We respectfully submit the following comments on the Commission’s tentative priorities for the amendment cycle ending May 1, 2023, with a particular focus on the implementation of the First Step Act of 2018. … In this current cycle, we welcome the Commission’s focus on the decarceration focus of the First Step Act, as well as all efforts to reduce the rate of incarceration in federal cases, the size and racial disparities of our federal incarcerated population, and the guideline rigidity that discourages or limits the recognition of each offender’s humanity and redemptive potential.

NACDL urges enactment of legislation to explicitly make all sentencing reform provisions of the First Step Act retroactive; to support commutation; and to support pro bono representation for inmates who might qualify for commutation pursuant to any systematic program announced by the Executive Branch.

The First Step Act was signed into law on Dec. 21, 2018. NACDL and its members have long pressed to fix the unjustly severe federal sentencing regime, advocating for much more sweeping changes than are included in the First Step Act. Although the law does not go nearly as far as NACDL would like, it will benefit many prisoners and has important implications for practitioners. In these members-only webinars, leading experts examine the intricacies of the First Step Act.

Congress Passes First Step Act; a Move in Right Direction for Federal Criminal Justice Reform - Washington, DC (Dec. 20, 2018) – Today, Congress passed the First Step Act and it is expected that the president will sign the bill into law in the coming days. NACDL and its members have long pressed to fix the unjustly severe federal sentencing regime, advocating for much more sweeping changes than are included in the First Step Act. 

NACDL seeks volunteers in historic pro bono effort to secure compassionate release for the most vulnerable federal prisoners.

FAMM, Washington Lawyers’ Committee, NACDL Launch Emergency Compassionate Release Effort-- In a massive pro bono effort, our groups are recruiting, training, and supporting lawyers who agree to represent individuals in federal prisons eligible for compassionate release and those at special risk due to COVID-19.

National Association of Criminal Defense Lawyers Welcomes BOP Rule Allowing for the Release of Thousands Under the First Step Act – Washington, DC (Jan. 13, 2022) – Thousands will be released from federal prisons over the next weeks thanks to implementation of a rule created by the 2018 First Step Act. The rule, implemented today by the Bureau of Prisons (BOP), allows incarcerated individuals to work toward home confinement or supervised release by completing approved Evidence-Based Recidivism Reduction (EBRR) Programs and Productive Activities (PAs).

Comments with FAMM to Deputy Attorney General Lisa Monaco regarding U.S. Attorney offices requiring waiver of the right to seek compassionate release during plea negotiations.

The First Step Act requires the Department of Justice to develop a risk and needs assessment tool to be used by Bureau of Prisons (“BOP”) to assess the recidivism risk of all federal prisoners. Inmates will be classified as minimum, low, medium or high risk, and will be placed in recidivism reduction programs based on identified needs.

The First Step Act (P.L. 115-391 756) was signed into law on December 21, 2018. The Act is a federal criminal justice reform bill that changes many harsh federal sentencing laws. The Act also expands compassionate release for qualifying federal inmates and offers current federal inmates rehabilitative programming and the possibility for early release from prison. Here you can find trainings, articles, and practice resources to help you better understand these changes and how to use them to help your clients.

The First Step Act (P.L. 115-391 756) was signed into law on December 21, 2018. The Act is a federal criminal justice reform bill that changes many harsh federal sentencing laws.  The Act also expands compassionate release for qualifying federal inmates and offers current federal inmates rehabilitative programming and the possibility for early release from prison.

Brief of FAMM, the National Association of Criminal Defense Lawyers, and the National Association of Federal Defenders as Amici Curiae in Support of Petitioner.

Argument: Trial judges must consider a defendant’s post-sentencing conduct and intervening legal developments when exercising their Section 404 authority to “Impose A Reduced Sentence.” Evidence of post-sentencing conduct and intervening changes in law significantly affects district courts’ exercise of Section 404 sentencing discretion—producing fairer and more appropriate sentences. The text and statutory context of the First Step Act compel consideration of post-sentencing conduct and intervening legal developments.

Brief of FAMM and NACDL as Amici Curiae in Support of Petitioner (On Petition for Writ of Certiorari). 

Argument: Every branch of government has recognized the profound injustice that resulted from the stacking of sentences imposed pursuant to Section 924(c). Congress finally remedied that wrong in the First Step Act. This Court should grant review to correct an egregious misunderstanding of Congress’s handiwork—and to remove an unnatural limitation on compassionate release that has produced an intractable circuit split. In the alternative, this Court should hold the Petition in abeyance and grant one or more of the other pending petitions that present the same issue.

Brief of FAMM and NACDL as Amici Curiae in Support of Petitioner (On Petition for Writ of Certiorari).

Argument: Every branch of government has recognized the profound injustice that resulted from the stacking of sentences imposed pursuant to Section 924(c). Congress finally remedied that wrong in the First Step Act. This Court should grant review to correct an egregious misunderstanding of Congress’s handiwork—and to remove an unnatural limitation on compassionate release that has produced an intractable circuit split. In the alternative, this Court should hold the Petition in abeyance and grant one or more of the other pending petitions that present the same issue.