Earned Time Credits Under the First Step Act - Revision history

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			{{MetaDescription\|Learn about Earned Time Credits Under the First Step Act's federal case, conviction, and prison experience on Prisonpedia.}}
	'''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:_Overview_and_Implementation\|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.<ref name="doj-announcement">{{cite web \|title=Justice Department Announces New Rule Implementing Federal Time Credits Program Established by the First Step Act \|url=https://www.justice.gov/archives/opa/pr/justice-department-announces-new-rule-implementing-federal-time-credits-program-established \|publisher=United States Department of Justice, Office of Public Affairs \|access-date=November 24, 2024}}</ref>		'''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:_Overview_and_Implementation\|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.<ref name="doj-announcement">{{cite web \|title=Justice Department Announces New Rule Implementing Federal Time Credits Program Established by the First Step Act \|url=https://www.justice.gov/archives/opa/pr/justice-department-announces-new-rule-implementing-federal-time-credits-program-established \|publisher=United States Department of Justice, Office of Public Affairs \|access-date=November 24, 2024}}</ref>

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	==References==		==References==
	<references />		<references />
			{{MetaDescription\|Guide to First Step Act earned time credits. Learn about eligibility, productive activities, and reducing your sentence.}}

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	These credits may be applied toward early transfer to prerelease custody, such as a [[Residential_Reentry_Centers_(Halfway_Houses)\|halfway house]] or [[Home_Confinement_and_Monitoring_Programs\|home confinement]], or toward early placement onto [[Supervised_Release\|supervised release]].<ref name="ussc-fsa">{{cite web \|title=First Step Act Earned Time Credits \|url=https://www.ussc.gov/education/first-step-act-earned-time-credits \|publisher=United States Sentencing Commission \|access-date=November 24, 2024}}</ref>		These credits may be applied toward early transfer to prerelease custody, such as a [[Residential_Reentry_Centers_(Halfway_Houses)\|halfway house]] or [[Home_Confinement_and_Monitoring_Programs\|home confinement]], or toward early placement onto [[Supervised_Release\|supervised release]].<ref name="ussc-fsa">{{cite web \|title=First Step Act Earned Time Credits \|url=https://www.ussc.gov/education/first-step-act-earned-time-credits \|publisher=United States Sentencing Commission \|access-date=November 24, 2024}}</ref>

	Unlike [[Federal_Good_Time_Credit_Policies\|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.<ref name="bop-fsa-overview">{{cite web \|title=First Step Act Overview \|url=https://www.bop.gov/inmates/fsa/overview.jsp \|publisher=Federal Bureau of Prisons \|access-date=November 24, 2024}}</ref> 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.		Unlike [[Federal_Good_Time_Credit_Policies\|good conduct time]], which is credited automatically based on compliance with institutional rules, earned time credits require active participation in programming recommended by the [[Index_of_Federal_Prison_Facilities\|Federal Bureau of Prisons]] (BOP) based on individualized risk and needs assessments.<ref name="bop-fsa-overview">{{cite web \|title=First Step Act Overview \|url=https://www.bop.gov/inmates/fsa/overview.jsp \|publisher=Federal Bureau of Prisons \|access-date=November 24, 2024}}</ref> 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.

	==Risk and needs assessment system==		==Risk and needs assessment system==
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	*[[First_Step_Act:_Overview_and_Implementation\|First Step Act: Overview and Implementation]]		*[[First_Step_Act:_Overview_and_Implementation\|First Step Act: Overview and Implementation]]
	*[[Federal_Good_Time_Credit_Policies\|Good conduct time]]		*[[Federal_Good_Time_Credit_Policies\|Good conduct time]]
	*[[Federal Bureau of Prisons]]		*[[Index_of_Federal_Prison_Facilities\|Federal Bureau of Prisons]]
	*[[Residential_Drug_Abuse_Program_(RDAP)\|Residential Drug Abuse Program]]		*[[Residential_Drug_Abuse_Program_(RDAP)\|Residential Drug Abuse Program]]

