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The Federal First Step Act of 2018 has updated FSA Time Credits

All eligible persons earn 10 days of FSA Time Credits for every 30 days of successful participation in evidence-based recidivism reduction (EBRR) programs or productive activities (PAs) that BOP has recommended based on risk & needs assessment.

Persons in min/low risk categories who “over 2 consecutive assessments” have not increased their risk category shall earn “an additional 5 days of time credits for every 30 days of successful participation.” Qualifying Participation must be on or after FSA enactment (Dec. 21, 2018) & commencement of sentence. Credits awarded for every 30-day period in “earning status,” i.e., participating in or awaiting participation in EBRR programs and PAs recommended based on risk and needs assessment.

Successful Participation Does Not Include:

1) Special Housing Unit (disciplinary segregation only);

2) Designation status outside institution (e.g., extended medical, furlough);

3) Temporary transfer to other agency custody (including federal writs);

4) Mental health/psychiatric holds; and

5) Opted out of recommended EBRR/PAs; refused to complete needs assessments.

FSA time credits shall be applied when an individual has: (A) earned credits equal to remainder of prison term and (B) has either maintained min/low risk or “demonstrated recidivism risk reduction” in reassessments.

For early transfer to supervised release (not to exceed 12 months):

(1) Min/low risk for last reassessment; and

(2) Has a term of supervised release as part of sentence.

For prerelease custody (home confinement or RRC):

(1) Min/low risk for last 2 reassessments; or

(2) With warden approval after determining (a) no danger to society; (b) good-faith effort to lower recidivism risk through programming; and (c) unlikely to recidivate.

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