The First Step Act — What It Means for Federal Prisoners

The First Step Act (FSA) was signed into law on December 21, 2018, with overwhelming bipartisan support (Senate 87-12, House 358-36). The law applies only to federal prisoners — not state inmates — a critical distinction attorneys must communicate to clients. Key provisions include expanded safety valve, reduced mandatory minimums, three-strikes reform, earned time credits (up to 54 days/year), compassionate release expansion, and a 500-mile geographic placement requirement. Some provisions are retroactive (crack cocaine sentences, good time credit calculation); others are prospective only. Justice Advisory Group assists attorneys and clients in navigating these provisions.

Before the FSA, a defendant could have no more than 1 criminal history point to qualify. After the FSA, up to 4 criminal history points (excluding one-point minor misdemeanors) are allowed. Prior three-point felonies and two-point violent offenses remain excluded. This provision is prospective only and does NOT help inmates already sentenced.

The prior drug felony threshold has been redefined to require a served term of 12+ months, punishable by 10+ years. For a second prior qualifying conviction, the mandatory minimum is reduced from 20 years to 15 years. For a third prior qualifying conviction, the mandatory minimum is reduced from life to 25 years (three-strikes reform). Note: 'serious drug felony' and 'serious violent felony' must have been served within 15 years of the current offense.

Under the old law, there was an automatic life sentence for three or more serious drug/violent felony convictions. The new law imposes a 25-year mandatory minimum instead of life. This does NOT apply retroactively to those already serving life sentences.

Eligible inmates earn 10–15 days of time credit per 30 days of successful program participation. Credits are applied toward pre-release custody (halfway house or home confinement). Risk assessment via the PATTERN tool determines eligibility. Disqualifying offenses include terrorism, murder, sex offenses, fentanyl trafficking organizers/leaders, and deportable inmates. Good conduct time increased from 47 to 54 days per year (retroactive). U.S. Sentencing Commission data (March 2026) shows 18,084 individuals were released in 2024 after earning and applying FSA time credits.

Inmates can now file compassionate release motions directly with courts, bypassing the BOP as gatekeeper. Qualifying conditions have expanded to include terminal illness, dementia, elderly inmates (70+ with 30+ years served), and family circumstances. Average compassionate release grants have increased twelve-fold from FY2019 to FY2020.

The BOP must place inmates within 500 driving miles of their primary residence when space and security permit. Family proximity is acknowledged as critical to reducing recidivism.

The Fair Sentencing Act of 2010 is made retroactive by the FSA, making approximately 2,600 prisoners eligible for retroactive sentence reduction. The mean sentence reduction is approximately 30%, nearly 6 years. Over 91% of beneficiaries are African American males. Inmates file motions directly in federal court, with the BOP no longer acting as gatekeeper.

Before the FSA, enhanced mandatory minimums could stack for concurrent gun charges. After the FSA, the enhancement only applies if the defendant has a prior final 924(c) conviction. This is prospective only and does not benefit those already serving stacked sentences.

The FSA does not eliminate mandatory minimums — it only modifies certain thresholds. It does not apply to state prisoners — it is exclusively for federal inmates. Most sentencing reforms are not retroactive — safety valve, reduced drug minimums, and three-strikes reform are prospective only. It does not apply to violent offenses — those convicted of violent crimes face limited relief. The FSA does not guarantee release — eligibility depends on risk assessment, program availability, and BOP compliance. FSA credits are not available to all — disqualifying convictions listed in 18 U.S.C. §3632(d)(4)(D) exclude approximately 70 offense categories.

BOP implementation has been slow — 42 months after enactment, only about 6% of prisoners had received recalculations. The PATTERN risk assessment tool shows racial disparity: Black prisoners are half as likely as white prisoners to receive a 'minimum/low' risk classification. The DOJ under both administrations has sometimes opposed inmate motions for sentence reduction. Despite challenges, over 3,000 federal prisoners were released in the first year; 1,691 sentence reductions occurred in the first 7 months. In 2024, 18,084 individuals were released using FSA time credits (USSC, March 2026).