Latest news with #criminaljusticereform
Forbes
14-07-2025
- Politics
- Forbes
Bureau Of Prisons Launches First Step Act Task Force
Deputy Attorney General Jeffrey Rosen, second from left, speaks during a news conference at the ... More Justice Department in Washington, Friday, July 19, 2019, on developments in the implementation of the First Step Act. He is joined by, from left, acting Director of the Bureau of Prisons Hugh Hurwitz, Director of the National Institute of Justice David Muhlhausen and Associate Deputy Attorney General Toni Bacon. About 2,200 federal inmates will be released by the federal Bureau of Prisons under the criminal justice reform measure signed into law last year by President Donald Trump. (AP Photo/Susan Walsh) The First Step Act The Federal Bureau of Prisons (BOP) has faced significant challenges in implementing the First Step Act (FSA), a 2018 law aimed at reforming the federal prison system. Some of the challenges included delays in calculating earned time credits, inconsistent application of the risk assessment tool (PATTERN), and limited access to rehabilitative programs. These shortcomings led to legal actions, such as class-action lawsuits, and bipartisan congressional criticism. It has also led to some inmates staying in prison longer than allowed under the law, primarily due to the BOP's inability to properly calculate prison terms under the FSA. Despite efforts to improve, including policy updates and staff training, the BOP's slow progress continues to hinder the FSA's intended impact on reducing recidivism , enhancing inmate rehabilitation and returning non-violent offenders to the community sooner. Creation of the Task Force The BOP recently stated that it was expanding the use of Residential Reentry Centers (RRC), commonly referred to as halfway houses, to move more eligible inmates to the community sooner. However, even with that, the BOP had trouble filling its RRC capacity it had under contract (BOP does not operate RRCs but contracts it out to vendors). The main reason is that the BOP has a history of changing how it interprets FSA and when the people are awarded credits. Further, the Second Chance Act, which allows inmates to be placed in prerelease custody for up to a year, has not been fully utilized as a complement to FSA. The primary culprit in solving this issue has been caused by a lack of computer program to handle the calculation for those eligible for FSA. Today the BOP announced the creation of the FSA Task Force, a strategic team initiative designed to expedite the transfer of eligible inmates to home confinement while directly supporting agency staff who have been unfairly burdened by outdated data systems. Task Force Directive BOP Director William Marshall III provided a statement about the task force that also addressed some of the past problems. 'Staff were taking the blame for delays they didn't cause,' said Director Marshall. 'They [BOP case management staff] Marshall went on to say that the vast majority of BOP staff wanted to do the right thing in fully implementing FSA but they simply needed the right tools and information to do their jobs. In referencing the BOP's new, increased budget under Trump's One Big Beautiful Bill Act, Marshall said, 'we will be able to provide those needed tools.' Specifics On Action The FSA Task Force, based at the Bureau's Designation and Sentence Computation Center (DSCC), will work in tandem with Residential Reentry Management (RRM) offices to ensure timely home confinement placements under the FSA and Second Chance Act (SCA). While long-term technical updates continue, this manual intervention is designed to deliver immediate relief. Nobody at the BOP wants to keep a person longer in prison, nor do they want them leaving earlier than the law allows. In a conservative approach, there are situations when people are held longer in prison because there is so much uncertainty as to the real release date. Director Marshall's FSA Task Force will provide a resource to front line case managers to support their decisions on community placement. A memorandum from the BOP stated that the FSA Task Force will: 'This is a win for everyone,' said Rick Stover, Senior Deputy Assistant Director at DSCC and the person heading the FSA Task Force, 'Inmates are returning to their communities sooner. Staff are no longer forced to rely on flawed data. And we're freeing up RRC beds for others who are waiting.' It is the first time that the BOP has acknowledged that computer issues have kept the Agency from fully implementing FSA. First Step Act The FSA is a landmark piece of criminal justice reform legislation signed into law by President Donald Trump on December 21, 2018. Its goal is to reduce the federal prison population, enhance rehabilitation programs, and reduce recidivism among incarcerated individuals. It was also meant to save money, something that has not occurred yet according to the BOP's latest annual FSA report. The law made significant changes to sentencing, prison conditions, and post-release supervision. One of the most notable aspects of the First Step Act is its retroactive application to certain drug sentences, allowing eligible prisoners to petition for reduced sentences. It also allows inmates to earn time credits for participation in vocational training, educational programs, and other rehabilitative activities, potentially reducing the length of their prison sentences. The Case Manager Problem A BOP case manager is responsible for assessing and classifying inmates, developing reentry plans, monitoring progress, recommending transfers or release programs, maintaining records, and liaising with families, legal representatives, and external agencies to