Latest news with #FirstStepAct
Forbes
2 days ago
- Politics
- Forbes
Exclusive Interview With Bureau Of Prisons Director William Marshall
Walt Pavlo spoke with newly appointed Bureau of Prisons Director William Marshall III A New Administration Newly appointed Bureau of Prisons (BOP) Director William Marshall III provided an exclusive interview regarding his first 10 weeks in the position and how he is addressing the many challenges facing the Agency. Director Marshall, who formerly headed the West Virginia Division of Corrections and Rehabilitation, inherited a BOP office in disarray and void of leadership. Director Colette Peters was dismissed in the opening hours of the Trump administration in January and the acting director named as her temporary replacement announced his retirement shortly after his appointment. Marshall told me, 'We are a different administration from the previous one that did little to move some important initiatives that were started under Donald J. Trump. We intend to fully implement the First Step Act (FSA), something that will be part of this president's legacy on criminal justice reform.' Marshall understands that there have been communication problems within the BOP, which has been a major problem in implementing the FSA. Marshall said that key to the FSA law was returning non-violent offenders back home as soon as possible while focusing on locking those up who pose a threat to society. 'The President and Attorney General Pamela Bondi are committed to Making America Safe Again,' Marshall said. Full Implementation Of First Step Act Successfully implementing the First Step Act (FSA) relies on effectively communicating the program to case managers responsible for overseeing the re-entry plans of inmates nearing release. Under the FSA, eligible inmates can earn up to 15 days off their sentence per month, with a maximum reduction of one year. After reaching this limit, they can earn an unlimited number of days toward home confinement. However, challenges have hindered the program's implementation, primarily due to computer programming issues preventing accurate calculation of sentence reductions under the FSA, as well as a lack of clear guidance for case managers. Marshall stated, "First, our office in Washington is always available, and case managers can call us with any questions. Additionally, we will be soon be hosting a national training event to provide specific guidance on our approach, alongside the directives we've already issued. However, it's important to note that people must be part of the solution to make this Agency great, and I am confident we will achieve that." In speaking with many inmates and their families over the past few weeks, they tell me of signs on case manager doors stating they have no information on the new FSA directive. 'We have to provide clear communication to the field,' Marshall said of such stories, 'We are looking for people [case managers] who are part of the solution to fully implementing FSA.' Families I have spoken to remain skeptical as the BOP has fallen short in providing clarity on its own policies, leading to lawsuits and some people staying in prison longer than the law allows. Many just want to know when their loved one is coming home. One remaining uncertainty is how far the BOP will go in utilizing both the FSA and the Second Chance Act, a law that allows up to one year of prerelease custody. By "stacking" the two programs, inmates could spend more time in the community, searching for job opportunities and reconnecting with their families sooner. However, limited capacity at residential reentry centers (halfway houses) has resulted in many inmates staying in prison longer than necessary. "We need to address this," Marshall said, 'we have halfway house space, but we need to be smarter in how we use it. Ultimately, our goal is to return people to the community who pose no threat to public safety.' Finding The Right People Marshall said he has met with union leadership and staff at a few facilities during his short time at BOP. While he was impressed with many people he met, Marshall said that the Agency is going to change for the better and there is always reluctance to any change. 'Staff have to ask themselves, 'Is this where I want to be?'' Marshall said, 'but I have seen a few of these facilities with my own eyes and there are people here who buy into our mission of safely incarcerating those who are dangerous and returning others to society sooner.' The BOP is represented by the American Federation of Government Employees (AFGE), a union that represents thousands of BOP employees across the United States. The AFGE advocates for better working conditions, pay, and benefits for federal correctional officers and other BOP staff. In March 2025, President Trump signed an executive order using authority granted by the Civil Service Reform Act of 1978 to end collective bargaining with federal unions in agencies with national security missions, including the Department of Justice, which oversees the BOP. This order effectively removed BOP employees from the Federal Labor-Management Relations Program, stripping unions of their right to negotiate on behalf of employees. The executive order was met with strong opposition from unions representing federal workers, including the AFGE. Unions argued that the order violated First Amendment rights and undermined workers' protections. In response, AFGE and other unions filed lawsuits challenging the legality of the executive order. In June 2025, a federal judge issued a preliminary injunction blocking the enforcement of the executive order, stating that the unions were likely to succeed in proving that the order was illegal and violated constitutional rights . 'My question to AFGE when I spoke with their leadership was whether they were sincere about being part of the BOP's success,' Marshall said, 'and the feedback that I got was that they are. We may have differences but we all know the BOP must make significant changes to meet our complex mission of safety and returning better people to society.' Infrastructure And Staffing Two major issues facing the BOP have been its crumbling infrastructure and hiring to fill thousands of open positions. Marshall indicated that Trump's Big Beautiful Bill, which is still being negotiated, provides for billions in infrastructure improvement and for hiring staff. 