EDITORIAL: The First Step Act is a needed step toward the end of mass incarceration

Aug. 31--The most promising criminal justice reform effort at the federal level in some time is on hold after President Trump decided the matter was too contentious to take up before the midterm elections.

The First Step Act, which has drawn bipartisan support, seeks to expand federal prison rehabilitation programs, increase opportunities for inmates to earn good-time credits for release and would include modest but important sentencing reforms.

Such reforms are necessary given the high rate of recidivism among federal prisoners -- about half of those released in 2005 were rearrested within eight years -- and the reality that simply imprisoning people doesn't translate to improved outcomes.

"Prisons may exacerbate recidivism," notes the National Institute of Justice, the research arm of the U.S. Department of Justice. "Research has found evidence that prison can exacerbate, not reduce, recidivism. Prisons themselves may be schools for learning to commit crimes."

The First Step Act is just what its name suggests, a first step toward rebalancing the criminal justice system with evidence-based approaches.

While the Aug. 3 decision, as reported by Axios, to postpone consideration of the act until after the midterms is a setback, there are many causes for optimism.

One is the president's consistent recognition of the importance of criminal justice reform.

For all of his tough-on-crime rhetoric, President Trump has actually been quite vocal in his support for prison reform and giving formerly incarcerated people a second chance.

"As America regains its strength, this opportunity must be extended to all citizens," Trump said in his State of the Union Address. "That is why this year we will embark on reforming our prisons to help former inmates who have served their time get a second chance."

Second, Senate Majority Leader Mitch McConnell has indicated his willingness to bring the bill for a vote in the Senate.

Third, the bill continues to have widespread support. While some tough-on-crime Republicans like Sen. Tom Cotton, R-Arkansas, have chosen to rely on scare tactics such as invoking Willie Horton, support for criminal justice reform among those on the right has grown significantly in recent years.

On Aug. 22, Right on Crime, a pro-reform conservative organization, sent a letter to Trump backing the bill.

"Mr. President, the time for fixing our broken system is now, and conservatives are fully behind you," the letter, signed by conservative figures ranging from former Sen. Jim DeMint to former Gov. Mike Huckabee and taxpayer advocate Grover Norquist.

Meanwhile, Sens. Mike Lee, R-Utah, and Rand Paul, R-Kentucky, have also reiterated their support for the bill and holding a vote this year.

Will this be enough to make a vote on the First Step Act happen? Time will tell.

We urge the White House and members of Congress from across the political spectrum to set aside partisan considerations and push for a vote on the First Step Act this year.

For a nation predicated on individual liberty and limited government to sustain a system of mass incarceration is untenable. America can and should do better.

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