The law gave the Justice Department and the Bureau of Prisons leeway in interpreting some aspects of its implementation, including whether credits for good behavior and job training accrued before the law was passed could be used to apply for early release. Under former Attorney General William P. Barr, the department had proposed a rule that would count only credits assigned and completed after Jan. 15, 2020.
Critics argued that the proposed rule did not accurately reflect the intent of the lawmakers who had drafted the bill, and that it kept thousands of people behind bars who should be immediately released.
Last May, Senators Richard J. Durbin, Democrat of Illinois and the chairman of the Senate Judiciary Committee, and Charles E. Grassley of Iowa, the panel’s top Republican, pressed the Justice Department and the Bureau of Prisons to revise the proposed rule.
The senators said the proposed rule deterred prisoners from participating in First Step Act programs and undercut the effectiveness of the law. They said that it included limitations that were not part of the act, and penalties that were unduly harsh.
“While losing hard-earned credits would be easy, the rule makes restoring credits too difficult,” they wrote.