(BOP) - The Bureau is beginning implementation of the First Step Act Time Credits program. Federal regulations regarding time credits are final and are published in the Federal Register. This rule codifies the procedures regarding the earning and application of time credits. The Department of Justice announced the new rule in a press release on January 13, 2022. Under the First Step Act, eligible inmates may earn time credits towards prerelease custody or early transfer to supervised release for successful participation in evidence-based recidivism reduction programs or productive activities.
As implemented under the final rule, inmates will be assigned to evidence-based recidivism reduction programs and productive activities based on an individualized risk and needs assessment. Inmates rated at a low or minimum risk of recidivism will earn 15 credits for every 30 days that they successfully participate in programming, and individuals rated at a medium or high risk of recidivism will earn 10 credits for every 30 days that they successfully participate in programming.
Under the final rule, a "day" does not mean the inmate must participate in 8 hours of programming to get credit. Rather, a day means a calendar day on which the inmate is participating in whatever assigned programming takes place on that date. In other words, if an inmate is assigned to and attending three programs that take place only on Mondays, Wednesdays and Fridays, as long as the inmate consistently attends on Mondays, Wednesdays and Fridays for a 30-day period, the inmate will receive credit. This reflects a change for the proposed rule, made in response to extensive public feedback through the comment period.
Additionally, time credits will be awarded retroactively back to the date of enactment of the FSA, December 18, 2018. This means that many individuals who are near to the end of their sentences and who have a low or minimum risk rating may be transferred to supervised release or prerelease custody immediately and in the days and weeks ahead.
Implementation has already begun, and it is anticipated that in the weeks to come, thousands of incarcerated persons will be eligible for release. The rule will take some time to implement fully, but the Bureau will begin with inmates who are approaching the end of their sentences and who have successfully participated to date such that they may be eligible for immediate release. The calculation process will ultimately occur for all eligible incarcerated persons who have successfully participated in evidence-based recidivism reduction programs or productive activities.