	==References==		==References==
	<references />		<references />

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			<html>
			<script type="application/ld+json">
			{
			"@context": "https://schema.org",
			"@type": "FAQPage",
			"mainEntity": [
			{
			"@type": "Question",
			"name": "What are First Step Act earned time credits?",
			"acceptedAnswer": {
			"@type": "Answer",
			"text": "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. 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."
			}
			},
			{
			"@type": "Question",
			"name": "How many days can you earn under the First Step Act?",
			"acceptedAnswer": {
			"@type": "Answer",
			"text": "Eligible inmates earn time credits at two rates: the standard rate of 10 days of credit for every 30 days of successful participation, or the enhanced rate of 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. Credits accrue based on duration of participation rather than program completion. The maximum sentence reduction through earned time credits is capped at 365 days (one year), with additional credits potentially applied toward prerelease custody placement."
			}
			},
			{
			"@type": "Question",
			"name": "Who is eligible for First Step Act time credits?",
			"acceptedAnswer": {
			"@type": "Answer",
			"text": "To earn and apply First Step Act time credits, an inmate must be serving a sentence for a federal offense, not be convicted of any disqualifying offense listed in 18 U.S.C. § 3632(d)(4)(D), not be subject to a final order of removal under immigration law, and be classified as minimum or low risk under PATTERN to apply credits (or receive warden approval if medium or high risk). D.C. Code offenders are generally ineligible to apply credits. Inmates with immigration detainers may earn credits but cannot apply them toward early release."
			}
			},
			{
			"@type": "Question",
			"name": "What offenses disqualify you from First Step Act credits?",
			"acceptedAnswer": {
			"@type": "Answer",
			"text": "Section 3632(d)(4)(D) specifies approximately 68 offense categories that render an inmate ineligible to earn time credits. These include violent crimes such as murder, manslaughter, kidnapping, and assault with intent to kill; terrorism-related offenses; espionage and national security crimes; sexual offenses and human trafficking; child exploitation offenses; certain firearms offenses including use of a firearm during a crime of violence or drug trafficking; high-level drug trafficking where the offender served as organizer, leader, or supervisor; and repeat felon in possession of a firearm."
			}
			},
			{
			"@type": "Question",
			"name": "What is PATTERN in the First Step Act?",
			"acceptedAnswer": {
			"@type": "Answer",
			"text": "PATTERN (Prisoner Assessment Tool Targeting Estimated Risk and Needs) is the Department of Justice's official risk assessment instrument that measures an incarcerated individual's likelihood of recidivism. It calculates two separate scores: a general recidivism risk score and a violent recidivism risk score, placing inmates into minimum, low, medium, or high risk categories. PATTERN incorporates both static factors like criminal history and age at first arrest, and dynamic factors that can change during incarceration such as program completion and disciplinary infractions. For earned time credits to apply toward early release, both risk classifications must be minimum or low."
			}
			},
			{
			"@type": "Question",
			"name": "What programs qualify for First Step Act time credits?",
			"acceptedAnswer": {
			"@type": "Answer",
			"text": "The BOP categorizes qualifying activities into two types. Evidence-Based Recidivism Reduction Programs (EBRRs) are structured activities shown by empirical evidence to reduce recidivism, including cognitive behavioral therapy, substance abuse treatment, vocational training, educational courses, and faith-based services. Productive Activities (PAs) allow minimum or low risk inmates to remain productive, including work assignments through UNICOR, recreational activities, religious services, and family interaction activities. To earn credits, inmates must participate in programming recommended to address their assessed needs based on SPARC-13 results."
			}
			},
			{
			"@type": "Question",
			"name": "How are First Step Act credits different from good time credits?",
			"acceptedAnswer": {
			"@type": "Answer",
			"text": "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 BOP based on individualized risk and needs assessments. The two credit systems operate independently and may be combined. Earned time credits are calculated and applied after good conduct time credits. The BOP first adjusts release date based on good conduct time, then determines how earned time credits affect eligibility for prerelease custody or early supervised release. The systems are cumulative, meaning an inmate may benefit from both simultaneously."
			}
			},
			{
			"@type": "Question",
			"name": "Can you lose First Step Act earned time credits?",
			"acceptedAnswer": {
			"@type": "Answer",
			"text": "Yes, inmates may lose earned time credits for engaging in misconduct or violating the requirements of a program or productive activity. 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. Lost credits may be restored on a case-by-case basis after the inmate maintains clear conduct with no disciplinary infractions for two consecutive risk and needs assessment periods. The authority to restore credits is delegated to the facility warden."
			}
			},
			{
			"@type": "Question",
			"name": "How do you opt in to earn First Step Act credits?",
			"acceptedAnswer": {
			"@type": "Answer",
			"text": "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. SPARC-13 is a 13-area needs assessment covering anger/hostility, antisocial peers, cognitions, dyslexia, education, family/parenting, finance/poverty, medical needs, mental health, recreation/leisure/fitness, substance use, trauma, and work. 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."
			}
			},
			{
			"@type": "Question",
			"name": "How many people have been released under First Step Act time credits?",
			"acceptedAnswer": {
			"@type": "Answer",
			"text": "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. 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."
			}
			}
			]
			}
			</script>
			</html>
	'''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:_Overview_and_Implementation\|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.<ref name="doj-announcement">{{cite web \|title=Justice Department Announces New Rule Implementing Federal Time Credits Program Established by the First Step Act \|url=https://www.justice.gov/archives/opa/pr/justice-department-announces-new-rule-implementing-federal-time-credits-program-established \|publisher=United States Department of Justice, Office of Public Affairs \|access-date=November 24, 2024}}</ref>		'''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:_Overview_and_Implementation\|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.<ref name="doj-announcement">{{cite web \|title=Justice Department Announces New Rule Implementing Federal Time Credits Program Established by the First Step Act \|url=https://www.justice.gov/archives/opa/pr/justice-department-announces-new-rule-implementing-federal-time-credits-program-established \|publisher=United States Department of Justice, Office of Public Affairs \|access-date=November 24, 2024}}</ref>

