First Step Act

The First Step Act of 2018 (Public Law 115–391) was signed into law on December 21, 2018. The Act includes several requirements for the Department of Justice (DOJ) and its components, including the Bureau of Prisons (BOP), “related to developing and implementing a risk and needs assessment system, providing evidence-based recidivism reduction programs and productive activities to incarcerated people, and applying time credits” toward early release from secure custody. U.S. Gov’t Accountability Off., GAO-23-105139, 5 (2023).

First Step Act Earned Time Credits (ETC)

In addition to other awards and incentives, see 18 U.S.C. § 3632(d)(1)–(3), the First Step Act allows individuals to earn time credits that may reduce the amount of time they spend in secure custody, see 18 U.S.C. § 3632(d)(4). Incarcerated individuals may earn time credits “toward early transfer to prerelease custody (i.e., home confinement or Residential Reentry Centers) or to supervised release if they meet certain First Step Act eligibility requirements.” U.S. Gov’t Accountability Off., GAO-23-105139, 16 (2023).

PATTERN

The Prisoner Assessment Tool Targeting Estimated Risk and Needs is DOJ’s “risk assessment system” that BOP staff uses to measure an incarcerated individual’s risk of recidivism. U.S. Gov’t Accountability Off., GAO-23-105139, 11 (2023). Because risk factors vary based on whether an individual is male or female, PATTERN uses different “cut points” and evaluation criteria for each group. See id.; see also U.S. Dep’t of Just., Off. of Just. Programs, Nat’l Inst. of Just., 2022 Review and Revalidation of the First Step Act Risk Assessment Tool, NCJ 305720, 40–41 (Mar. 2023). More information about PATTERN can be found on the BOP’s website.

SPARC-13

The Standardized Prisoner Assessment for Reduction in Criminality is a 13-area “needs assessment system” that BOP staff uses “to identify incarcerated people’s needs that, if addressed, may reduce their recidivism risk.” U.S. Gov’t Accountability Off., GAO-23-105139, 13 (2023). These 13 need areas include anger/hostility, antisocial peers, cognitions, dyslexia, education, family/parenting, finance/poverty, medical, mental health, recreation/leisure/fitness, substance use, trauma, and work. Id. at 13–14 & n.28; see also BOP Program Statement 5400.01, First Step Act Needs Assessment 4 (June 25, 2021). “Different BOP units are responsible for assessing specific needs, some of which require the voluntary participation of the incarcerated person.” U.S. Gov’t Accountability Off., GAO-23-105139, 13 (2023). More information about SPARC-13 can be found on the BOP’s website.

Evidence-based Recidivism Reduction Program (EBRR)

An EBRR is a group or individual activity that (1) has been shown by empirical evidence to reduce recidivism or is based on research indicating that it is likely to be effective in reducing recidivism; (2) is designed to help individuals succeed in their communities upon release from prison; and (3) may include components related to, inter alia, social learning and life skills, parenting skills, morals or ethics, cognitive behavioral treatment, substance abuse treatment, vocational training or prison work programs, and faith-based classes or services. See 18 U.S.C. § 3635(3). The First Step Act Approved Programs Guide provides a listing and description of available EBRRs.

Productive Activity (PA)

A PA is a group or individual activity that is designed to allow individuals “determined as having a minimum or low risk of recidivating to remain productive and thereby maintain a minimum or low risk of recidivating,” and which may include the delivery of certain programming to other incarcerated individuals. See 18 U.S.C. § 3635(5). The First Step Act Approved Programs Guide provides a listing and description of available PAs.