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Recalculation of Earned and Good Time Credits

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Recalculation of Earned and Good Time Credits refers to the administrative process conducted by the Federal Bureau of Prisons (BOP) to revise an incarcerated individual's projected release date following changes to their sentence, such as court-ordered reductions, vacaturs of convictions, or corrections to prior computations. This recalculation reapplies statutory good conduct time (GCT) credits under 18 U.S.C. § 3624(b) and First Step Act (FSA) earned time credits under 18 U.S.C. § 3632, potentially accelerating transfer to prerelease custody or supervised release.[1] GCT allows up to 54 days credit per year of the imposed sentence for exemplary compliance with institutional regulations, while FSA credits—earned at 10-15 days per 30 days of eligible programming—support up to 12 months of early prerelease or supervised release. |title_mode=replace

Recalculation ensures credits align with the modified sentence, often removing prior caps (e.g., the 365-day FSA limit on prerelease application) and can lead to immediate release if credits exceed remaining time. As of October 2025, the BOP has recalculated credits for over 120,000 eligible individuals, facilitating more than 29,000 early releases through FSA provisions alone.[2] The process, managed by the Designation and Sentence Computation Center (DSCC), promotes rehabilitation incentives but has faced delays due to implementation challenges. |title_mode=replace

These recalculations advance the FSA's goals of reducing recidivism—estimated at 9.7% for FSA releases versus 46.2% for pre-FSA cohorts—by rewarding program participation and correcting computational errors.[3] |title_mode=replace

Key Processes and Procedures

Recalculation follows a standardized sequence outlined in BOP Program Statement 5410.01 and federal regulations, triggered by receipt of an amended judgment or error identification.[4] The DSCC in Grand Prairie, Texas, handles computations, prioritizing cases near release. |title_mode=replace

1. Triggering Event: Court issues amended judgment (e.g., under § 3582(c)(2) or FSA § 404) or BOP identifies error (e.g., prior custody miscalculation).

2. Sentence Computation Update: DSCC recalculates the full term of imprisonment and reapplies GCT at 54 days per year of the imposed sentence, prorated for partial years.

3. FSA Credit Reassessment: Unit Team reviews and reapplies all previously earned FSA credits against the new term, adjusting for risk level changes via PATTERN assessments. Credits earned at 10 days per 30 days (medium/high risk) or 15 days (minimum/low risk after two assessments) are uncapped for application.

4. Release Date Adjustment: Updated dates are entered into the SENTRY system; if credits exceed remaining time, immediate action for prerelease transfer or release occurs.

5. Notification: Individual receives Form BP-A408 (sentence computation) and FSA Time Credit Assessment, with rationale for any adjustments.

Processing typically completes within 30-60 days, though automated tools enable same-day emergency releases for over-credits.[5] Annual GCT projections update on imprisonment anniversaries, with continuous FSA tracking. |title_mode=replace

Eligibility for Recalculation Benefits

All federal prisoners serving sentences over one year qualify for GCT recalculation upon sentence modification, excluding life sentences.[6] For FSA credits: |title_mode=replace

  • Eligible if not convicted of disqualifying offenses under 18 U.S.C. § 3632(d)(4)(D) (e.g., violent felonies, sex offenses, or certain terrorism acts).
  • Minimum/low PATTERN risk in the last two assessments to apply credits toward prerelease custody; medium/high risk limited to supervised release (up to 12 months).
  • Retroactive eligibility if a disqualifying count is vacated, allowing credits for all prior programming.

Individuals must maintain "earning status" by participating in assigned Evidence-Based Recidivism Reduction (EBRR) programs or Productive Activities (PAs), with forfeitures possible for serious infractions but restorable via compliance.[7] |title_mode=replace

Accessing Recalculation

No formal application is needed for automatic recalculation post-court order; the U.S. Marshals Service forwards amended judgments to DSCC. For errors, submit BP-8/BP-9 administrative remedies requesting "Sentence Computation Review/FSA Credit Recalculation," escalating to BP-10/11 if unresolved.[8] Defense counsel or probation officers can contact DSCC directly. Pro se individuals access forms via prison law libraries; appeals to courts via habeas under 28 U.S.C. § 2241 if administrative remedies fail. |title_mode=replace