'I am confident that we will get the support to upgrade our facilities that have been neglected for so long,' Marshall said, 'and we are going to have money for hiring people.' Former Director Peters and her predecessor Michael Carvajal, both went to Congress asking for up to $3 billion to repair existing prison facilities to bring them up to modern standards. Marshall said that the real number could be closer to $4 billion. Under the previous administration, not only did the BOP get only limited funds to prepare its prison facilities but it also operated under a continuing resolution budget that was over 2 years old. Asked whether prisons would be closed as the population of inmates have decreased over the past 10 years. 'We are looking at everything,' Marshall said, 'but we have no announcements to close additional facilities at this time.' Just last week, Marshall announced that a federal prison camp in Morgantown, WV would remain open despite it being on a list set for closure last December. Regarding staffing Marshall indicated that there was going to be an increase in funding for retaining and acquiring new staff. 'Our people are important and we have to be competitive,' Marshall said. Deputy Director Josh Smith Marshall also spoke about the leadership of Deputy Director Josh Smith who was appointed just a few weeks ago. Smith is the highest ranking BOP executive who also had a past felony conviction decades ago. Smith was pardoned by Trump at the end of his first term in office. 'People will see Deputy Director Smith as someone who is committed to BOP staff and their safety,' Marshall said, 'he has a passion and commitment to make the BOP successful and we're lucky to have someone like that here with us.' Some in the BOP, particularly on social media, have been highly critical of Smith, something Marshall said he was aware of. 'Deputy Smith is one of the hardest working people I know and the people in our Agency will see this when they meet him,' Marshall said, 'when I've been with him at facilities there was an eagerness for change and I see in him a confidence to bring about that change.' Following Through Director Marshall is aware of past promises from BOP management and how those have fallen short. Under Director Peters, she promised pushing more people into the community as well but her initiatives were plagued by computer problems, missteps in implementation and a shortage of residential reentry centers. 'We have to do better and I promised that I would not just manage from here in Washington,' Marshall said, 'but I am committed to be out in the field at these facilities so I can give our people the resources they need to complete their mission.'
Newsweek
6 days ago
- Politics
- Newsweek
Samuel Alito Accuses Supreme Court of Ignoring Congress—'Indefensible'
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. Justice Samuel Alito said the Supreme Court ignored Congress's intention in its ruling on retroactive relief under the First Step Act on Thursday. "Instead, the Court embraces an interpretation that has no limiting principle and affords petitioners a windfall," Alito wrote in his dissent. "That is an indefensible result based on indefensible reasoning. I cannot agree with the Court's decision, so I must respectfully dissent." Justices Clarence Thomas, Brett Kavanaugh and Amy Coney Barrett joined Alito's dissent. Why It Matters The case centers on the First Step Act, a 2018 law aimed at reforming federal prisons and sentencing laws. The legislation included more lenient sentencing guidelines for individuals who possess a firearm while committing other crimes. The law retroactively applies to an eligible offender whose sentence "has not been imposed." The Court majority ruled that any offender who appears before the court for sentencing since the First Step Act was enacted is subject to the new guidelines under the law, including offenders who are being resentenced. Justice Samuel Alito joins other members of the Supreme Court as they pose for a group portrait on October 7, 2022. Justice Samuel Alito joins other members of the Supreme Court as they pose for a group portrait on October 7, 2022. AP Photo/J. Scott Applewhite, File What To Know In 2009, Tony Hewitt, Corey Duffey and Jarvis Ross were convicted of multiple counts of bank robbery and conspiracy to commit bank robbery, along with use of a firearm during a crime of violence. They were each sentenced to five years for their first use of a firearm offense, and 25 years for each count beyond their first. In total, they each received a sentence exceeding 325 years. Roughly 25 years of that sentence were due to robbery-related charges. A district court vacated the sentences and some convictions after the enactment of the First Step Act. At resentencing, Hewitt, Duffey and Ross argued that the more lenient penalties under the new legislation apply. Justice Ketanji Brown Jackson wrote the Court's majority opinion, except for parts four and five, which Chief Justice John Roberts and Justice Neil Gorsuch did not join. She said the law indicates that "only past sentences with continued validity preclude application of the Act's new penalties." Alito said that the law's text does not support the Court's "boundless interpretation," which would allow any defendant whose sentence is vacated to claim retroactive relief. "Indeed, the portions of today's decision that command the votes of only three Justices give the game away," he wrote. What People Are Saying Justice Ketanji Brown Jackson, in the Court majority opinion: "A judge would thus correctly conclude at resentencing that, if an offender's past sentence has been vacated, a sentence 'has not been imposed' upon that offender for purposes of the First Step Act; hence, the court can impose a new sentence today." Justice Samuel Alito, in a dissenting opinion: "Animating the Court's atextual interpretation is a thinly veiled desire to march in the parade of sentencing reform. But our role is to interpret the statute before us, not overhaul criminal sentencing." What Happens Next The Court's ruling reversed the Fifth Circuit Court of Appeals' interpretation of the law. The case was remanded for further proceedings. Do you have a story that Newsweek should be covering? Do you have any questions about this story? Contact LiveNews@
