Unveiling the Truth: Analyzing the Bureau of Prisons' Application of the First Step Act Federal Time Credits
- Brandon Harper
- Nov 14, 2024
- 3 min read
Updated: Nov 18, 2024
The Federal Bureau of Prisons (BOP) has long faced criticism for its inconsistent application of First Step Act (FSA) credits, particularly in how inmates earn credits for completing recidivism-reducing programs. These credits are supposed to be earned throughout a person’s time in BOP custody – including while in halfway houses or home confinement – similar to good conduct time credits under 18 U.S.C. § 3624(b). Yet, until now, the BOP has struggled to implement an efficient process for applying these credits to allow inmates to fully benefit from 18 U.S.C. § 3624(g), Federal Time Credits.
The Issue: Many inmates nearing release – within 18 months – have been denied FSA time credits because the BOP failed to have a system in place to track and apply these credits. This resulted in inmates being held longer than necessary, essentially like an employer refusing to pay you for your last month of work because it's too complicated to calculate.
The Recent Development: A few months ago, the BOP introduced a “Conditional Placement Date” in inmates' Sentence Computation forms. This line, however, was quickly removed due to calculation errors. For two months, inmates were left without clear documentation of their FSA credit calculations. Now, the BOP has finally announced that it will begin calculating three new “conditional” dates related to an inmate’s potential release based on earned time credits (FTCs).
These three conditional dates are:
1. FTC Conditional Placement Date:
This is the date when an inmate might become eligible for transfer to halfway house or home confinement, depending on the maximum amount of FTCs they have earned.
2. Second Chance Act (SCA) Conditional Placement Date:
Based on eligibility under the Second Chance Act, this date will reflect the inmate's possible release to a halfway house, up to 12 months early. Eligibility is determined by an individual assessment from BOP staff, and placement may range from zero to a full year in a halfway house.
3. Conditional Transition to Community Date:
This date represents the earliest possible time an inmate could be transferred from prison to halfway house or home confinement, factoring in both FTCs and SCA eligibility.
How the System Works: The BOP has promised that these new conditional dates will be used to begin planning an inmate’s release 17-19 months before their Conditional Transition to Community Date. For inmates who qualify, this might even mean direct placement into home confinement, bypassing halfway house placement altogether where appropriate.
What Does This Mean for Inmates? Let’s consider a typical example: An inmate starts serving a 120-month sentence on January 1, 2024, and with good time credits, they are projected for release on July 1, 2032. If they fully participate in FSA programs, they could earn 1,305 FTCs by that time. Of those FTCs, 365 can be applied to reduce their time served, meaning their new release date could be moved up to July 1, 2031. This would leave 940 FTCs, which could be used for an early transition to a halfway house or home confinement on November 3, 2028. This date would be their FTC Conditional Placement Date.
In addition, under the Second Chance Act, they might become eligible for an additional year in a halfway house, moving their Conditional Transition to Community Date to November 3, 2027.
Looking Ahead: It has taken almost six years since the passage of the First Step Act for the BOP to establish a functioning system to calculate and apply these credits fairly. In the meantime, many prisoners have been incarcerated for longer than necessary, a situation made worse by poor communication and technical issues within the BOP.
While the new system represents a step forward, the true test will be in its consistent and fair implementation. There is still much work to be done to ensure that inmates are treated fairly and receive the benefits they are entitled to under the law.
Brandon Harper Legal Expert Post Conviction Relief Associates
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