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Navigating the Complexities of the First Step Act: Insights from a Recent Podcast Appearance

July 3, 2024

Navigating the Complexities of the First Step Act: Insights from a Recent Podcast Appearance

Walter Pavlo

In a recent appearance on the "Set For Sentencing" podcast, the intricacies and challenges of the First Step Act (FSA) were thoroughly discussed. The podcast, hosted by an expert in federal sentencing, featured Walter Pavlo, founder of prisonology.com and a frequent contributor to Forbes on Bureau of Prisons (BOP) issues.

The First Step Act is designed to offer non-violent offenders the opportunity to reduce their sentences through participation in rehabilitative programming and demonstrating good conduct. Despite its noble intentions, the implementation of the FSA has encountered significant hurdles, leading to widespread confusion and frustration among those it aims to help.

The conversation delved into the core issues surrounding the FSA, particularly the BOP's difficulties in executing the law effectively. These challenges often leave individuals facing incarceration and their legal representatives with numerous unanswered questions about the program's functionality and benefits.

The episode is a valuable resource for those dealing with the federal prison system, offering clarity on the FSA's provisions and actionable advice to optimize the chances of early release for eligible individuals.

The podcast episode covered various aspects of the FSA, including the following key points:

Understanding the First Step Act: A comprehensive overview of the FSA, highlighting its goals and intended impact on reducing incarceration time for non-violent offenders.

Implementation Challenges: An in-depth discussion on how the BOP's current practices hinder the proper implementation of the FSA, creating obstacles for inmates striving to benefit from the program.

Practical Advice: Valuable insights and practical pointers were shared, aimed at helping legal professionals better navigate the complexities of the FSA and provide more informed guidance to their clients.

For a detailed exploration of these topics and more, watch the full podcast episode below:

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The conversation with Walter Pavlo provides critical insights into the FSA and sheds light on the persistent issues within the BOP's implementation process. It’s a must-watch for anyone involved in federal sentencing, offering a deeper understanding of how to effectively leverage the First Step Act for those it’s meant to serve.

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In a recent appearance on the "Set For Sentencing" podcast, the intricacies and challenges of the First Step Act (FSA) were thoroughly discussed. The podcast, hosted by an expert in federal sentencing, featured Walter Pavlo, founder of prisonology.com and a frequent contributor to Forbes on Bureau of Prisons (BOP) issues.

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Troubled Women’s Federal Prison Raided By FBI

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OIG Issues Compendium Of Bureau Of Prisons Challenges

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Federal Judges Consider Federal Prison Conditions During Sentencing

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CARES Act Prisoners On Home Confinement Become Political Pawns

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January 16, 2024

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December 29, 2023

Federal Bureau Of Prisons Faces Many Challenges In 2024

With 2023 drawing to a close, the Federal Bureau of Prisons (BOP) completed its first full year under the leadership of Director Colette Peters. Peters replaced controversial director Michael Carvajal who took over leadership of the BOP just as COVID-19 ripped across the country and brutally attacked prison populations across the country.

November 28, 2023

Bureau Of Prisons’ CARES Act Left Many Behind

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November 28, 2023

OIG’s Surprise Visit Uncovers Problems At Women’s Federal Prison

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November 28, 2023

Old And Facing Federal Prison

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September 13, 2023

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Prior to January 2022, a federal prison term for many first time offenders meant serving the majority of the imposed sentence, approximately 85%, with the sole break coming from Good Conduct Time of 54 days for each year of the term of imprisonment.

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Elizabeth Holmes of Theranos fame, surrendered to the federal prison camp FPC Bryan in Texas on May 30, 2023, to begin a 135-month sentence for fraud. 1 Media outlets followed her actions to postpone her surrender to prison while she appealed her conviction but ultimately those efforts failed.

The Unnecessary Risk Of Incarcerating Minimum Security Inmates

Our political leaders banter back and forth about incarcerating members of the opposite party. In fact, phrases like “toss them in prison” or “lock’em up” have been so misused that we forget the responsibility that comes with taking people into custody and assuming the risks associated with their care while in custody.

End of CARES Act Home Confinement Is Near For Many Federal Prisoners

The United States Senate voted Wednesday to terminate a COVID-19 pandemic national emergency order which had recently been extended by President Joe Biden. The CARES Act was set to expire on May 11, 2023 but with Biden expected to sign this law, will mean it will expire sometime in early April 2023.

Bureau Of Prisons Sees End Of Cares Act Home Confinement Some Prisoners Will Be Left Behind

The CARES Act provided funding for the United States to tackle the COVID-19 pandemic, but it provided the Federal Bureua of Prisons (BOP) a means to both reduce crowding in federal prisons and place some minimum security prisoners with underlying health conditions on home confinement to complete their sentences.