support inmates' rehabilitation and reintegration into society. It is a job with immense responsibility and one that has a huge influence on the amount of time an inmate spends in a prison institution. BOP case managers are the primary people responsible for fully implementing the FSA. As the steward over the life of inmates, case managers play a critical role in identifying inmates who not only deserve community placement but will also do well once placed there. As inmates come to the end of their sentence, it is the case manager who can place them in the community for up to a year, though there have been reports of employees not willing to maximize the amount of time a person spends in the community. Director Marshall and Deputy Director Josh Smith have recently been touring a number of facilities where they have spoken with staff and inmates. They have both heard these same reports of case managers not having the tools to do their job and also some pushback that some have given when it comes to returning inmates to society sooner. Marshall stated, "But let me be absolutely clear – where we find that 1% [those BOP employees not committed to his directives] who weren't doing their jobs with integrity, we will find them and hold them accountable because accountability goes both ways.' Former BOP Director Praises Move Hugh Hurwitz was Acting BOP Director when the FSA passed and was critical in the early days of defining the BOP's initiatives to implement the law. Hurwitz praised the Task Force, stating, 'It is great to see BOP moving forward to fully implement FSA. This is one big step toward moving low risk individuals out of prison and into community placement as the law calls for.' Hurwitz is right in that the inmates slotted for community placement are 'low risk' by the BOP's own risk assessment tools. Most of the inmates who qualify for the program are minimum and low security who have relatively short sentences for non-violent crimes. Having a person serve a portion of their sentence in the community is not something new and has been used for decades by the BOP. However, the Agency has been slow to move inmates after the initial law was codified with the Final Rule in the Federal Register in January 2022. One measure of success of the FSA Task Force will be both the number of people that are moved to community custody and how fast they do that.
Forbes
30-06-2025
- Politics
- Forbes
Exclusive Interview With Bureau Of Prisons Director William Marshall
Walt Pavlo spoke with newly appointed Bureau of Prisons Director William Marshall III A New Administration Newly appointed Bureau of Prisons (BOP) Director William Marshall III provided an exclusive interview regarding his first 10 weeks in the position and how he is addressing the many challenges facing the Agency. Director Marshall, who formerly headed the West Virginia Division of Corrections and Rehabilitation, inherited a BOP office in disarray and void of leadership. Director Colette Peters was dismissed in the opening hours of the Trump administration in January and the acting director named as her temporary replacement announced his retirement shortly after his appointment. Marshall told me, 'We are a different administration from the previous one that did little to move some important initiatives that were started under Donald J. Trump. We intend to fully implement the First Step Act (FSA), something that will be part of this president's legacy on criminal justice reform.' Marshall understands that there have been communication problems within the BOP, which has been a major problem in implementing the FSA. Marshall said that key to the FSA law was returning non-violent offenders back home as soon as possible while focusing on locking those up who pose a threat to society. 'The President and Attorney General Pamela Bondi are committed to Making America Safe Again,' Marshall said. Full Implementation Of First Step Act Successfully implementing the First Step Act (FSA) relies on effectively communicating the program to case managers responsible for overseeing the re-entry plans of inmates nearing release. Under the FSA, eligible inmates can earn up to 15 days off their sentence per month, with a maximum reduction of one year. After reaching this limit, they can earn an unlimited number of days toward home confinement. However, challenges have hindered the program's implementation, primarily due to computer programming issues preventing accurate calculation of sentence reductions under the FSA, as well as a lack of clear guidance for case managers. Marshall stated, "First, our office in Washington is always available, and case managers can call us with any questions. Additionally, we will be soon be hosting a national training event to provide specific guidance on our approach, alongside the directives we've already issued. However, it's important to note that people must be part of the solution to make this Agency great, and I am confident we will achieve that." In speaking with many inmates and their families over the past few weeks, they tell me of signs on case manager doors stating they have no information on the new FSA directive. 