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Earned Time Credits Under the First Step Act

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First Step Act earned time credits are a form of sentence reduction available to eligible federal inmates who participate in recidivism reduction programming under the First Step Act of 2018. Codified at 18 U.S.C. § 3632(d)(4), the program allows qualifying inmates to earn 10 to 15 days of credit for every 30 days of successful participation in approved evidence-based programs or productive activities.[1] |title_mode=replace

These credits may be applied toward early transfer to prerelease custody, such as a halfway house or home confinement, or toward early placement onto supervised release.[2] |title_mode=replace

Unlike good conduct time, which is credited automatically based on compliance with institutional rules, earned time credits require active participation in programming recommended by the Federal Bureau of Prisons (BOP) based on individualized risk and needs assessments.[3] The two credit systems operate independently and may be combined, allowing eligible inmates to potentially reduce both their time in secure custody and their period before transfer to community supervision. |title_mode=replace

Risk and needs assessment system

PATTERN

The Prisoner Assessment Tool Targeting Estimated Risk and Needs (PATTERN) is the Department of Justice's official risk assessment instrument used to measure an incarcerated individual's likelihood of recidivism.[4] Initially released in July 2019, PATTERN calculates two separate scores for each inmate: a general recidivism risk score and a violent recidivism risk score. These scores place inmates into one of four risk level categories: minimum, low, medium, or high.[5] |title_mode=replace

PATTERN incorporates both static factors, such as criminal history, age at first arrest, and offense type, and dynamic factors that can change during incarceration, including program completion, disciplinary infractions, and educational achievement.[6] The inclusion of dynamic factors allows inmates to potentially lower their risk classification through positive institutional conduct and program participation. |title_mode=replace

For an inmate to be eligible to apply earned time credits toward early release, both their general and violent risk classifications must be minimum or low.[5] The current version, PATTERN 1.3, was implemented in May 2022 following multiple revisions based on validation studies and public comment.[7]

SPARC-13

The Standardized Prisoner Assessment for Reduction in Criminality (SPARC-13) is a 13-area needs assessment system that identifies factors which, if addressed, may reduce an individual's recidivism risk.[2] The thirteen assessed need areas are: anger/hostility, antisocial peers, cognitions, dyslexia, education, family/parenting, finance/poverty, medical needs, mental health, recreation/leisure/fitness, substance use, trauma, and work.[2]

Based on SPARC-13 results, BOP staff recommend specific evidence-based recidivism reduction programs and productive activities tailored to each inmate's identified needs.[8] To earn time credits, inmates must participate in the programming recommended to address their assessed needs; simply completing unrelated programs does not qualify for credits.[8] |title_mode=replace

Earning credits

Credit rates

Under 18 U.S.C. § 3632(d)(4)(A), eligible inmates earn time credits at the following rates:

  • Standard rate: 10 days of credit for every 30 days of successful participation in evidence-based recidivism reduction programming or productive activities[9]

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  • Enhanced rate: An additional 5 days of credit (15 days total per 30-day period) for inmates classified as minimum or low risk who have not increased their risk of recidivism over two consecutive assessments[9]

Credits are awarded based on successful participation, defined as attending all sessions with only excused absences, completing all assigned activities, and complying with program rules and instructions.[8] Inmates need not complete an entire program to earn credits; rather, credits accrue based on the duration of participation.[10] |title_mode=replace

Approved programming

The BOP categorizes qualifying activities into two types:

  • Evidence-Based Recidivism Reduction Programs (EBRRs) are structured group or individual activities that have been shown by empirical evidence to reduce recidivism, or are based on research indicating they are likely to be effective. These include cognitive behavioral therapy programs, substance abuse treatment, vocational training, educational courses, and faith-based services.[11]

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  • Productive Activities (PAs) are group or individual activities that allow inmates determined to be at minimum or low risk to remain productive and maintain their low-risk status. These include structured programs, work assignments through Federal Prison Industries (UNICOR), recreational activities, religious services, and family interaction activities.[11]

Notable programs include the Residential Drug Abuse Program (RDAP), a nine-month intensive treatment program using cognitive-behavioral therapy; the Bureau Rehabilitation and Values Enhancement Program (BRAVE) for young male first offenders; and various vocational training and certification programs.[12] |title_mode=replace

Opt-in requirements

To earn credits, inmates must be in "opt-in status," which requires completing the SPARC-13 needs assessment surveys and agreeing to participate in recommended programming.[11] Inmates who decline to complete assessments or refuse recommended programs are placed in "opt-out status" and cannot earn time credits, though this decision alone is not treated as a disciplinary violation.[13] |title_mode=replace

Eligibility and disqualifications

Eligible inmates

To earn and apply First Step Act time credits, an inmate must:

  • Be serving a sentence for a federal offense (D.C. Code offenders are generally ineligible to apply credits)[8]
  • Not be convicted of any disqualifying offense listed in 18 U.S.C. § 3632(d)(4)(D)[14]