Impact and Statistics

From 2022 to 2025, recalculation following Amendment 821 and FSA § 404 reductions advanced release dates for over 18,000 individuals, averaging 14 months of additional credit per person and contributing to 29,000 total FSA-driven releases.[9] In 2023, 17,465 studied individuals earned an average 10.3 months of FSA credits (16.9% of sentences), with 7.4 months applied toward prerelease.[10] |title_mode=replace

Recidivism for FSA credit releases is markedly lower: 9.7% overall (2020-2024 cohort of 44,673), 55% below matched pre-FSA rates (21.5%), with minimum-risk individuals at 2.8% versus 38.2% for high-risk.[11] Notable: Drug offense releases recidivate at 10.2%, versus 57% in state systems. |title_mode=replace

Criticisms and Challenges

Delays in post-order recalculation have caused over-incarceration (hundreds of days in instances), exacerbated by BOP's auto-calculation software errors in vacated counts and retroactive eligibility.[12] Litigation, including class actions like Crowe v. Federal Bureau of Prisons (dismissed June 2025), has compelled manual overrides in thousands of cases, highlighting staffing shortages and inconsistent PATTERN assessments.[13] Critics note the 365-day prerelease cap limits full credit utility, and disqualifying offenses exclude ~59,000 individuals. |title_mode=replace

Background

GCT originated in the 1866 Act, codified in 1897, and capped at 47 effective days until FSA's 2018 restoration to full 54 days per imposed year, effective 2022 via final rule.[14] FSA credits, enacted December 2018, incentivize EBRR/PAs via PATTERN tool, with full implementation delayed until 2022 due to system development. |title_mode=replace

Legislative History

The Sentencing Reform Act of 1984 eliminated indeterminate sentencing, shifting to fixed terms with limited credits. FSA § 101-102 expanded incentives, with § 3632 mandating risk assessments. Amendments via 2022 Federal Register rules finalized GCT/FSA procedures, retroactively applying to ~141,600 prisoners and prompting 3,163 immediate releases in 2019.[15] |title_mode=replace

Recent Developments

In 2025, BOP's FSA Task Force accelerated computations, integrating Second Chance Act prerelease (up to 12 months RRC/home confinement) with FSA credits, though caps persist.[16] Updates include free phone minutes for participants and automated SENTRY enhancements, with ongoing GAO oversight addressing delays. |title_mode=replace

See also

References

  1. ↑ "18 U.S.C. § 3624 - Release of a prisoner". Legal Information Institute. Retrieved November 24, 2025.
  2. ↑ "First Step Act: An Early Analysis of Recidivism". Council on Criminal Justice. Retrieved November 24, 2025.
  3. ↑ "Analyzing the First Step Act’s Impact on Criminal Justice". Brennan Center for Justice. Retrieved November 24, 2025.
  4. ↑ "First Step Act Time Credits Policy Released". Federal Bureau of Prisons. Retrieved November 24, 2025.
  5. ↑ "Update on Calculation of First Step Act Time Credits". Federal Bureau of Prisons. Retrieved November 24, 2025.
  6. ↑ "Good Conduct Time Credit Under the First Step Act". Federal Register. Retrieved November 24, 2025.
  7. ↑ "FSA Time Credits". Federal Register. Retrieved November 24, 2025.
  8. ↑ "Calculation of Time and Credits". Jones Zumpel Cassidy Criminal Defense. Retrieved November 24, 2025.
  9. ↑ "First Step Act: An Early Analysis of Recidivism". Council on Criminal Justice. Retrieved November 24, 2025.
  10. ↑ "First Step Act Earned Time Credits Published December 2024". United States Sentencing Commission. Retrieved November 24, 2025.
  11. ↑ "First Step Act: An Early Analysis of Recidivism". Council on Criminal Justice. Retrieved November 24, 2025.
  12. ↑ "Working Out the Bugs on the Bureau of Prisons First Step Act Calculator". Prisonology. Retrieved November 24, 2025.
  13. ↑ "Class Action FSA Credit Lawsuit Against the BOP Case Dismissed". Legal Information Services Associates LLC. Retrieved November 24, 2025.
  14. ↑ "Good Conduct Time Credit Under the First Step Act". Federal Register. Retrieved November 24, 2025.
  15. ↑ "Federal Prisoners Finally Receiving Benefits 42 Months After First Step Act Became Law". Prison Legal News. Retrieved November 24, 2025.
  16. ↑ "First Step Act Time Credits Applied to Supervised Release". Evergreen Attorneys. Retrieved November 24, 2025.

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