Ron DeSantis and Mike Pence are Dead Wrong About the First Step Act

Why are some Republicans trying to reverse actual criminal justice reform?

Photo by Tingey Injury Law Firm on Unsplash

Remember when a bipartisan Congress, with the support of former President Donald Trump, passed the First Step Act? At the time, it was lauded as a major milestone in reforming America’s criminal justice system by both conservatives and progressives. But now, some on the right have soured on the legislation even though the data shows it was largely successful.

The First Step Act is a criminal justice reform bill that was signed into law by Trump in December 2018. The primary objective of this legislation is to address issues within the federal prison system and promote successful reentry into society for individuals who have been incarcerated. The First Step Act includes a range of provisions aimed at reducing recidivism rates and improving the overall fairness of the criminal justice system.

One of the key components of the First Step Act is the expansion of rehabilitative programs and opportunities for prisoners. The legislation provides funding for educational and vocational training, substance abuse treatment, and mental health support, recognizing that addressing these underlying issues can help individuals reintegrate into society more effectively.

The Act also aims to reform sentencing laws by reducing mandatory minimum sentences for certain nonviolent offenses and allowing judges more discretion in sentencing. It also addressed sentencing disparities between those convicted of possessing powder cocaine and crack cocaine, a factor that resulted in black Americans serving more time in prison than whites for essentially consuming the same substance.

Additionally, the Act includes provisions to improve the conditions of confinement, such as banning the use of restraints on pregnant prisoners and placing restrictions on the use of solitary confinement. Overall, the First Step Act represents a bipartisan effort to address the flaws in the federal criminal justice system and prioritize rehabilitation and successful reentry.

Now, four and a half years later, high-profile Republicans on the campaign trail have publicly criticized the law, claiming that it would place Americans in danger by releasing criminals before their sentences are served.

Last month, Florida Gov. Ron DeSantis, who is seen as the main threat to defeating Trump in the primaries despite trailing him in the polls, slammed the First Step Act, referring to it as a “jailbreak bill.”

“Under the Trump administration — he enacted a bill, basically a jailbreak bill, it’s called the First Step Act. It has allowed dangerous people out of prison who have now re-offended, and really, really hurt a number of people,” DeSantis said during an interview with The Daily Wire’s Ben Shapiro.

“So one of the things I would want to do as president is go to Congress and seek the repeal of the First Step Act. If you are in jail, you should serve your time,” he continued. “And the idea that they’re releasing people who have not been rehabilitated early, so that they can prey on people in our society is a huge, huge mistake.”

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Former Vice President Mike Pence echoed DeSantis’ comments while speaking at a CNN Townhall:

“But in the legislation that we passed, we not only created an opportunity to try and reduce recidivism, people going back to prison over and over again, to give them a new start in life, to make an honest living, but we also raised the penalties. We raised the penalties on serious offenders. And I must tell you, with this crime wave in our cities that is claiming incomprehensible numbers of lives…I frankly think we need to take a step back from the approach of the First Step Act. We need to get serious and tough on violent crime, and we need to give our cities and our states the resources to restore law and order to our streets. And I promise you, we’ll do that, if I’m your president.”

When answering a follow-up question on th eissue, Pence said: “I just said, I think we need to take a step back and rethink the First Step Act. We’ve got a crime wave in our major cities. And I think now, more than ever, we ought to be thinking about how we make penalties tougher on people that are victimizing families in this country. So, on that point, I would agree with others.”

So, both Pence and DeSantis have claimed the First Step Act would endanger Americans by allowing violent criminals to escape prison and wreak havok on our communities. There was something suspicious missing from their arguments: Evidence.

Neither of these individuals explained how the First Step Act would lead to higher crime rates. None of them brought up data pertaining to those released so far under the legislation.

There is a reason for that.

To be blunt: The data reveals that both DeSantis and Pence are either ignorant or dishonest.

The reality is that even in the short time that it is been in effect, the First Step Act has shown some incredibly promising results. It has done wonders to significantly reduce recidivism among those released early. I pointed this out in my article on RedState:

The First Step Act has shown that it can significantly reduce recidivism. The Justice Department’s 2022 report on the legislation revealed that only 16 percent of folks released under the law were rearrested. In 2023, this percentage dropped to 12.4 percent.

To give you a sense of why this is significant, the overall recidivism rate, according to the Bureau of Prisons, is around 43 percent. This means those released under the First Step Act re-offend at a drastically lower rate than those who weren’t. The proof, as they say, is in the pudding. The data shows that those claiming the First Step Act is a “jailbreak” law that leads to more are either lying, or ignorant of the facts.

The proof, as they say, is in the pudding. The recidivism rate among those released under the First Step Act is significantly lower than the rest of the prison population. Those criticizing the law are leaving out the fact that allowing our criminal justice system to remain way it was prior to the legislation would actually place more Americans in danger due to the fact that these folks are clearly more likely to reoffend.

There might be ways to improve the First Step Act. Indeed, there should be even more legislation designed to make our criminal justice more just and less tyrannical. But the notion that the legislation is dangerous has been shown to be false so far. The question is: Why did they choose this particular law to attack when there are plenty of legislation that is already horrible? Perhaps they care more about demagogueing than on stopping the government from continuing to infringe on our liberties.