-only webinars, leading experts examine the intricacies of the First Step Act.

This submission addresses the proposed amendments to (1) the Sentencing Commission’s policies regarding supervised release and (2) §2D1.1 On all other issues in the proposed amendments not addressed in this letter, NACDL joins in the comments filed by the Federal Defenders.

The First Step Act revised the federal compassionate release statute, 18 U.S.C. § 3582(c)(1)(A).

The First Step Act made important changes to several federal drug and gun statutes. The Act reduced mandatory minimum enhancements for some drug defendants and also changed the definition of these enhancements.  It also modified the existing federal safety valve, broadening its application to more drug defendants; changed the “stacking” penalty under 18 U.S.C. § 924(c); and retroactively applied the Fair Sentencing Act of 2010.

The First Step Act required the Department of Justice to develop a risk and needs assessment tool to be used by the Bureau of Prisons (“BOP”) to assess the recidivism risk of all federal prisoners. Inmates are classified as minimum, low, medium or high risk, and are placed in recidivism reduction programs based on identified needs.

The First Step Act (P.L. 115-391 756) was signed into law on December 21, 2018. The Act is a federal criminal justice reform bill that changes many harsh federal sentencing laws.  The Act also expands compassionate release for qualifying federal inmates and offers current federal inmates rehabilitative programming and the possibility for early release from prison.

NACDL submits this comment in response the Bureau of Prisons’ Proposed rule that would change the regulations regarding the Inmate Financial Responsibility Program (IFRP).  … We thank the Bureau for taking seriously the comments made regarding this initial proposal. Nevertheless, we are concerned that the new rule regarding the IFRP does not comply with the requirements or goals of the First Step Act, signed into law by President Trump in 2018.

The U.S. Sentencing Commission’s Policy Statement allowing sentence reductions for defendants who received an “unusually long sentence” faces an uncertain future after the 2024 Third Circuit decision in United States v. Rutherford.

The First Step Act created a powerful tool for reducing prison time and recidivism risk with its earned time credits (ETC) system. But because the BOP’s implementation of ETCs has been slow and uneven, people have been forced to bring habeas petitions, often pro se, against the BOP.  This resource collects favorable case law regarding a variety of common ETC issues into string cites for use in such petitions. If you have feedback, please contact Trevor Parkes, the Counsel & Project Director of NACDL’s First Step Act Resource Center, at tparkes@nacdl.org.

Brief of Amici Curiae American Civil Liberties Union, American Civil Liberties Union of Texas, Cato Institute, Due Process Institute, FAMM, and National Association of Criminal Defense Lawyers in Support of Petitioners.

Brief of Amici Curiae Due Process Institute and National Association of Criminal Defense Lawyers in Support of Petitioner-Appellant and Supporting Reversal

This session provides an overview of PATTERN and Earned Time Credits, explains how you can utilize these tools to benefit your client, and discusses how to proceed if the BOP fails to provide the time credits your client has earned. One of the prison reform provisions of the First Step Act, the Earned Time Credit program allows eligible individuals to be released early from prison or transferred to prerelease custody based on those credits. Along with BOP's risk assessment tool, PATTERN, Earned Time Credits can be an effective way to significantly decrease your client's sentence.

Panel from the 2020 Presidential Summit and Sentencing Symposium, co-hosted with the Georgetown University Law Center American Criminal Law Review

This webinar is a rapid-fire overview of the compassionate release legal framework, the process, best practices, and the latest legal developments. Practitioners in the field and long-time experts discuss grounds for compassionate release including COVID-19 and other sentencing developments; the compassionate release exhaustion requirement; getting and analyzing clients’ medical records; how to strategize when filing motions outside of your home district; helping create a reentry plan; and dealing with detainers.