https://www.nationalreview.com/2018/11/first-step-criminal-justice-reform-bill-whats-in-it/The bad outweighs the good.
It remains to be seen whether the lame-duck 115th Congress will debate a sweeping overhaul of our federal criminal-justice system before we adjourn for the year. You may have heard about the legislation at hand, the FIRST STEP Act. I oppose it. I urge my fellow conservatives to take the time to read and understand the bill before signing on in support of this flawed legislation.
The 103-page bill that was released the Friday before Thanksgiving has some good parts, and I don’t question the intentions of the bill’s proponents. But you may have noticed that they talk more about their intentions than about the consequences of the bill. As conservatives, we know that good intentions say little about actual consequences. And to paraphrase Thomas Sowell, intellectuals who generate ideas with good intentions rarely have to face the consequences of those ideas personally.
When proponents of the bill discuss the substance, they claim that “nothing in the FIRST STEP Act gives inmates early release.” Instead of early release, proponents say, it merely provides incentives for inmates to participate in programs. This is nothing but a euphemism. Let there be no doubt: If the bill is passed, thousands of federal offenders, including violent felons and sex offenders, will be released earlier than they would be under current law. Whatever word games the bill’s proponents use will make no difference to the future victims of these felons.
Proponents also claim that only “low-level, non-violent” offenders will benefit, and that there are adequate safeguards to protect the public. If I believed these assertions, I would support the FIRST STEP Act. But a careful reading of the bill’s text, as opposed to the talking points used to promote it, shows that violent felons are eligible for early release, and that many of the bill’s provisions go against core conservative principles.
For background, according to the Department of Justice, the Senate version of the FIRST STEP Act creates a new “time credit” system that allows federal prisoners to accrue credits by participating in “evidence-based recidivism reduction programming or productive activities.” These new credits are in addition to existing “good time” credits and are worth up to one-third of the offender’s sentence.
The first problem with this new system is that “productive activities” is defined so vaguely that, according to the Bureau of Prisons, playing softball, watching movies, or doing activities that the prisoners are already doing today will result in new time credits. The whole idea behind these incentives is that prisoners will be less likely to recidivate upon release. But if the credits are this easy to get, how will this change the behavior of serious felons?