State of the Union
In President Donald Trump’s record-breaking State of the Union address, he did not mention the Federal Bureau of Prisons (BOP). He did not mention his hallmark legislation, the First Step Act, that allows inmates to earn credits for returning home sooner through successful programming. He did not mention the staffing shortages within the BOP and the call for infrastructure improvements on crumbling prisons. Trump did not mention that he believes in second chances and has given senior positions in the government for pardoned inmates Alice Johnson (Pardon Czar) and Deputy Director Josh Smith who now holds the second highest position at BOP. However, the issues in the BOP are once again being brushed over as a crisis within the agency continues to brew.
Prison Leadership Touted Big Changes
BOP went outside of the agency to hire William Marshall III as director and Josh Smith as Deputy Director. Marshall came from running a much smaller corrections organization in West Virginia while Smith, who received a pardon from Trump in 2021, took on a leadership role which was a long way from his being an inmate in federal prison.
Smith made an announcement last July about Trump’s Big Beautiful Bill which provided funding for operations and more money to retain people. However, since then the funding he requested did not quite match his proposed budget and according to an opinion piece by Trump advisor Peter Navarro, funding will be less than anticipated because of cuts by Congress. Last year, Congress passed the Prison Oversight Act, which gives the Department of Justice’s inspector general office new authority to regularly inspect all the federal prisons and publish its findings. The law also establishes an independent ombudsman office to investigate complaints from incarcerated people, their families, and prison staff. It is easier to create reports than it is to implement change when there is no money to make the changes.
BOP Must Do More With Less
The BOP’s inmate population has decreased by nearly 70,000 inmates since it peaked in 2013. While the population has decreased significantly, the BOP’s budget has continued to increase, leading Trump to ask for $8.9 billion budget. According to Navarro, that has been decreased to $8.3 billion, still higher than the 2013 budget.
While Congress wants more oversight, the funding is just not there for the BOP to comply with the recommendations that will likely result. In fact, Congress has yet to have BOP senior management testify on Capitol Hill with the exception of a February 2025 hearing that featured Associate Deputy Director Kathleen Toomey, who has since left BOP. Neither Director Marshall or Deputy Director Smith have testified before Congress since being in their respective roles despite the BOP making the High Risk List of Government Agencies listed by the Government Accountability Office.
How We Got Here
The BOP population reached a modern peak in fiscal year 2013 at roughly 219,000 people in custody. That growth was the result of decades of policy decisions that increased both the number of people entering federal prison and the length of time they served. Mandatory minimum sentencing laws, particularly for drug offenses, expanded sharply beginning in the 1980s and 1990s under the 1994 Crime Bill signed by President Bill Clinton. At the same time, parole had been eliminated in the federal system, meaning most people served the vast majority of their sentences. The combination of high volume drug prosecutions and longer average sentences steadily pushed the population upward until it crested in 2013.
After 2013, the population began to decline for several reasons. Sentencing guideline reductions, including retroactive drug guideline changes, shortened time served for many people already incarcerated. Federal prosecutions declined in several categories, reducing new inmates going into prison. Later, the First Step Act expanded good time credits and created earned time credits tied to programming, allowing additional earlier releases. The most dramatic drop occurred in 2020 during the COVID 19 pandemic, when court operations slowed, admissions fell sharply, and expanded home confinement authority reduced in custody numbers. Together, these factors produced a sustained reduction from the 2013 peak, even though the federal prison population remains substantial.
Even with the reduced number of inmates, problems have only grown.
More Than Money
There is never going to be enough money to “fix” the problems within the BOP. Change is going to have to come from management and having the message from management resonate through the agency. Over the past two Directors, both from outside the BOP, bringing about change has been difficult but current Director Marshall has set a new tone within the BOP where he is emphasizing staff accountability and a desire to return a better person to society after a prison term.
The BOP received billions in additional funding to upgrade facilities, many have broken equipment, mold and shattered infrastructure. This has created an unsafe environment for both inmates and BOP staff members. While the money was welcome, it will take years for the BOP to catch up on projects, many of which are just basic upgrades like fixing kitchen equipment, repairing sewers and pipes at institutions and replacing HVAC equipment to keep the temperature of facilities at a safe level.
New Management / No Union
Under Marshall, the BOP has moved to eliminate its union organized under American Federation of Government Employees (AFGE). Since cancelling its collective bargaining agreement, something the union is currently challenging, the BOP has touted that this move allows it to move on implementing changes faster. However, those changes have been few since new leadership came on board.
Under former Director Colette Peters, the BOP announced closures of 7 prisons in December 2025 but held back on closing two of those (FPC Duluth and FPC Morgantown). However, FPC Pensacola, one of the oldest prisons and FCI Terminal Island have recently been slated for closure. It is anticipated that other prison closings are being contemplated to adjust for the reduced inmate population and to close aging facilities that are too old to repair. Beyond these closures, little has changed in the BOP to address its many problems.
Trump / Bondi Promised Support
In her confirmation hearing, Attorney General Pam Bondi said that fixing the BOP and addressing the shortcomings of the First Step Act would be priorities. The BOP has done a good job of fixing its calculator to properly give credits to inmates under the First Step Act but a shortage of halfway house space has led to many minimum security inmates staying in prison institutions longer than necessary.
There is sure to be fireworks when BOP leadership is on the Hill for testimony. The controversial rebuild of Alcatraz is still on the table and the transfer of Ghislaine Maxwell to a minimum security camp has caused uproar among Democrats who want answers. One could hope that a Congressional hearing would be able to address more urgent issues for the BOP but in today’s politics that may not happen.
Fixing the problems at the BOP will only come through straight talk and addressing problems at all BOP institutions. Many are calling for hearings but none are scheduled. Once those on are on the calendar, look for meaningful changes. Until then, the BOP will limp along.
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