'We have to provide clear communication to the field,' Marshall said of such stories, 'We are looking for people [case managers] who are part of the solution to fully implementing FSA.' Families I have spoken to remain skeptical as the BOP has fallen short in providing clarity on its own policies, leading to lawsuits and some people staying in prison longer than the law allows. Many just want to know when their loved one is coming home. One remaining uncertainty is how far the BOP will go in utilizing both the FSA and the Second Chance Act, a law that allows up to one year of prerelease custody. By "stacking" the two programs, inmates could spend more time in the community, searching for job opportunities and reconnecting with their families sooner. However, limited capacity at residential reentry centers (halfway houses) has resulted in many inmates staying in prison longer than necessary. "We need to address this," Marshall said, 'we have halfway house space, but we need to be smarter in how we use it. Ultimately, our goal is to return people to the community who pose no threat to public safety.' Finding The Right People Marshall said he has met with union leadership and staff at a few facilities during his short time at BOP. While he was impressed with many people he met, Marshall said that the Agency is going to change for the better and there is always reluctance to any change. 'Staff have to ask themselves, 'Is this where I want to be?'' Marshall said, 'but I have seen a few of these facilities with my own eyes and there are people here who buy into our mission of safely incarcerating those who are dangerous and returning others to society sooner.' The BOP is represented by the American Federation of Government Employees (AFGE), a union that represents thousands of BOP employees across the United States. The AFGE advocates for better working conditions, pay, and benefits for federal correctional officers and other BOP staff. In March 2025, President Trump signed an executive order using authority granted by the Civil Service Reform Act of 1978 to end collective bargaining with federal unions in agencies with national security missions, including the Department of Justice, which oversees the BOP. This order effectively removed BOP employees from the Federal Labor-Management Relations Program, stripping unions of their right to negotiate on behalf of employees. The executive order was met with strong opposition from unions representing federal workers, including the AFGE. Unions argued that the order violated First Amendment rights and undermined workers' protections. In response, AFGE and other unions filed lawsuits challenging the legality of the executive order. In June 2025, a federal judge issued a preliminary injunction blocking the enforcement of the executive order, stating that the unions were likely to succeed in proving that the order was illegal and violated constitutional rights . 'My question to AFGE when I spoke with their leadership was whether they were sincere about being part of the BOP's success,' Marshall said, 'and the feedback that I got was that they are. We may have differences but we all know the BOP must make significant changes to meet our complex mission of safety and returning better people to society.' Infrastructure And Staffing Two major issues facing the BOP have been its crumbling infrastructure and hiring to fill thousands of open positions. Marshall indicated that Trump's Big Beautiful Bill, which is still being negotiated, provides for billions in infrastructure improvement and for hiring staff. 'I am confident that we will get the support to upgrade our facilities that have been neglected for so long,' Marshall said, 'and we are going to have money for hiring people.' Former Director Peters and her predecessor Michael Carvajal, both went to Congress asking for up to $3 billion to repair existing prison facilities to bring them up to modern standards. Marshall said that the real number could be closer to $4 billion. Under the previous administration, not only did the BOP get only limited funds to prepare its prison facilities but it also operated under a continuing resolution budget that was over 2 years old. Asked whether prisons would be closed as the population of inmates have decreased over the past 10 years. 'We are looking at everything,' Marshall said, 'but we have no announcements to close additional facilities at this time.' Just last week, Marshall announced that a federal prison camp in Morgantown, WV would remain open despite it being on a list set for closure last December. Regarding staffing Marshall indicated that there was going to be an increase in funding for retaining and acquiring new staff. 'Our people are important and we have to be competitive,' Marshall said. Deputy Director Josh Smith Marshall also spoke about the leadership of Deputy Director Josh Smith who was appointed just a few weeks ago. Smith is the highest ranking BOP executive who also had a past felony conviction decades ago. Smith was pardoned by Trump at the end of his first term in office. 'People will see Deputy Director Smith as someone who is committed to BOP staff and their safety,' Marshall said, 'he has a passion and commitment to make the BOP successful and we're lucky to have someone like that here with us.' Some in the BOP, particularly on social media, have been highly critical of Smith, something Marshall said he was aware of. 'Deputy Smith is one of the hardest working people I know and the people in our Agency will see this when they meet him,' Marshall said, 'when I've been with him at facilities there was an eagerness for change and I see in him a confidence to bring about that change.' Following Through Director Marshall is aware of past promises from BOP management and how those have fallen short. Under Director Peters, she promised pushing more people into the community as well but her initiatives were plagued by computer problems, missteps in implementation and a shortage of residential reentry centers. 'We have to do better and I promised that I would not just manage from here in Washington,' Marshall said, 'but I am committed to be out in the field at these facilities so I can give our people the resources they need to complete their mission.'
