Therefore, inmates whose offense was committed prior to Augmay now be eligible for a sentence reduction as if the Fair Sentencing Act was in effect at the time they committed their offense. Specifically, the First Step Act made the Fair Sentencing Act of 2010 retroactive.
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The Fair Sentencing Act removed the disparity between crack and powder cocaine, but did not make the law’s effect retroactive for those who had already convicted under the old laws.įortunately, the First Step Act fixes that problem. The Fair Sentencing Act of 2010 remedied that problem only part of the way. The sentencing disparity between offenses involving crack cocaine compared to powder cocaine had the effect of imposing longer sentences on African-American defendants compared to defendants of other races. The inmates covered by the Fair Sentencing Act include those convicted under the following drug offense statutes:Īn important aspect of the First Step Act is that it finally cures an injustice that had persisted for years. The grounds for the motion would be that the inmate’s offense is covered under the Fair Sentencing Act of 2010. The First Step Act’s provision that incorporates the Fair Sentencing Act allows an inmate, the Federal Bureau of Prisons (BOP) Director, the prosecution, or the sentencing court itself to make a motion to reduce an inmate’s sentence. The first way to obtain an early release from prison is by making a motion to the court directly for an early release. Credit for completion of a recidivism reducing program,.Lets walk through 4 main ways to get early release from prison, under the First Step Act, for an inmate to obtain early release or additional community custody (home detention or halfway house), as follows:
That reduction can be accomplished in a number of ways. The First Step Act, passed last December, has as one of its main focuses the reduction of the current federal prison population.
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