BOP’s Updates to First Step Act Calculations

With a new administration coming in January 2025, significant changes are expected at the Federal Bureau of Prisons (BOP). One area of focus is the revival of the death penalty, a stark contrast to the moratorium imposed during Biden’s presidency. Trump is expected to push for executions to resume swiftly.

The 2018 First Step Act, designed to reduce sentences and increase community-based incarceration, still faces implementation challenges.  The BOP has struggled with calculating credits and securing enough community housing.  This is despite the law’s potential to cut costs by reducing prison populations.  Given the new administration’s focus on fiscal responsibility, there will probably be more pressure to streamline these processes and reduce overcrowding.

Private prisons, another new priority, may also see a resurgence, especially in housing non-U.S. citizens. This could lead to a new chapter for private prison companies like GEO Group and CoreCivic, which saw their stock prices rise after the Presidential election this year.

Staffing continues to be a major hurdle for the BOP.  The previous push for government-wide hiring freezes and cuts in staffing may continue, despite the BOP’s budget requests and infrastructure needs. With a tight budget, it’s unlikely the requested funding will be fully allocated, forcing the agency to do more with less.

Home confinement policies, particularly for prisoners released under the CARES Act, could also change.  While President Biden allowed discretion, President-elect Trump may revisit the issue, potentially sending more prisoners back to prison.  Lastly, with a history of reshuffling BOP leadership, it is possible there will be a new director appointed to oversee the agency, especially as the current director, Colette Peters, navigates increasing challenges.

As a Republican reign begins, the BOP is in for a period of major transformation, with a focus on cost-cutting and changes in prisoner management.