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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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November 12, 2024

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The final rule on First Step Act (FSA) was only published in January 2022 in the Federal Register, over three years after President Donald Trump signed the legislation into law. Dep’t of Just., Bureau of Prisons, FSA Time Credits, 87 Fed. Reg. 2705 (Jan. 19, 2022) (to be codified at 28 C.F.R. pts. 523, 541). Like other criminal laws passed by Congress and signed into law, such as the Second Chance Act, the Bureau of Prisons’ (BOP) interpretation of FSA was narrow, and it was not until the Federal Register final rule that the real intent of FSA was clarified.

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

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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In December 2018, the United States Congress overwhelmingly adopted the First Step Act, which then-President Donald Trump signed into law. The law provided a way to allow inmates to earn credits toward reducing their sentence by up to a year by participating in programming and productive activities. In addition, credits could be earned to allow inmates to serve an unlimited amount of time on home confinement based on the number of credits they earned.

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Bureau Of Prisons Releases Encouraging Study On CARES Act

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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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February 27, 2024

Federal Judges Consider Federal Prison Conditions During Sentencing

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February 16, 2024

Bureau Of Prisons Again Under Scrutiny By Office Of Inspector General

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February 13, 2024

Bureau Of Prisons Director Lays Out Goals For Improving Agency

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February 6, 2024

GAO Releases Report On Federal Prisons’ Use Of Restrictive Housing

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January 29, 2024

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January 15, 2024

Biden’s Mixed Messaging On Criminal Justice Reform

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January 12, 2024

Former Federal Prisoner Has Sights On A Congressional Seat

Mary “Kay” Rogers was the Butler County Auditor, an elected office, in southwestern Ohio. A Republican, Rogers was outspoken and successful in her position. However, her time in the office did not end well. Rogers resigned in 2008 after pleading guilty to bank and mail fraud and was sentenced to 24 months in prison. She was released in May 2013 and then completed 5 years of supervised release, a particularly long period of supervision post prison. Out of prison and now in private business, she filed papers to run for the 8th Congressional District in Ohio and hopes to change things in Washington DC.

January 5, 2024

CARES Act Prisoners On Home Confinement Become Political Pawns

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January 16, 2024

The Bureau Of Prisons’ Halfway House Problem

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December 29, 2023

Federal Bureau Of Prisons Faces Many Challenges In 2024

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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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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.