Skip to content
Part of the Law Professor Blogs Network

Federal Bureau of Prisons releases new directive on home confinement and First Step implementation

Walter Pavlo has this notable new Forbes piece headlined “Federal Bureau Of Prisons To Expand Home Confinement.”  Here is how it begins:

The First Step Act is a significant piece of criminal justice reform legislation signed into law by Donald Trump on December 21, 2018. The law was designed to address issues within the U.S. criminal justice system, particularly focusing on sentencing reforms, rehabilitation programs, and prison reform. The First Step Act is considered one of the most comprehensive changes to the criminal justice system in recent years.

Now, over six years since it passed, the Federal Bureau of Prisons (BOP) has still not fully implemented the program. Trump’s new BOP Director William Marshall III issued a press release stating that “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.” The press release went on to state that the BOP is expanding the use of home confinement to help further implement the First Step Act.

The Forbes piece merits a full read as it highlights much of the context and particulars of one aspect of First Step Act implementation. In addition, the DOJ press release closes with these notable sentiments:

This directive builds on the success of the First Step Act, which has helped individuals return to their communities with a recidivism rate significantly lower than the national average. It recognizes that real lives have been changed and communities made safer — proof that smart reform and public safety can go hand-in-hand.

The Bureau remains committed to the rule of law and the fair treatment of all individuals in its custody. As President Trump has shown in both word and action, second chances are not just possible — they are necessary for a justice system worthy of the American people.

This directive is a critical step toward continuing that legacy. In President Trump’s second term, the promise of reform will not only be preserved — it will be completed.

These statements suggest to me not only that we can expect continued work on First Step Act implementation, but also that we might reasonably hope for for a possibel Second Step Act and/or other criminal justice reform efforts.