One and Done? Studying the First Step Act’s Lone Anti-Gang Restriction

“Will the First Step Act protect against the release of gang members?”

The recently enacted First Step Act will speed up the release of federal prison inmates who were convicted of many felonies. Those concerned about public safety therefore want to know: “Will the First Step Act protect against the release of gang members?”

First Step Act supporters clearly believe that the use of 18 U.S.C. § 521 constitutes the “best practice” when it comes to federally combatting America’s Gang Crisis. For gang members who committed gang-motivated crimes, the First Step Act includes only one specifically identifiable protection. If a defendant was convicted under 18 U.S.C. § 521, which increases punishment for gang crimes, that prisoner is ineligible for First Step Act release.

First Step Act supporters therefore appear to conclude that prosecution under 18 U.S.C. § 521 is the top federal factor to:

1. Determine if a crime is gang-motivated;
2. Establish whether a defendant is a gang member; and
3. Protect against gangs and gang crime.

First Step Act advocates obviously see 18 U.S.C. § 521 as an effective insurance policy against gangs. This begs a specific question: “How often is 18 U.S.C. § 521 utilized?”