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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.<ref name="bop-programs-guide" />		* '''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.<ref name="bop-programs-guide" />

	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.<ref name="bop-rdap">{{cite web \|title=RDAP Deemed 'Life-changing' by Women in Federal Prison \|url=https://www.bop.gov/resources/news/20230313_rdap_deemed_life-changing.jsp \|publisher=Federal Bureau of Prisons \|access-date=November 24, 2024}}</ref>		Notable programs include the [[Residential_Drug_Abuse_Program_(RDAP)\|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.<ref name="bop-rdap">{{cite web \|title=RDAP Deemed 'Life-changing' by Women in Federal Prison \|url=https://www.bop.gov/resources/news/20230313_rdap_deemed_life-changing.jsp \|publisher=Federal Bureau of Prisons \|access-date=November 24, 2024}}</ref>

	===Opt-in requirements===		===Opt-in requirements===
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	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.<ref name="gao-report" />		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.<ref name="gao-report" />

	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.<ref name="sentencing-project" /> 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.<ref name="urban-etc">{{cite web \|title=Three Ways to Increase the Impact of the First Step Act's Earned Time Credits \|url=https://www.urban.org/urban-wire/three-ways-increase-impact-first-step-acts-earned-time-credits \|publisher=Urban Institute \|access-date=November 24, 2024}}</ref>		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.<ref name="sentencing-project" /> The Urban Institute observed that the conversion rate of program hours to credit days yields relatively modest benefits, with even intensive programs like [[Residential_Drug_Abuse_Program_(RDAP)\|RDAP]] producing only about one month of earned credits.<ref name="urban-etc">{{cite web \|title=Three Ways to Increase the Impact of the First Step Act's Earned Time Credits \|url=https://www.urban.org/urban-wire/three-ways-increase-impact-first-step-acts-earned-time-credits \|publisher=Urban Institute \|access-date=November 24, 2024}}</ref>

	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.<ref name="doj-pattern-update" />		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.<ref name="doj-pattern-update" />

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