CBS News
29-06-2025
- CBS News
Jim speaks with A family member after Gov. DeSantis signs the Tristin Murphy Act into law
The Tristin Murphy Act The Tristin Murphy Act is signed into law by Florida Governor Ron DeSantis. Murphy's story gained attention as the subject of the CBS News Miami documentary "Warehoused: The Life and Death of Tristin Murphy." Jim talks with Tristin's mother who was integral in bringing the law to life. About the issue Nearly four years after 37-year-old Tristin Murphy killed himself with a chainsaw at a South Florida prison, Gov. Ron DeSantis acknowledged there must be a better way to deal with mentally ill individuals in the criminal justice system. On Wednesday, he signed the Tristin Murphy Act into law. Supporters argue it is the most comprehensive reform to mental health in decades. Murphy, a man with schizophrenia who was in and out of jail because of his mental illness before eventually being sent to prison on a littering charge, killed himself at the facility with a chainsaw on Sept. 16, 2021. "A lot of people that interact with the justice system, the root cause is not that they're bad people trying to harm others; it's that they've got a lot of mental health problems that are leading to behavior that is antisocial," DeSantis said during the bill signing ceremony. "And so, the extent that we can do that, and identify that, and potentially provide solutions for that, that's going to ultimately be better for taxpayers, it'll be better for the entire justice system, and it'll be better for the safety of our community."
Yahoo
08-06-2025
- Yahoo
Virginia Beach man awaits governor's decision on absolute pardon: ‘It would make me whole'
VIRGINIA BEACH — The months following Darnell Phillips' 2018 release from prison were a whirlwind. Most notably was the standing ovation Phillips received from Virginia lawmakers after he was introduced on the Senate floor several months after being set free. Afterwards, senators shook his hand. Some even offered their apologies for the more than 27 years Phillips spent behind bars for the rape and beating of a 10-year-old girl that he'd always maintained he didn't commit — and that now even the victim was saying he was innocent of. Hosts of multiple podcasts, radio shows, and streaming TV programs also reached out, inviting Phillips onto their programs to tell his story. Among them was Jason Flom, a nationally known criminal justice reform advocate and a founding member of the Innocence Project who hosts a podcast called Wrongful Conviction. 'It was beautiful,' Phillips said of all the people wishing him well and offering their support in those early months. 'But then nothing happened.' Phillips had gotten his freedom back — and reunited with his family and the fiancee who'd supported him throughout his incarceration — but he was still a felon. He hadn't been exonerated, he'd been paroled, which meant that the convictions a jury issued at the end of his August 1990 trial for rape, sodomy and malicious wounding remained on his record. The convictions also required that he register as a sex offender, severely limiting where he could go, what he could do and whom he could be around. 'Every day it's a reminder that I have to be extra careful,' Phillips said. 'You don't want to do anything or go anywhere that could get you in trouble.' With all the attention his case received after his release, and the strong legal support he was still getting from the Innocence Project Clinic at the University of Virginia School of Law, Phillips felt sure that an exoneration from the governor would be coming. But 6½ years later, he's still waiting. 'I'm absolutely stunned,' Phillips said of his inability to get an absolute pardon. 'I should have never been incarcerated. I was robbed of my whole life pretty much since I was 18. I feel I was robbed of time, opportunities, careers, children, and spending time with my family.' Jennifer Givens, director of UVA's Innocence Project Clinic and one of the lawyers who helped Phillips win his freedom, also is discouraged by the lack of action on his petition. Three different governors have been in office since it was first filed. 'I am disappointed but my experience with the pardon process is that things move extraordinarily slow,' Givens said. 