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  • Not be subject to a final order of removal under immigration law (such inmates may earn credits but cannot apply them toward early release)[9]
  • Be classified as minimum or low risk under PATTERN to apply credits (or receive warden approval if medium or high risk)[8]

Disqualifying offenses

Section 3632(d)(4)(D) specifies approximately 68 offense categories that render an inmate ineligible to earn time credits. These offenses generally fall into the following categories:[14][15] |title_mode=replace

  • Violent crimes including murder, manslaughter (except involuntary), kidnapping, and assault with intent to kill
  • Terrorism-related offenses
  • Espionage and related national security crimes
  • Sexual offenses and human trafficking crimes
  • Child exploitation offenses
  • Certain firearms offenses, including use of a firearm during a crime of violence or drug trafficking offense
  • High-level drug trafficking offenses where the offender served as an organizer, leader, manager, or supervisor
  • Repeat felon in possession of a firearm

For inmates serving sentences on multiple counts, if any count involves a disqualifying offense, the inmate is ineligible for credits on the entire aggregated sentence.[16] Inmates with disqualifying offenses may still participate in programming and earn other incentives, but cannot apply time credits toward earlier release.[3] |title_mode=replace

Application of credits

Prerelease custody

Earned time credits may be applied to transfer an eligible inmate to prerelease custody, which includes placement in a Residential Reentry Center (halfway house) or home confinement.[2] To be transferred to prerelease custody, an inmate must have earned credits equal to the time remaining on their sentence and must be classified as minimum or low risk for their final two risk assessments, or receive approval from the facility warden.[8]

Early supervised release

Under 18 U.S.C. § 3624(g), credits may also be applied to begin a term of supervised release up to 12 months earlier than the otherwise-scheduled release date.[17] The maximum sentence reduction through earned time credits is capped at 365 days (one year), with additional credits potentially applied toward prerelease custody placement.[18] |title_mode=replace

Relationship to good conduct time

Earned time credits are calculated and applied after good conduct time credits. The BOP first adjusts an inmate's release date based on good conduct time, then determines how earned time credits affect eligibility for prerelease custody or early supervised release.[2] The two systems are cumulative, meaning an inmate may benefit from both simultaneously.

Loss and restoration of credits

Inmates may lose earned time credits for engaging in misconduct or violating the requirements of a program or productive activity.[8] The procedures for credit loss are governed by the BOP's disciplinary process under 28 CFR Part 541. The BOP will only reduce credits earned as of the date of the violation; future earning potential is affected by the inmate's subsequent conduct and participation status.[8]

Lost credits may be restored on a case-by-case basis after the inmate maintains clear conduct (no disciplinary infractions) for two consecutive risk and needs assessment periods.[8] The authority to restore credits is delegated to the facility warden and may not be delegated below the Associate Warden level. Inmates may request restoration during regularly scheduled program reviews.[8]

Implementation history

Development period (2018–2022)

Although the First Step Act was enacted in December 2018, implementation of the earned time credits program proceeded gradually. The Department of Justice released the initial PATTERN risk assessment tool in July 2019, and the BOP completed initial risk and needs assessments for all inmates by January 15, 2020, as required by statute.[19] |title_mode=replace

The final rule governing time credits was published in the Federal Register on January 19, 2022, more than three years after the Act's passage.[20] Implementation challenges, including the COVID-19 pandemic's disruption of programming, delayed meaningful release of inmates under the time credits provisions. |title_mode=replace

Rollout and corrections (2022–2023)

Beginning in January 2022, the BOP began manually calculating time credits for inmates approaching release. Thousands of inmates were released or transferred to community custody as credits were applied.[21] |title_mode=replace

The BOP subsequently implemented automated calculation software, which resulted in some inmates seeing their credit balances decrease due to incomplete needs assessments or declined programs. In November 2022, the BOP issued a program statement establishing a grace period through December 31, 2022, allowing inmates to resolve issues affecting their earning status.[22] |title_mode=replace

Beginning January 1, 2023, the BOP enforced stricter requirements, with incomplete needs assessments or declined programs precluding credit earning until resolved.[23] |title_mode=replace

Impact

According to U.S. Sentencing Commission data from calendar year 2023, 17,465 individuals were released from BOP custody after earning and applying First Step Act time credits. On average, these individuals earned 10.3 months of credits, accounting for approximately 17 percent of their imposed sentences.[18] Between 2019 and early 2023, approximately 30,000 people were released from federal prison before their original release date as a result of various First Step Act provisions.[24]

Criticisms and challenges

Implementation of the earned time credits program has faced criticism from advocacy groups and oversight bodies. The Government Accountability Office found that the BOP lacked readily available, complete, and accurate data to determine whether assessments were conducted within required timeframes, and that programming availability remained inadequate to meet inmate needs.[7]

Critics have noted that waitlists for programs prevent individuals from earning maximum potential credits, and that delays in developing automated calculation tools resulted in some inmates remaining incarcerated past their earned release dates.[24] The Urban Institute observed that the conversion rate of program hours to credit days yields relatively modest benefits, with even intensive programs like RDAP producing only about one month of earned credits.[25] |title_mode=replace

