New Criminal Justice Reform Laws May Enhance the First Step Act
The First Step Act was signed into law by President Donald Trump in 2018, and it made a number of reforms to the federal criminal justice system. It was meant to help reduce recidivism and ensure that people who have been convicted of crimes can re-enter society successfully after serving their sentences. While these reforms have been helpful, there are many additional opportunities for positive change in the justice system. Legislators recently introduced potential new laws that are meant to enhance and expand the First Step Act.
Even after reforms have been made, people who face federal criminal charges may still be subject to harsh penalties, including lengthy prison sentences, high fines, restitution, and ongoing difficulties related to a criminal record. Legal representation from an attorney who has experience representing clients in federal courts can be crucial in these cases. A skilled criminal defense lawyer can help defendants address federal charges, fight against convictions, and minimize the effects on their lives.
Reforms Made by the First Step Act
The First Step Act was passed with the intent of reducing prison populations and improving the outcomes of criminal cases while also protecting public safety. It created a system in which the Federal Bureau of Prisons (BOP) can assess the risks of recidivism for prisoners and determine what types of programs and activities may be used to help prisoners avoid future criminal activities and involvement with the justice system.
Other reforms include expanded opportunities for prisoners to earn good time credit that will allow for an early release. The Act reduced mandatory minimum sentences for some drug crimes, and it also provides "safety valve" provisions that may allow people charged with low-level, non-violent drug offenses to receive sentences that are below the required mandatory minimums.
Potential Changes to the First Step Act
Senators Dick Durbin, a Democrat from Illinois, and Chuck Grassley, a Republican from Iowa, were the original sponsors of the First Step Act. They have proposed several new laws that are meant to enhance the First Step Act and advance the goals of criminal justice reform. These laws include:
-
First Step Implementation Act: This law would allow courts to apply the sentencing provisions of the First Step Act in cases that concluded before the Act originally took effect in 2018. It would also expand the safety valve provision to allow for reduced sentences for non-violent drug offenses in which defendants have a low risk of recidivism. Courts would be allowed to reduce sentences for juvenile offenders who have been imprisoned for more than 20 years, and juvenile offenders who were convicted of non-violent offenses would have more opportunities for expungement or sealing.
-
Safer Detention Act: This law addresses the Elderly Home Detention Pilot Program, an expired program that had allowed elderly prisoners to receive compassionate releases. The law would reauthorize the program and expand its eligibility requirements, allowing non-violent offenders who have served at least half of their sentences to receive an early release.
-
Prohibiting Punishment of Acquitted Conduct Act: In some cases, people who are convicted of federal crimes may face enhanced sentences based on conduct for which they were acquitted. During sentencing, judges may base their decisions on findings that defendants committed crimes in addition to the crimes for which they were convicted using a "preponderance of the evidence" standard, which is lower than the "beyond a reasonable doubt" standard that applies during criminal trials. This can result in sentences that effectively nullify the verdicts issued by juries. This law would end this practice, prohibiting courts from considering acquitted conduct during sentencing.
Contact Our Connecticut Federal Crimes Defense Attorneys
While the proposed reforms have not yet been passed into law, they would be beneficial for defendants in federal cases and people who have been convicted of federal crimes, while also promoting justice. Regardless of whether these laws are ever put into effect, people who are facing federal criminal charges will need to determine what steps they can take to protect their rights. At Woolf & Ross Law Firm, LLC, our Hartford federal criminal defense lawyers can provide the legal representation needed to address these charges and resolve cases successfully. To learn more about our criminal defense services, contact us at 860-290-8690 and set up a free consultation.