'So, no, I'm not surprised.' The failure to get an absolute pardon also prevents Phillips from getting compensation from the government. State law allows exonerated defendants a base compensation of $55,000 per year of incarceration, adjusted annually for inflation. Extra compensation for intentional acts, such as misconduct by law enforcement, could net more. Now 53, Phillips was 19 when he was sent to prison and 46 when released. Even without an inflation adjustment, his more than 27 years behind bars would mean a payment of at least $1.5 million. ___ The brutal assault occurred in the summer of 1990, in a park in Virginia Beach's Timberlake community. A 10-year-old girl was walking her bike across a narrow wooden bridge when a man she'd seen earlier came up behind her, grabbed her and forced her to the water's edge below, where he raped and beat her. The girl told police her attacker was a Black man, about 6 feet tall, with a heavy build and out of shape. He was wearing a white shirt with a green '42' on it, had a gold tooth on the left side, a hoop earring and a black hat with an emblem she believed was red. The description was soon broadcast to other officers. A short time later, a patrol officer came across Phillips, then 18, and his friend, Michael Norfleet, who were standing outside Norfleet's house, about a half-mile from the crime scene. The officer noted that Norfleet was wearing a white shirt, but there were no numbers on it. Phillips had on a brown and black shirt and black pants. But a few things about him caught the officer's attention: He was about 6 feet tall, had a black hat with a red Chicago Bulls logo, and a gold tooth on the left side. The officer took a picture of Phillips with the hat on, which was shown to the victim at the hospital. She told detectives she wasn't sure about the man, but she recognized the hat. Police later showed her two photo lineups, including one that had Phillips' picture in it, but she never picked a photo. During a 2018 phone interview with The Pilot, the victim said she came to believe Phillips was her attacker based on what detectives told her, including false claims that her blood had been found on his underwear, and that he had a history of doing bad things to children. She also said that when she was asked at trial if she saw her attacker in the courtroom, she pointed to Phillips because that's what she had been instructed to do. Phillips was arrested two days after the attack and brought to a police station for a late-night interrogation. Two detectives spent four hours questioning him but were unable to get a confession. A homicide detective then asked if he could have a go at it. He testified at trial that he got a confession within minutes, but conceded he didn't record it, and didn't get a signed statement from Phillips. Also key to the prosecution's case was testimony from a well-known hair analysis expert and former head of the FBI's microscopic hair comparison unit, who told jurors that a hair found on a sheet wrapped around the victim after the attack was similar to ones taken from Phillips. But DNA testing conducted on that same hair years later proved it wasn't his. Also, the microscopic hair comparison science presented at Phillips' trial — and thousands of others across the country — was later discredited as junk science. Phillips testified in his own defense, and denied raping the girl. Norfleet testified that Phillips was with him at the time, and a plastic surgeon told jurors Phillips couldn't have been wearing an earring that day: His ear had been pierced at one time, the surgeon said, but the hole had been closed for years. The all-white jury convicted Phillips of all charges except attempted murder. The panel recommended that he serve 100 years in prison. ___ The UVA Innocence Project took on Phillips' case in 2015 after a visit from Phillips' sister. The defense team sent the evidence out for testing, and in 2017, a California lab reported that it had located male 'touch DNA' — evidence left by skin cells — on the victim's clothing. The lab ruled out Phillips as the source in three of four samples found, but couldn't definitively exclude him from the fourth. Shortly afterward, one of Phillips' Innocence Project attorneys visited the victim at her home in Georgia and obtained an affidavit from her saying she may have identified the wrong man. The defense team asked a three-member state Court of Appeals panel to declare Phillips innocent, but the request was denied. The Supreme Court of Virginia refused to hear the case because it only considers DNA results obtained from Virginia state labs. The only option after that was to get a pardon from the governor. Terry McAuliffe was governor when the petition was first submitted, and was followed by Gov. Ralph Northam, both Democrats. Neither acted on it. Since governors tend to issue the majority of their pardons at the end of their term, Phillips is praying that Republican Gov. Glenn Youngkin will act on it before he leaves office in January. State records show Youngkin has issued around 160 pardons during his 3½ years in office, far fewer than the 1,200 Northam issued. Most all were simple pardons, which is an official statement of forgiveness