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First Step Act Time Credits Policy Released

Three changes included to how time credits are calculated

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(BOP) - The Bureau of Prisons has released Program Statement 5410.01 titled, "First Step Act of 2018 - Time Credits: Procedures for Implementation of 18 U.S.C. § 3632(d)(4)".

As the Bureau continues to make progress in fully implementing the historic First Step Act, three major changes have been incorporated in this policy. First, inmates will soon be able to see all potential Federal Time Credits (FTC) they may earn over the course of their sentence at their first Unit Team meeting. This number is an estimate; however, credits may change depending on whether the inmate successfully participates in programming. Second, inmates will be able to earn credit while in administrative detention if they continue participating in available programming opportunities provided to them. Finally, inmates will be able to continue earning credit while in the community, so long as they continue to successfully comply with all the rules and procedures of pre-release custody.

The Bureau used the January 2022 publication of Federal Regulations on the First Step Act time credits to manually calculate FTCs and, more recently, implemented automated calculation software. With the automation, some inmates noticed their time credit balance decreased due to incomplete needs assessments and/or declined programs. This policy includes a grace period, available until December 31, 2022, for inmates who have not completed all needs assessments or who have declined programs to try to address these issues. Beginning January 1, 2023, any incomplete needs assessments or any declined to participate codes will lead to the inmate not earning FTCs in accordance with the federal regulations.

This information has been posted on the Bureau's TRULINCS system for the inmates. Additionally, Bureau staff will continue to communicate FSA time credit implementation information with the inmate population via town halls, open-house hours, and various other means.

FSA Time Credits: Staff Talking Points