The Courts, Congress, and the Bureau of Prisons: Using the First Step Act as an Impetus for Accountability and Legal Reform of the Federal Carceral System

(Excerpt) On December 18, 2018, the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act, or First Step Act, became law. The Act reflected decades of social, racial, and economic justice advocacy and years of legislative work. In the five years preceding the Act’s passage, lawmakers built a new case for criminal justice reform. ... From 2018 to today, the First Step Act has galvanized discussions about what comes next in criminal justice reform. Most observers have criticized the limited architecture and implementation of the Act, but some have hailed the Act’s utility during the COVID-19 pandemic and the aftermath of the 2020 racial justice protests following the killing of George Floyd. Broad coverage of the Act, including reports from the Bureau of Prisons, Department of Justice, and Office of the Inspector General, offers a clearer picture of the successes and failings of our criminal justice system than we have had in years. In light of the First Step Act, we can see both systemic degeneracies and pathways to change. This Article charts that landscape. The Article proceeds in four parts. First, it describes decades of prison science and administration failure. Second, it illustrates how the Courts have largely sanctioned this failure in the past but are beginning to question the capacity and authority of the Bureau. Third, it details Congressional failure on prison policy, highlighting missed opportunities in the First Step Act and suggesting how Congress should focus future criminal justice reform efforts. Fourth, it concludes with a call to action to build on the momentum of the First Step Act.