The PATTERN risk assessment tool has also faced scrutiny regarding potential racial bias, though the Department of Justice has conducted validation studies and made modifications in response to public comment.[6]

Legislative background

The First Step Act was signed into law by President Donald Trump on December 21, 2018, representing the most significant federal criminal justice reform legislation in decades.[24] Among its provisions, the Act directed the Department of Justice to develop a risk and needs assessment system and required the BOP to provide evidence-based recidivism reduction programming to federal inmates.[26] |title_mode=replace

The earned time credits provision was designed to create incentives for inmates to invest in their rehabilitation by rewarding successful participation in programming with earlier release opportunities. Congress specified that eligible inmates could earn credits that would allow transfer to less restrictive settings or early commencement of supervised release, with the goal of reducing recidivism while facilitating reintegration into communities.[7] |title_mode=replace

See also

References

  1. ↑ "Justice Department Announces New Rule Implementing Federal Time Credits Program Established by the First Step Act". United States Department of Justice, Office of Public Affairs. Retrieved November 24, 2024.
  2. ↑ 2.0 2.1 2.2 2.3 2.4 "First Step Act Earned Time Credits". United States Sentencing Commission. Retrieved November 24, 2024.
  3. ↑ 3.0 3.1 "First Step Act Overview". Federal Bureau of Prisons. Retrieved November 24, 2024.
  4. ↑ "PATTERN". Federal Bureau of Prisons. Retrieved November 24, 2024.
  5. ↑ 5.0 5.1 "The First Step Act's Risk Assessment Tool". Urban Institute. Retrieved November 24, 2024.
  6. ↑ 6.0 6.1 "Department of Justice Announces Enhancements to the Risk Assessment System and Updates on First Step Act Implementation". United States Department of Justice. Retrieved November 24, 2024.
  7. ↑ 7.0 7.1 7.2 "Federal Prisons: Bureau of Prisons Should Improve Efforts to Implement its Risk and Needs Assessment System". U.S. Government Accountability Office. Retrieved November 24, 2024.
  8. ↑ 8.00 8.01 8.02 8.03 8.04 8.05 8.06 8.07 8.08 8.09 "First Step Act, Frequently Asked Questions". Federal Bureau of Prisons. Retrieved November 24, 2024.
  9. ↑ 9.0 9.1 9.2 "18 U.S.C. § 3632 - Development of risk and needs assessment system". Legal Information Institute, Cornell Law School. Retrieved November 24, 2024.
  10. ↑ "First Step Act Earned Time Credits Rule Explainer". Families Against Mandatory Minimums. Retrieved November 24, 2024.
  11. ↑ 11.0 11.1 11.2 "First Step Act Approved Programs Guide". Federal Bureau of Prisons. Retrieved November 24, 2024.
  12. ↑ "RDAP Deemed 'Life-changing' by Women in Federal Prison". Federal Bureau of Prisons. Retrieved November 24, 2024.
  13. ↑ "First Step Act Of 2018 – Time Credits - Procedures For Implementation Of 18 U.S.C. § 3632(d)(4) – BOP Program Statement 5410.01". Elizabeth Franklin-Best P.C.. Retrieved November 24, 2024.
  14. ↑ 14.0 14.1 "Good Time Disqualifying Offenses". Federal Bureau of Prisons. Retrieved November 24, 2024.
  15. ↑ "Disqualifying Offenses For First Step Act Credit". Federal Prison Tips. Retrieved November 24, 2024.
  16. ↑ "Charles Giovinco v. Timethea Pullen, Warden". Federal Defenders of New York. Retrieved November 24, 2024.
  17. ↑ "First Step Act Time Credits Applied to Supervised Release". Evergreen Attorneys. Retrieved November 24, 2024.
  18. ↑ 18.0 18.1 "First Step Act Earned Time Credits Data Snapshot". United States Sentencing Commission. Retrieved November 24, 2024.
  19. ↑ "FSA Update". Federal Bureau of Prisons. Retrieved November 24, 2024.
  20. ↑ "Working Out The Bugs On The Bureau Of Prisons' First Step Act Calculator". Prisonology. Retrieved November 24, 2024.
  21. ↑ "Early Release & Earned Time Credits: FAQs". Prison Professors. Retrieved November 24, 2024.
  22. ↑ "First Step Act Time Credits Policy Released". Federal Bureau of Prisons. Retrieved November 24, 2024.
  23. ↑ "Update on Calculation of First Step Act Time Credits". Federal Bureau of Prisons. Retrieved November 24, 2024.
  24. ↑ 24.0 24.1 24.2 "The First Step Act: Ending Mass Incarceration in Federal Prisons". The Sentencing Project. Retrieved November 24, 2024.
  25. ↑ "Three Ways to Increase the Impact of the First Step Act's Earned Time Credits". Urban Institute. Retrieved November 24, 2024.
  26. ↑ "First Step Act". Federal Bureau of Prisons. Retrieved November 24, 2024.


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