but doesn't remove the conviction or convictions from the person's record. Only two of Youngkin's pardons have been absolute pardons, and both were for misdemeanor crimes. Peter Finocchio, Youngkin's press secretary, said in an email to The Pilot that his office can't comment on pending pardon decisions. ___ Phillips received his ministry license while in prison and led Bible studies for other inmates. He earned a doctorate in theology from Tabernacle Bible College after he got out, and started a car detailing and small trucking business that later closed. His doctorate thesis largely centered on his life story, and his efforts to stay positive throughout his incarceration and help others through his ministry. Phillips and his fiancee, Nichelle, got married in May 2021. The two met in December 1990, while he was out on parole. Nichelle supported him throughout his incarceration, writing letters and visiting often. The couple now lives in the Kempsville home where Phillips was raised. 'He's the strongest man I've ever known,' Nichelle said. 'Hardworking, loving. I just have so much respect for him. He's been through so much and I want him to have everything that he deserves — sooner rather than later.' These days, Phillips is mostly focused on his ministry. He tapes his spiritual messages every Saturday at a small church in Norfolk. Nichelle records them using a cellphone and ring light. The half-hour videos are then streamed on the Goodvue Network, a free, faith-based streaming platform that can be found on Roku, Apple TV, Fire TV and others. Pastor Duke White, one of the founders of Goodvue Network, is among Phillips' biggest supporters. The network reaches more than a million viewers, White said, and Phillips' videotaped messages have been popular. 'His program has been in the top 10 five or six times in the past year,' the pastor said. 'He's been a profound teacher and a profound leader and it's only going to grow.' White also has had Darnell as a guest on some of his programs. 'His story is so inspiring and profound,' White said. 'He's been betrayed by so many and yet his level of forgiveness is extraordinary.' Phillips said that while he's extremely grateful for the efforts of his family and lawyers in securing his release — and the bravery of the young victim who came forward several years ago to say that she believed she'd identified the wrong man — his journey won't be complete until he's officially declared innocent. 'It (an absolute pardon) would mean true freedom for me,' he said. 'It would just give total restoration and healing in my life. It would make me whole.' Jane Harper,
Forbes
31-05-2025
- Business
- Forbes
Prisoners Set Back By Bureau Of Prisons Home Confinement 'Expansion'
Newly appointed Federal Bureau of Prisons (BOP) Director William Marshall III wrapped himself in the Trump flag by announcing an expansion of use of home confinement to allow prisoners more time in the community at the end of their prison sentence. Unfortunately, for many in prison the actions by the BOP will lead to longer stays in institutions, which is both more costly and a blow to those trying to get home sooner. The BOP issued a press release on May 28, 2025 touting, 'Federal Bureau of Prisons Issues Directive to Expand Home Confinement, Advance First Step Act.' However, a closer look reveals that this move neither expands home confinement nor advances First Step Act. When Trump signed the First Step Act into law in December 2018, advocates, prisoners and criminal justice reform groups all touted it as a major victory. The law was meant to both reduce the sentences for non-violent prisoners, many of whom are first time offenders, by up to a year and also give them the opportunity to serve more of their sentence under strict conditions in the community. However, the BOP has had a difficult time implementing this law under multiple directors since becoming law. It took over three years for the Department of Justice and BOP to finalize the Final Rule for First Step Act. During that time, thousands of inmates stayed in prison hoping they would receive credits to reduce their sentence. From January 2022 until now, the BOP has taken different positions on the law, leading some to get out of prison too late while others enjoyed the additional credits and were released earlier than anticipated. The BOP initially implemented the First Step Act by capping the credits through a rule that stated no credits could be earned within 6 months of release. BOP then issued a memorandum in March 2025 limiting the amount of halfway house placement for federal inmates from 12 months to 2 months, something central to the Second Chance Act, another hallmark piece of criminal justice reform. Both of these actions were