U.S. Senators Dick Durbin (D-IL) and Chuck Grassley (R-IA) have introduced four criminal justice reform bills aimed at furthering the goals of the First Step Act (FSA), nearly seven years after its passage. Both senators played key roles in the original FSA, which was signed into law in December 2018 to reform sentencing laws and support incarcerated individuals preparing for reentry into society.
The new legislative package includes the First Step Implementation Act, Safer Detention Act, Prohibiting Punishment of Acquitted Conduct Act, and a bill to extend annual reporting requirements under the FSA by five years.
“Seven years ago, Congress came together to pass the most important criminal justice reform law in a generation. But as its name suggests, it was just the first step,” said Durbin. “In order to keep making our justice system fairer and our communities safer, we must continue reforming our antiquated and outdated sentencing laws and providing opportunities for those who are incarcerated to prepare to reenter society successfully. I appreciate Senator Grassley’s partnership in this important endeavor.”
Grassley stated: “Criminals must face just penalties, and our nation’s criminal justice system should seek to prevent recidivism. I’m committed to advancing efforts that will help reduce crime, improve our nation’s justice system and safeguard American communities.”
The First Step Implementation Act would allow courts to apply FSA sentencing reforms retroactively, broaden safety valve provisions for nonviolent drug offenses if a defendant's criminal history is considered overstated, permit sentence reductions for juvenile offenders who have served over 20 years, provide sealing or expungement options for nonviolent juvenile records, and require accurate sharing of criminal records for employment purposes.
The Safer Detention Act proposes changes such as reauthorizing an expired Elderly Home Detention Pilot Program with expanded eligibility criteria—including nonviolent offenders who have served at least half their sentences—and clarifying compassionate release rules. The act also seeks judicial review of home detention eligibility decisions based on existing compassionate release provisions.
Another bill—the Prohibiting Punishment of Acquitted Conduct Act—aims to stop judges from increasing sentences based on conduct for which defendants were acquitted by juries. It amends federal law so that acquitted conduct cannot be used against defendants during sentencing except when mitigating a sentence.
Finally, the FSA Reporting Extension Act would prolong by five years the requirement that the Attorney General submit annual reports on implementation and impact of the FSA—an obligation considered essential for Congressional oversight.
These bills have received endorsements from organizations including the American Civil Liberties Union, Brennan Center, CPAC, Dream.org, Drug Policy Alliance, Due Process Institute, FAMM (Families Against Mandatory Minimums), Human Rights for Kids, Law Enforcement Leaders, National Association of Criminal Defense Lawyers, Prison Fellowship Ministries among others.
