First Step Act—Understanding the Basics (4/22/21)

Описание: First Step Act—Understanding the Basics

People in Federal Prison Can Initiate a Motion for Compassionate Release
As a result of the First Step Act, a person in prison can file a motion for compassionate release, adhere to proper procedures. That change in the law made an enormous difference, providing a mechanism people in prison could use to plead their case for compassionate release through a federa judge. Prior to the passage of the FSA, even a judge wanted to grant compassionate release, the mechanism did not exist. Now, assuming a person adheres to proper procedures, a judge will have jurisdiction to reconsider whether continued incarceration makes sense.
To qualify for compassionate release, a person should adhere to the disciplined strategy our team teaches through all of our coursework and consulting:
• Step 1: A person should document a strategy that will advance his or her candidacy for compassionate release.
• Step 2: A person should put priorities in place, so that he or she pursues the plan in accordance with the strategy.
• Step 3: A person should create tools, tactics, and resources that will help the person build a powerful case showing why the person is worthy of compassionate release.
• Step 4: A person should create an accountability metric to show why the person makes a compelling, and extraordinary case for consideration.
• Step 5: A person should execute the plan every single day, consistently documenting a strategy that advance the person’s candidacy for the highest level of liberty, at the soonest possible time.

Once a person has built an appropriate record of accomplishments, in accordance with the five steps we articulate above, the person can initiate the process for compassionate release. To start, the person must file a request for administrative remedy with the warden at the federal prison.
If the warden does not respond favorably to the request that a person made through administrative remedy, or if 30 days passes without the warden responding at all to the request for administrative remedy, the person can prepare a motion to file in federal court.
The standard that judges consider with regard to requests for compassionate release include:
i. Extraordinary and compelling reasons warrant a reduction; or
ii. The person has reached at least 70 years of age and served at least 30 years in prison for the current offense; and
iii. The BOP director determines that the person doesn’t threaten safety of any person in the community.
The BOP must also indicate that any reduction remains consistent with all policy statements issued by the US Sentencing Commission.
Obviously, a person that wants to pursue a strategy for compassionate release should lay out a thorough plan. In Earning Freedom, we reveal the plan that I laid out at the start of my lengthy sentence. Participants may learn from that strategy. The law for compassionate release did not exist during the 26 years that I served, between 1987 and 2013. If a person were to pursue a similar strategy now, that person would have a record that would advance possibilities for a positive outcome—or at least more favorable consideration.
The video below features our friend Adam Clauson. Despite a sentence of more than 200 years, a federal judge relied upon the First Step Act to grant his request for compassionate release after 20 years.


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1. How I Got 45-Years in Prison (2020)
a.    • How I Got 45 Years in Prison (2020)  
2. Coming Up With a Plan for Prison (2020)
a.    • Coming Up With a Plan for Prison (2020)  
3. How I Got an Education in Prison (2020)
a.    • How I Got an Education in Prison (2020)  
4. How to Get a College Degree in Prison (2020)
a.    • How to Get a College Degree in Prison (2020)  
5. How I Found Mentors in Prison (2020)
a.    • How I Found Mentors in Prison (2020)  
6. How I got a Master’s Degree in Prison (2020)
a.    • How I Got a Master’s Degree in Prison (2020)  
7. How I Became an Author in Prison (2020)
a.    • How I Became an Author in Prison (2020)