The First Step Act of 2018 ushered in significant sentencing reforms aimed at reducing prison overcrowding and promoting rehabilitation. Key provisions include retroactive application to sentences, increased use of risk and needs assessments, expansion of the compassionate release program, and modifications to good time credit calculations.

Under the new law, a defendant facing charges may be eligible for a sentence reduction if the court determines "extraordinary and compelling reasons" warrant such action. This includes cases where the prisoner suffers from a serious medical condition or has reached an end-of-life phase consistent with the ordinary standards of that person's community. However, obtaining compassionate release remains challenging as federal prosecutors often oppose these motions and courts apply strict interpretations of the "extraordinary and compelling" standard. The Act provides specific criteria for evaluating requests.

Additionally, the First Step Act introduced a risk and needs assessment system aimed at identifying offenders most likely to recidivate and prioritizing their participation in rehabilitative programming. This evidence-based approach seeks to allocate resources more effectively and reduce rearrest rates post-release. The law requires the Bureau of Prisons to create a risk and needs assessment system by October 2022.

Moreover, the Act amended 18 U.S.C. § 3553(a) to include new sentencing factors that courts must consider when determining whether to reduce a term of imprisonment based on a motion pursuant to section 3582(c)(1). These factors include the defendant's criminal history, nature and severity of the offense, participation in correctional treatment, educational programs, or vocational training, among others.

The Law on First Step Act Sentencing Reforms and Compassionate Release

"In determining whether to reduce the term of imprisonment, the court shall consider: (1) The history and characteristics of the defendant, including– (A) the defendant's criminal history, if any; (B) the nature and severity of the offense for which the defendant is imprisoned; (C) the defendant's participation in correctional treatment, educational programs, or vocational training; (D) any other factors that may be relevant in determining whether the defendant meets the criteria in subparagraph (2); (2) Whether the defendant is sentenced to a term of imprisonment of 30 calendar months or more, and has demonstrated either extraordinary rehabilitation or participation in correctional treatment, educational programs, or vocational training programs; and (3) The defendant's request for compassionate release and whether the reduction in sentence is consistent with the sentencing factors set forth in section 3553(a)."

Defense Strategies for First Step Act Sentencing Reforms and Compassionate Release

A defendant facing these charges should immediately investigate their potential eligibility for a sentence reduction under the First Step Act. Key strategies include:

  • Gathering medical evidence supporting a serious health condition or end-of-life circumstances - Obtain records from treating physicians, hospitals, and specialists to establish a clear nexus between the prisoner's medical condition and life-threatening implications; - Provide detailed documentation of any life-sustaining treatments, hospice care, or advanced directives that support the urgency of release;
  • Providing documentation of positive rehabilitation efforts and participation in programs
    • - Compile a detailed timeline of programming completed, certificates of completion, and endorsements from prison staff attesting to the defendant's exemplary behavior; - Leverage favorable risk and needs assessment results identifying low risk of recidivism; - Include testimonials from prison officials highlighting the inmate's exceptional cooperation, leadership roles, and contributions to the institution;
  • Filing motions to compel the government to disclose information relevant to compassionate release
    • - Argue that the government possesses evidence regarding the prisoner's rehabilitation efforts or medical condition potentially bearing on their eligibility for a sentence reduction; - Seek court orders requiring production of records and communications pertinent to your case; - Utilize FOIA requests and discovery tools to uncover any undisclosed information that could bolster your client's application;
  • Leveraging favorable sentencing factors like mitigating roles, substantial assistance, or extraordinary rehabilitation
    • - Analyze 18 U.S.C. § 3553(a) factors and argue that release is warranted given the defendant's limited role, significant cooperation with authorities, or remarkable post-sentencing conduct; - Use risk and needs assessment results showing participation in programming and low recidivism risk; - Highlight any evidence of the inmate's extraordinary rehabilitation efforts, such as completing advanced educational degrees, developing marketable skills, or engaging in community service projects while incarcerated;
  • Building strong relationships with prison staff and administrators to gather support
    • - Engage directly with correctional officials to document your positive contributions and rehabilitative efforts; - Seek endorsements from program coordinators and supervisors attesting to your conduct and dedication; - Establish open lines of communication with case managers, unit teams, and institutional leadership to ensure any evidence of good behavior or accomplishments is well-documented;
  • Exploring potential post-release support systems
    • - Identify family members, social networks, or community resources that could provide safe and stable housing upon release; - Develop plans for securing employment, maintaining sobriety, or accessing mental health treatment in the outside world to minimize recidivism risks.

Key Takeaways

  • The First Step Act expanded compassionate release eligibility for prisoners with serious medical conditions or end-of-life circumstances
    • - This provision allows inmates to seek early release even if the government opposes their original sentencing; - Strict criteria and procedural hurdles remain significant obstacles; - Understanding the full scope of your case, exploring all avenues leading to sentence reduction, and holding the prosecution accountable;
  • To obtain a sentence reduction, courts must find "extraordinary and compelling reasons" warranting release
    • - An overly restrictive interpretation of this standard has made compassionate release difficult to achieve in practice; - Recent case law is starting to provide more clarity on what factors may qualify as "extraordinary and compelling"; - Gathering strong evidence of qualifying factors, such as serious medical conditions or end-of-life circumstances, remains essential for a successful application;
  • Defendants should investigate their potential eligibility and gather strong evidence of qualifying factors
    • - Medical records, proof of programming participation, and documentation of rehabilitation are essential for compelling applications; - Risk and needs assessment results showing low recidivism risk can bolster arguments for release; - Early intervention, building relationships with prison staff, and exploring post-release support systems are critical strategies;
  • Strategies include leveraging favorable sentencing factors and compelling the government to disclose relevant information
    • - Positive rehabilitation efforts, strong evidence of qualifying factors, and effective advocacy remain key components of successful compassionate release applications; - Risk and needs assessment results showing participation in programming and low recidivism risk can support arguments for release; - Building positive relationships with prison staff and administrators is crucial for gathering support and documenting rehabilitative efforts.

If you or a family member is facing federal charges, contact DrugTraffickingDefense for a confidential consultation. Early intervention can change the outcome. Contact us today.

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