rescinded after outcry from advocacy groups. In September 2024, the BOP implemented a new calculator to anticipate the effects of the First Step Act after other iterations of the calculator proved to be an inaccurate tool. The result was a predictive report that every inmate was given that provided them with a projected date for leaving the institution to live in the community and a release date from BOP custody. The reaction to those in custody and their families was immediate joy, however, that was short lived. The reports reflected 'stacking' the practice of showing the inmate both all of their First Step Act credits and the maximum amount of prerelease custody (12 months) under the Second Chance Act. To date, few inmates ever received the full compliments of these credits and the recent memorandum from Director Marshall upends 'Stacking.' Many people want to know what the new memorandum means and the BOP provided a statement clarifying their rule. When asked whether inmates are still eligible for Second Chance Act placement up to 12 months prior to their FSA conditional placement date, as has been the case, the BOP responded, 'Due to statutory restrictions found in 18 U.S.C. 3624(c)(1), an individual who has earned 365 days (12 months) of First Step Act credits to be applied to prerelease custody cannot receive additional prerelease time under the Second Chance Act.' The BOP's current stance contradicts its position from just a few months ago, when it stated that stacking First Step Act and Second Chance Act benefits was permissible. Now, without addressing its previous position, the BOP asserts that home confinement under the Second Chance Act is only allowed by law during the final 12 months of a prison sentence. Additionally, the BOP claims that home confinement under the First Step Act can only be applied when the First Step Act time credits earned are equal to the remaining length of the prison term. This means an inmate cannot apply First Step Act credits to home confinement while also receiving up to 12 months of prerelease custody (6 months in a halfway house and 6 months in home confinement) under the Second Chance Act. For many inmates, this change means they will have to remain in prison for up to a year longer than they had initially expected. The BOP's statement went on to say, 'For individuals eligible under the First Step Act (18 U.S.C. § 3624(g)), and who are projected to earn at least 365 days (12 months) of time credits for prerelease custody, referrals should be based on credits and the corresponding First Step Act Conditional Placement Date. There is no restriction concerning how many credits may be applied toward home confinement.' Those who earn a year off of their sentence and another year toward home confinement will not receive any Second Chance Act, meaning they will serve a year in a prison that could have been spent in the community. Former BOP Director Colette Peters (fired on January 20, 2025 by Trump), stated in a congressional hearing last year that capacity at BOP halfway houses was capped out. She stated at the time, "So this [halfway house capacity] is almost as significant of a problem as our recruitment and retention crisis and our infrastructure crisis, because as you're aware ... now under the First Step Act, they could spend months or years, and so that has created a substantial backlog in our residential reentry center.' In December 2018, when the First Step Act was signed into law, the residential reentry centers (or halfway houses) had a capacity of 10,500 beds. At that time, it was understood that the law would increase the number of people placed in prerelease custody. However, as of today, the capacity of halfway houses remains largely the same. As a result, those who are eligible for First Step Act credits, which would allow them to return home sooner, now find themselves competing for limited bed space with individuals who have been incarcerated for decades and rely on halfway house resources to reintegrate into society. The intent of the new memorandum was to redirect individuals who do not require halfway house services to home confinement. However, the outcome may be that fewer people are able to leave prison, and those who could have served part of their sentence in the community will end up remaining in prison for a longer period. In his press release about the expansion of halfway house use, Director Marshall said, 'President Trump said he would fight for the forgotten men and women of this country, and the First Step Act proved he meant it. Now, we are ensuring that this reform continues to work—not just as a policy, but as a promise to Americans seeking redemption and a path forward.' This new directive seems counter to Trump's promise.