The Bureau Of Prisons Evolving Calculation Of First Step Act

Since January 2022, the Federal Bureau of Prisons (BOP) has been trying to determine how to calculate how the First Step Act (FSA), a law signed by President Donald Trump in December 2018.

February 25, 2023

Tucson Federal Prison Camp Prisoners On Lock Down Months After Attempted Shooting

Jaime [full name withheld] had not been feeling himself and was disconnected from the rest of the prisoners at USP Tucson satellite camp, a minimum security federal prison in Tucson, Arizona.

February 22, 2023

Working Out The Bugs On The Bureau Of Prisons’ First Step Act Calculator

This week, many federal prisoners found out that their First Step Act (FSA) credits, which had been incorrectly calculated by the Bureau of Prisons (BOP), were finally corrected.

February 22, 2023

Federal Inmate Dies Choking On His Own Blood While Locked In Cell At FCI Miami

On December 12, 2022, FCI Miami Warden Samantha Serrano signed a letter to U.S. District Judge W. Louis Sands (Middle District of Georgia), which stated an inmate the judge had sentenced to prison had died while in custody. The letter read “This letter is to notify you of the death of Robert Pressley…

February 22, 2023

Tzedek Association Worked the Halls of Congress to Push First Step Act into Law

It is the 4th anniversary of the First Step Act (FSA), one of the most meaningful criminal justice reforms in decades. While many people and organization rallied to bring about the historic law, the story of the driving forces behind its creation are not as well known.

February 22, 2023

Sam Bankman-Fried’s Indecisiveness Common With New Defendants

Sam Bankman-Fried, founder and former CEO of the crypto-trading platform FTX, has sent mixed messages about his legal moves. It is not uncommon for newly minted defendants, who are calling the shots, to waiver on what they will do next because they are in new territory.

February 22, 2023

Tucson Federal Prison Camp Prisoners On Lock Down Months After Attempted Shooting

Jaime [full name withheld] had not been feeling himself and was disconnected from the rest of the prisoners at USP Tucson satellite camp, a minimum security federal prison in Tucson, Arizona.

February 23, 2023

Federal Bureau of Prisons Set To End Home Confinement Under CARES Act

Jaime [full name withheld] had not been feeling himself and was disconnected from the rest of the prisoners at USP Tucson satellite camp, a minimum security federal prison in Tucson, Arizona.

November 27, 2024

Bureau Of Prisons Director Speaks Out After Latest OIG Report

Looking back at past management challenges for the Department of Justice you will find an Office of Inspector General (OIG) reportthat lists the Federal Bureau of Prisons as an area of concern. Chief among those concerns are crumbling infrastructure and under-staffed facilities. The latest OIG report lists the challenges for DOJ and again there is no surprise that the BOP is there with the usual problems. In fact, Inspector General Michael Horowitz stated in the report that over the past 20 years, the OIG has issued over 100 reports detailing these serious systemic issues facing the BOP. His conclusion was that “among the many challenges facing the BOP is its persistent inability to address staffing shortages in key positions, lack of sufficient funding to repair its crumbling infrastructure, and the introduction of contraband at its prisons.” However, BOP Director Colette Peters thinks such reports do not tell the whole story and agreed to a sit-down interview with me to address the report and provide a bit more context as to how the Agency is pushing forward.

December 5, 2024

Federal Bureau Of Prisons Closing Prisons Ahead Of Trump Presidency

The Federal Bureau of Prisons (BOP) announced a surprise move to close 6 federal prison camps and permanently close FCI Dublin. FCI Dublin, a troubled women’s prison in California that earned the name “Rape Club” after the warden, chaplain and several staff members were found guilty of federal crimes for inappropriate relationships with female prisoners.

December 12, 2024

Biden To Commute Sentences Of Those On CARES Act Home Confinement

Each day, over 1,500 prisoners are relieved that they are serving their prison term on home confinement rather than being in one of 122 Federal Bureau of Prisons (BOP) facilities. They represent the last of those prisoners on home confinement who were allowed to be part of CARES Act transfer, a program started as COVID-19 struck the U.S. and ripped through the prison system. The program allowed mostly minimum security prisoners, with no history of violence, to serve their remaining prison sentence on home confinement. For many, that meant serving years of their sentence at home rather than prison. Today, the Biden administration announced that those remaining prisoners who have served at least a year on home confinement under CARES Act will have their sentence commuted. It is one of the largest commutations announced in a single day by any U.S. President.