Reflections on Prison Reform

We both have firsthand experience with life behind bars.

One of us served for 16 years at the Federal Bureau of Prisons, even stepping in as acting director during the early Trump years. The other spent 14 years in federal facilities and has since dedicated efforts to assist countless incarcerated individuals in gaining their freedom and successfully reintegrating into society.

Despite our different experiences—maybe even because of them—we share a common view. Our criminal justice system has the potential to better ensure the safety and justice of everyone in America.

This is why, last month, the Prison Bureau issued a new directive aimed at facilitating quicker reintegration of incarcerated individuals back into their families and communities.

We’re hopeful, but there’s a catch. For this policy to truly succeed, it must be executed fairly and consistently for everyone eligible.

The United States has made notable strides in criminal justice reform over recent decades. We’ve seen a significant drop in crime rates, around 61% since their peak in 1991. The prison population has decreased by about 25% since 2009, with a 40% reduction in racial disparities.

These advancements stem from well-planned, bipartisan reforms. From 2007 to 2018, a considerable number of states enacted various measures aimed at reforming the system. Two landmark federal initiatives—the Second Chance Act and the First Step Act—have stood out in this journey.

The Second Chance Act, signed into law by President George W. Bush in 2008, allocated funds to local programs designed to assist incarcerated individuals in their transition back to the community.

Then, in 2018, Trump signed the First Step Act, which revised mandatory minimum sentences, gave individuals a chance to earn time credits for early releases, and improved access to rehabilitation and job-related programs.

It was a bit surprising, honestly, to see Trump support the First Step Act, especially given his tough-on-crime campaign promises. Yet, he collaborated with Republicans in Congress and even applied pressure to help get it passed. He referred to the law as evidence that the U.S. is a nation that believes in second chances.

However, in his second term, Trump has sent mixed signals. His administration cut over $500 million from state and local criminal justice grants, while also expanding strict crime policies. Yet, he also created a new “pardon czar” role and appointed Alice Marie Johnson—who spent over 20 years in federal prison— to guide him in granting clemency.

In June, a new directive from William K. Marshall III, the director of the Bureau of Prisons, aimed to ensure that both the Second Chance Act and the First Step Act are fully implemented.

Marshall described the changes as “the dawn of a new era,” promising that they would save money, ease tensions within correctional facilities, and support many incarcerated people in reintegrating into society.

Central to the First Step Act is the idea that low-risk individuals can earn “time credits” towards early release by completing rehabilitation programs.

Since the Act’s implementation, it has shown positive results. According to a study by the Criminal Justice Analysis Council, individuals released under the First Step Act were 55% less likely to return to prison compared to similar individuals released before the law was enacted. These low recidivism rates persist among those deemed higher risk by the Bureau.

Yet, challenges remain. Despite receiving over $400 million annually under the First Step Act, the Bureau has struggled with the capacity to manage residential confinement and re-entry programs.

There’s also been uncertainty about whether the First Step Act and the Second Chance Act could be applied together—something both the Biden and Trump administrations initially indicated wasn’t possible.

The new leadership at the Bureau promises to address these concerns, but effective implementation is key. The message must resonate throughout every part of the system.

So far, we have seen some encouraging signs. Recently, the Bureau launched a task force aimed at ensuring effective policy implementation to tackle logistical issues faced by staff.

Looking ahead, we see three major priorities.

First, communication is crucial. With over 155,000 staff members, it’s vital that everyone in the Bureau understands the significance of this policy.

Second, training is necessary. Many individuals remain incarcerated simply because staff may not fully understand how to apply the law correctly.

And third, accountability is essential. Bureau leaders must take swift action against staff who resist these changes, whether through retraining or removal.

At this point in Trump’s second term, we’ve witnessed political divisions on several fronts. However, criminal justice reform could be a rare area of consensus—an opportunity to implement solutions that promote safety and fairness in our communities.