Yahoo
11-06-2025
- Politics
- Yahoo
Kim Kardashian blasts Trump administration for ‘inhumane' immigration raids
Kim Kardashian has called out the Trump administration over its 'inhumane' immigration raids in Los Angeles, which have generated national outcry and spurred days of protests in the city. 'When we're told that ICE exists to keep our country safe and remove violent criminals — great,' Kardashian wrote in a statement posted to her Instagram story on Tuesday. 'But when we witness innocent, hardworking people being ripped from their families in inhumane ways, we have to speak up. We have to do what's right.' Kardashian, a lifelong resident of Los Angeles County, said she has seen firsthand 'how deeply immigrants are woven into the fabric of this city.' 'They are our neighbors, friends, classmates, co-workers and family,' she continued. The reality star told her more than 356 million followers on the platform that this isn't a partisan issue: 'No matter where you fall politically, it's clear that our communities thrive because of the contributions of immigrants. We can't turn a blind eye when fear and injustice keep people from living their lives freely and safely.' 'There HAS to be a BETTER way,' she wrote. Kardashian, 44, also shared a video of Doechii denouncing the raids during Monday's BET Awards. 'There are ruthless attacks that are creating fear and chaos in our communities in the name of law and order,' the rapper said. Kardashian's public condemnation of the administration may come as a surprise to some, considering her prior work with Donald Trump on criminal justice reform. During the president's first term, Kardashian lobbied him to commute the sentence of Alice Johnson, a grandmother who was serving life without the possibility of parole for a nonviolent drug offense. In 2018, Trump commuted Johnson's sentence and, in 2020, granted her a full pardon. Johnson currently serves as Trump's 'pardon czar.' After Johnson's release, Kardashian continued to work with the administration, lobbying for the First Step Act, a bipartisan criminal justice reform bill that Trump signed into law in 2018. In 2020, she attended a meeting at the White House with several women whose prison sentences Trump had commuted. At the time, Kardashian said she was there to 'discuss more change that our justice system desperately needs!' In 2019, Kardashian told Vogue magazine that her work on prison reform inspired her decision to pursue a legal education. She announced in May that she had completed her law degree after six years of study. This article was originally published on
Epoch Times
10-06-2025
- Politics
- Epoch Times
Supreme Court to Consider Sentence Reductions for Men Convicted of Armed Robbery
The Supreme Court will consider whether prisoners sentenced before the First Step Act was enacted are entitled to have their sentences reduced to match standards established by the seven-year-old law. The bipartisan legislation approved by Congress and signed by President Donald Trump in 2018 reformed aspects of the criminal justice system, making it easier for the courts to reduce penalties for certain offenders.
Yahoo
05-06-2025
- Politics
- Yahoo
Immigrant rights groups sue to invalidate Trump administration's El Salvador prison deal
A coalition of immigrant rights groups on Thursday sued to invalidate the Trump administration's deal to house detainees in a notorious prison in El Salvador, saying the arrangement to move migrant detainees outside the reach of U.S. courts violates the U.S. Constitution. The lawsuit in federal court in Washington, D.C., notes that the administration has argued that those sent to El Salvador are beyond the reach of U.S. courts and no longer have access to due process rights or other U.S. constitutional guarantees. The deal, the plaintiffs allege, 'is contrary to law. And it was entered into without any legal basis.' The administration has sent hundreds of migrants to El Salvador, including some it accuses of being members of the Venezuelan gang Tren de Aragua. The administration in March agreed to pay $6 million for El Salvador to house 300 migrants. President Donald Trump has said he'd like to eventually send U.S. citizen criminals to the Salvadoran prison, though that'd likely be unconstitutional. The lawsuit notes that the State Department has reported that inmates in El Salvador's prisons may be subject to 'harsh and life-threatening' conditions, torture and lack access to reliable food, water and medical care. The prisons are run by the government of El Salvador's president, Nayib Bukele, who once called himself 'the world's coolest dictator' and has posted images of detainees sent from the U.S. getting marched into his centerpiece prison, the Terrorism Confinement Center, known as CECOT. The State Department did not immediately respond to a request for comment. In one notorious case cited in the lawsuit, the Trump administration has not returned Kilmar Abrego Garcia, a Maryland man it deported to El Salvador in violation of a judge's order, saying the man is no longer in its custody. That was the administration's argument when another judge ordered it to halt deportations under an 18th century wartime act — that the deportees were on a plane to El Salvador and outside the legal reach of federal judges. The suit was filed by Robert F. Kennedy Human Rights, the National Association of Criminal Defense Lawyers, the Immigrant Defenders Law Center, Immigrant Equality, the California Collaborative for Immigrant Justice and Democracy Forward, which is co-counsel in a separate lawsuit over the initial flights to El Salvador. Thursday's lawsuit says the deal violates the Administrative Procedures Act, which prevents agencies like the State Department, which reached the deal with El Salvador, from undertaking unconstitutional or otherwise illegal acts. In addition to violating the constitution, the suit notes that housing prisoners in El Salvador violates the First Step Act, a law requiring federal prisons to try to house inmates close to home. That law was signed by Trump in 2018.
