Understanding First Step Act Time Credits

What this guide covers

The First Step Act of 2018 created a new time-credit system that allows eligible individuals in BOP custody to earn additional credits toward prerelease custody or supervised release by participating in approved programs and productive activities. This guide explains who is eligible, how credits are earned, what programs qualify, how the credits are applied, and why the process can be confusing even for people actively earning credits.

Who this guide is for

• Individuals currently in BOP custody who want to understand how FSA credits affect their timeline
• Family members trying to track a loved one's projected release date and understand why it changes
• Attorneys reviewing post-sentencing timelines, particularly for clients whose cases may involve significant FSA credit impact

What the First Step Act changed

Before the First Step Act, the primary mechanisms for reducing time in BOP custody were Good Conduct Time (GCT) and, for eligible individuals, the RDAP sentence reduction. The Second Chance Act already provided authority for prerelease custody placement in RRCs and home confinement. The First Step Act added a third layer: time credits earned through participation in Evidence-Based Recidivism Reduction (EBRR) programs and Productive Activities (PAs).

The statute allows eligible individuals to earn up to 10 to 15 days of time credits for every 30 days of participation in approved EBRR programs or PAs. These credits do not reduce the judicially imposed sentence directly. Instead, they can accelerate the point at which an individual can be placed in prerelease custody (a Residential Reentry Center or home confinement) or, in some circumstances, advance the supervised release date. For longer sentences, additional FSA credits may be applied to more time in prerelease custody.

Eligibility: who can earn FSA credits

Not everyone in BOP custody is eligible. The BOP determines eligibility based on:

• Security classification: Generally, individuals classified as minimum or low security are eligible. Those in medium, high, or administrative security levels are typically excluded.
• Risk assessment (PATTERN): The BOP uses the Prisoner Assessment Tool Targeting Estimated Risk and Needs (PATTERN) to assess recidivism risk. Individuals scored as minimum or low risk are generally eligible. Risk scores are reassessed periodically.
• Offense exclusions: Certain offenses (including some violent offenses, sex offenses, and terrorism-related offenses) can render an individual ineligible regardless of risk score or conduct.
• Immigration status: Individuals with immigration detainers may face restrictions on how credits can be applied, even if they can earn them.

Eligibility is not static. A disciplinary incident, a change in security classification, or a recalculated PATTERN score can affect whether someone continues to earn credits or whether already-earned credits can be applied.

How credits are earned

Eligible individuals earn credits by participating in approved EBRR programs and Productive Activities. The BOP maintains a list of approved programs and activities at each facility, and not all facilities offer the same options.

Earning rate

The statute allows eligible individuals to earn up to 10 to 15 days of time credits for every 30 days of participation in approved EBRR programs or PAs. Additional days may be available for sustained participation and completion. The BOP tracks participation and credits in the individual's SENTRY record, which the individual can review through TRULINCS or by requesting a computation sheet from their case manager.

EBRR programs vs. Productive Activities

Evidence-Based Recidivism Reduction (EBRR) programs are structured interventions that have been evaluated and shown to reduce recidivism. Examples include cognitive behavioral interventions, substance abuse treatment, anger management, and certain reentry preparation programs. These typically generate credits at the full rate.

Productive Activities (PAs) include work assignments, educational programs, vocational training, and other institutional activities that contribute to rehabilitation and adjustment but may not meet the EBRR evidence standard. PAs can also generate credits, though the rate and eligibility may differ from EBRR programs.

How credits are applied

This is where much of the confusion arises. FSA credits are not simply subtracted from the imposed sentence. Their application depends on several conditions:

• Minimum time-served requirement: The individual must have served a sufficient portion of their sentence before credits can be applied toward prerelease custody. The exact threshold depends on the sentence length and other factors in the BOP computation.
• Prerelease custody availability: Credits can be used to accelerate transfer to an RRC or home confinement, but only if a placement is available. RRC bed shortages are a documented issue and can delay transfer even when credits have been earned.
• Supervised release transfer: FSA credits can reduce your overall sentence up to a maximum of 365 days. For longer sentences, additional FSA credits may be applied to more time in prerelease custody. In some cases, credits may also be applied toward transfer to supervised release, but this is more limited and depends on statutory authority and BOP policy.
• BOP determination: The BOP makes the final decision on when and how credits are applied. This is not a formula the individual can calculate independently with precision.

Common misconceptions

• Misconception: FSA credits generally apply to prerelease custody placement, not to the sentence itself. They change where you serve the final portion of your sentence, not the total length of the sentence ordered by the court.
  Reality: FSA credits can reduce your overall sentence up to a maximum of 365 days. For longer sentences, additional FSA credits may be applied to more time in prerelease custody.
• Misconception: If you are eligible, you automatically earn the maximum credits.
  Reality: Credits are earned through verified participation. Missing sessions, program discontinuation, or changes in eligibility status can reduce or stop credit accumulation.
• Misconception: Your projected release date is final once FSA credits are applied.
  Reality: Projected dates change constantly. Credits can be revoked, RRC beds may not be available, and policy updates can alter how existing credits are calculated.
• Misconception: Every facility offers the same EBRR programs.
  Reality: Program availability varies significantly by facility. Some institutions have robust programming; others have limited options. This affects not only credit-earning potential but also eligibility determinations that depend on program participation.

Documentation and self-advocacy

Individuals can take steps to monitor and protect their FSA credit status:

• Request a sentence computation sheet from the case manager to verify prior custody credit, GCT, and any applied FSA credits
• Review the PATTERN risk assessment and ask for a reassessment if circumstances have changed significantly
• Keep records of program enrollment, attendance, and completion certificates
• Use the BOP's administrative remedy procedure (BP-8 through BP-11) if credits appear missing or incorrectly applied
• Ask the case manager for a clear explanation of the current projected release date and what factors could change it

Why projected release dates still change

Even after FSA credits begin accumulating, projected release dates shift for many reasons: disciplinary incidents affecting GCT or FSA status, program reassignments, recalculated risk scores, RRC bed availability, policy updates from the BOP or DOJ, and data-entry corrections in the SENTRY system. Families should understand that the first projected date they see is almost never the final date.