Shandre DelaneyI have a distrust of governmental decisions and corrupt politicians. They always seem to follow their own agenda rather than the will of the people. So when I heard that the president of the United States and a bipartisan group of legislators passed a criminal justice reform bill, I was not impressed. I could only wonder what’s this really about and what’s in it for them?
It’s unbelievable to me, in a time when few meaningful bills have passed, that out of their deep concern, they did something for the good. Though Republicans are known for their love of “tough on crime” legislation, Democrats also are known for legislation that has been feeding mass incarceration.
I decided to take a look to answer my questions.
While deciphering the contents of the bill, I used my prisoner rights advocate senses. I wanted to understand who it’s going to impact and if it’s really is going to help or hurt prison reform. I am by no means literate in legalese, so there was a challenge in understanding its content. Though some parts of the bill were straightforward, others were not for the layperson. To help me better understand the prison and reform bill, I spoke with other advocates and researched other interpretations and opinions.
The First Step Act, short for Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act, or H.R.5682, was passed by the House of Representatives and signed into law on Dec. 21, 2018. This bill was initiated by the president’s son-in-law, Jared Kushner, whose father had been incarcerated. The term “first step” also indicates that this is the first step to future reform. The bill impacts only the federal system, or 189,000 prisoners, a fraction of the total 2.3 million prisoners incarcerated in the United States today. About 4,000 prisoners could be immediately released, while others will have to petition the courts. But the government shutdown has delayed the process.
The First Step Act is broken down into four provisions: Recidivism Reduction, Bureau of Prisons Secure Firearm Storage, Restraints on Pregnant Prisoners Prohibited and Miscellaneous Criminal Justice.
Here is a breakdown of the more outstanding points from each provision.
Recidivism Reduction
This provision of the bill would aid in reducing recidivism in a number of ways. Recidivism within the federal prison system is around 49 percent. In consultation with Department of Justice directors and others, the attorney general would oversee implementing this part of the bill.
The duties of the AG would include overseeing the risk assessment program, assessing it and using the most effective methods and practices to reduce recidivism.
The attorney general will be responsible for finding products used by federal agencies that are normally manufactured overseas but could be manufactured by prisoners in the federal work program, most likely the program run by UNICOR.
The Recidivism Reduction provision contains new policies and incentives for early release. Under the new terms, good time credit increases from seven days to 10 days credit per 30 days. A total of $250 million over five years will be appropriated for training.
Bureau of Prisons Secure Firearm Storage
I am not sure about the significance of this provision and how it ties into reform for prisoners. I look at this as the usual trick where legislators throw in a bone that has nothing to do with the bill.
This provision allows a Bureau of Prisons employee to carry a firearm on the premises, outside of the secure perimeter of the institution.Under this provision, BOP employees will be provided a secure storage, away from prisoners, inside the prison where the firearms will be locked up.
Restraints on Pregnant Prisoners Prohibited
It has been and always will be inhumane for women to be shackled during childbirth. The ACLU reports that about 6 percent of the 200,000 female prisoners in the United States are pregnant.
Under the new law, women giving birth in federal facilities will not be shackled unless they are a flight risk, which still baffles me. I feel it’s nonsensical to think that a woman having contractions will be trying to escape in the middle of delivery.
In Pennsylvania, the state where I live, women giving birth in all state prisons are not shackled but handcuffed to the bed during childbirth. Inn my hometown of Pittsburgh, the Abolitionist Law Center fought and won the right for women not to be shackled during childbirth. Currently, 22 states have anti-shackling laws in place.
Miscellaneous Criminal Justice
This provision contains both new policies and modifications of current policies within the federal justice system. Juveniles will no longer be placed in solitary confinement. When possible, prisoners will be placed closer to home within a 500-mile driving radius.
An addendum to the current home confinement policy is to place low-risk prisoners on home confinement instead of incarceration.
There was an addendum to the Second Chance Act to include for elderly and terminally ill prisoners to easier move through the process for compassionate release.
Federally incarcerated women will now receive free pads and tampons.
In addition to other training, guards will receive de-escalation training to help them identify and assess appropriate responses to unique incidents and individuals, such as a prisoner with mental health or cognitive issues.
Critique of the First Step Act
Now that I have tried to understand the First Step Act, I can sum up my opinion of it. I will start with what I found to be in favor of prisoners.
I think the First Step Act did show some humanity to pregnant women, women’s personal health and juveniles. The addition of de-escalation training is commendable and is something that should be taught to every law enforcement personnel.
Any policies that help recidivism and early release will help decrease the number of incarcerated people. Though these policies are only going to impact those incarcerated in federal facilities, it can be used as a model at the state level for states that are over-incarcerating.
What I found to be deficient was that while America incarcerates 2.3 million prisoners, the federal system only holds around 217,000, of which 189,000 will benefit. That’s a small portion, considering the numbers. Some of those prisoners still will have to petition for their release, so it’s not a guarantee they will be released.
Then, there is the issue of the risk assessment, ripe with racial disparities, which probably will continue. Of huge concern, is the incoming U.S. attorney general, William Barr. He is no friend to criminal justice reform, as witnessed by his testimony in the Senate hearings and his track record.
Also of concern is the increased use of prison labor. The BOP is looking for new ways to make money by using prisoners to manufacture products, which they sell to other federal institutions for profit. I call this modern-day slavery.
In conclusion, I always am hopeful, but still, I am not impressed by those in Washington who have no vested interest in decarceration or prisoner’s human rights. I say we keep fighting. We have many more walls to tear down.
Thoughts from Other Criminal Justice Advocates
“The First Step Act is a craven, ineffectual piece of pseudo-reform that does more to legitimize the status quo than it does to deal with the state’s racist fixation on human captivity. Like the Congress that passed it and the Fraternal Order of Police who endorsed it, the legislation is primarily concerned with setting the boundaries of reform so as to give the illusion of responsiveness to popular pressure while really ensuring the preservation of the political and economic power of those with vested interests in the captivity industry and the correlative subordination of communities of color. It is about disciplining movements to accept less and be grateful for crumbs. It is, like Congress and the FOP, contemptible, racist garbage.”
—Bret Grote, attorney, legal director, Abolitionist Law Center
“Considering the work we do here in Pennsylvania, one of the good things about the First Step Act is that those from our state who are incarcerated for nonviolent drug offenses will be eligible for parole after 25 years. We certainly don’t want anyone sentenced to death by incarceration, which is life without parole. Another good thing about the act, which is relative to our solitary confinement work, is that it prohibits the placement of juveniles in solitary confinement and requires that an alternative to solitary confinement be developed. Ending solitary confinement is something Human Rights Coalition was founded on and continues to work toward. In addition, I feel as though the act gives cover to politicians in states. They can actually start moving on criminal justice reform at the state level.”
—Robert Saleem Holbrook, co-founder, Human Rights Coalition
What Can You Do?
Read the First Step Act. Understand what’s in it.
Spread the knowledge.
Share this article.
Our Community Based News Room (CBNR) publishes the stories of people impacted by law and policy. Do you have a story to tell? Please contact us at CBNR. To support our Community Based News Room, please donate here.
