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First Step Act
Understanding the First Step Act: A Guide to Eligibility and Hiring the Right Lawyer
The First Step Act, signed into law in December 2018, represents a significant overhaul of the federal prison system, focusing on sentencing reform and the reduction of recidivism. If you or a loved one are navigating this complex legal landscape, securing the right legal representation is crucial. Call W. F. Casey Ebsary Jr. at 813-222-2220 or use our contact page to schedule a free consultation.
What is the First Step Act?
The First Step Act (FSA) aims to improve criminal justice outcomes and reduce the federal prison population while maintaining public safety. Key provisions of the Act include:
- Sentencing Reform: Reducing mandatory minimum sentences for certain nonviolent drug offenses.
- Recidivism Reduction: Implementing evidence-based recidivism reduction (EBRR) programs and productive activities (PAs).
- Earned Time Credits: Allowing eligible inmates to earn time credits for participating in EBRR programs and PAs, potentially leading to early release.
Top Five Considerations When Hiring a First Step Act Lawyer
Choosing the right lawyer is crucial for navigating the complexities of the First Step Act. Here are the top five things to consider:
| Consideration | Description |
|---|---|
| Experience | Ensure the lawyer has extensive experience with the First Step Act and federal criminal defense. |
| Success Rate | Look for a track record of successfully helping clients achieve favorable outcomes under the FSA. |
| Client Testimonials | Read reviews and testimonials from former clients to gauge satisfaction and effectiveness. |
| Communication | Effective communication is key. Your lawyer should keep you informed and answer your questions promptly. |
| Fees and Costs | Understand the fee structure and ensure it aligns with your budget. Transparency about costs is essential. |
Call W. F. Casey Ebsary Jr. at 813-222-2220 or use our Contact Us Page to schedule a free consultation today.
Top Five Factors for Federal Inmate Eligibility Under the First Step Act
Determining eligibility for relief under the First Step Act involves several factors:
Risk Assessment and Classification
- Inmates must undergo risk and needs assessments to determine their eligibility for EBRR programs and time credits.
- Initial classification is typically completed within 28-30 days of arrival at the designated facility.
Participation in EBRR Programs and PAs
- Inmates earn 10 days of time credits for every 30 days of successful participation in recommended EBRR programs or PAs.
- Those in minimum or low-risk categories who maintain their status over two consecutive assessments earn an additional 5 days of credits for every 30 days of participation.
Eligibility for Time Credits
- Inmates must not be serving a sentence for a conviction listed under the exclusions in 18 U.S.C. § 3632(d)(4)(D), (E) and related statutes.
- Deportable persons are ineligible to apply time credits if subject to a final order of removal.
Qualifying Participation
- Participation must occur on or after the enactment of the FSA and the commencement of the sentence.
- Credits are awarded for every 30-day period in “earning status,” which includes participating in or awaiting participation in recommended programs.
Exclusions from Successful Participation
- Inmates in disciplinary segregation, designated status outside the institution (e.g., extended medical or furlough), or temporary transfer to other agency custody are excluded from earning credits.
- Mental health or psychiatric holds and those who opt-out or refuse to complete needs assessments are also excluded.
For detailed assistance and to understand how the First Step Act applies to your specific situation, call W. F. Casey Ebsary Jr. at 813-222-2220 or use our online contact form to schedule a free consultation.
The Importance of Earning FSA Time Credits
Earning FSA time credits can significantly impact the duration of an inmate’s sentence. Here’s how it works:
- Earning Credits: All eligible persons can earn 10 days of credits for every 30 days of successful participation in EBRR programs or PAs.
- Additional Credits: Inmates in minimum or low-risk categories can earn an additional 5 days of credits for every 30 days of participation, provided they maintain their risk category over two consecutive assessments.
Successful Participation Requirements
To successfully participate and earn FSA time credits, inmates must:
- Engage in evidence-based recidivism reduction programs or productive activities recommended based on risk and needs assessments.
- Maintain a minimum or low-risk category over consecutive assessments to earn additional credits.
Applying FSA Time Credits
FSA time credits can be applied when:
- The individual has earned credits equal to the remainder of their prison term.
- They have either maintained a minimum or low-risk status or demonstrated recidivism risk reduction in reassessments.
- For early transfer to supervised release (up to 12 months), the individual must have a minimum or low-risk status for the last reassessment and have a term of supervised release as part of their sentence.
- For pre-release custody (home confinement or residential reentry center), the individual must have a minimum or low-risk status for the last two reassessments or have warden approval based on specific criteria.
Ineligible Offenses for FSA Time Credits
Certain convictions render inmates ineligible for FSA time credits. These include serious violent felonies, terrorism-related offenses, and specific drug offenses with aggravating factors. A detailed list of ineligible offenses can be found in 18 U.S.C. § 3632(d)(4)(D), (E) and related statutes.
Conclusion: Navigating the First Step Act with Expert Legal Help
Navigating the complexities of the First Step Act requires expert legal guidance. W. F. Casey Ebsary Jr. is dedicated to helping clients understand their rights and achieve the best possible outcomes. For personalized legal assistance, call W. F. Casey Ebsary Jr. at 813-222-2220 or use our online contact form to schedule a free consultation.
The First Step Act offers a pathway to early release and reduced recidivism for eligible federal inmates. Understanding the eligibility criteria and participating in recommended programs are crucial steps. With the right legal support, you can navigate this process effectively and secure the benefits provided by this significant legislation.