Programming gaps in the Bureau of Prisons are even more apparent thanks to research initiated by the First Step Act. A Department of Justice study of federal prisons found that 49% of the sample population did not complete any programming; 82% received no technical or vocational courses; and 57% completed no drug treatment during incarceration despite an indicated need.

Congress provided more certainty for the BOP’s budget and strategic planning by authorizing $75 million for the implementation of the First Step Act for Fiscal Year 2020. It is Prison Fellowship’s hope for the Bureau will partner with more non-profit and community-based organizations, including Prison Fellowship, to provide a greater number of rehabilitative programming and productive activities.

The Department of Justice has made progress with its newly developed risk and needs assessment (PATTERN). Key stakeholders have nevertheless raised several important questions about the tool concerning extent of racial disparities, if the system could exclude individuals who pose limited threats to public safety from spending more of their sentence outside of prison, and whether the assessment sufficiently weighs a prisoner’s productive behavior during incarceration. We urge the continued refinement and improvement of PATTERN.

Mandatory minimums for prior serious drug felonies will be reduced. Prisoners serving life sentences under the three-strikes penalty will have their sentences reduced to 25 years. Mandatory minimums of 20 years will be reduced to 15 years. Serious violent felonies will be added to the three-strike enhancement penalty.

Under the new law, judges can depart from mandatory minimums when sentencing defendants with up to four criminal history points, excluding misdemeanors. Defendants with three-point offenses or two-point violent offenses will be restricted.

Mandatory minimums under 18 USC § 924(c) (use of a firearm during the commission of multiple crimes) will be limited to prisoners with previous convictions who have served their sentences for such offenses.

Current federal prisoners sentenced for crack cocaine offenses prior to the Fair Sentencing Act of 2010 may petition for relief consistent with the Fair Sentencing Act.

More than 2,450 incarcerated individuals in the BOP, including Matthew Charles, received changes to their sentence thanks the First Step Act’s more proportional approach to certain drug offenses.

In order for FSA’s reforms to fully impact sentencing practices, the U.S. Sentencing Commission must incorporate these changes into its advisory guidelines used by federal judges. Five present vacancies on the Commission make it impossible for it to amend their guidelines in light of FSA. Prison Fellowship encourages the White House to nominate—and Congress to approve—Commissioners committed to the spirit and letter of the legislation.

The law codifies Bureau of Prisons policy banning the practice of shackling pregnant and laboring incarcerated mothers unless the woman poses an immediate and serious risk to herself, her child, or others.

The BOP is required to provide feminine hygiene products to incarcerated women at no cost.