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Florida Atlantic University Undergraduate Law Journal

Advisor

Anita Blowers

College

Social Work and Criminal Justice

Keywords

First Step Act, Criminal Justice, Rehabilitation, Recidivism Reduction, Restorative Justice, Incarceration, Inmate Reentry, Federal, Bureau Prisons, Legislative Intent, Judicial Interpretation, Case Law, Administrative Discretion, Judicial Deference, Enforcement Gap, Rehabilitative Rights, Private Action, Transparency, Judicial Oversight, Public Safety, Sentencing Reform

Document Type

Article

Abstract

The First Step Act of 2018 represents a significant congressional effort to steer the federal criminal justice system towards rehabilitation and recidivism reduction. By requiring evidence-based programming and incentivizing inmates’ participation in rehabilitative programs, Congress aimed to integrate restorative justice principles into federal incarceration and inmate reentry policy. While this act was intended to promote rehabilitative justice, implementation by the Bureau of Prisons remains inconsistent, resulting in many of the Act’s rehabilitative goals being unachieved. This paper examines the legislative intent, fundamental construction, and judicial interpretation of the First Step Act to assess whether the Act effectively creates enforceable rehabilitative rights for inmates. Through the analysis of case law, administrative discretion, and judicial deference doctrines, this paper identifies the critical enforcement gap between congressional mandates and institutional practice. Finally, this paper will propose targeted reforms, including the creation of a private right of action, mandatory transparent reporting practices, and judicial oversight tools, to transform the First Step Act from a discretionary policy into an enforceable framework capable of achieving extensive rehabilitative and public safety results.

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