First Step Act: Don't Lose Early Release Time Credits In Federal Prison
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- Опубликовано: 21 сен 2024
- Thousands of federal prisoners have been released recently under the earned time credits programs of the First Step Act.
Finally, after three years, the BOP has published the final rule for implementation of the programming aspects of the First Step Act, including early release with earned time credits.
Like with “good days” or “good-time credits,” people earning First Step Act earned time credits must guard them zealously, understanding that the BOP can take time credits away.
And although there are also provisions for restoring lost earned time credits under certain conditions, our advice is to guard earned time credits by following all the prison and program rules along the way.
Discussion
People in federal prison and those about to begin serving a federal sentence can now be more optimistic because they can influence their release date when they participate in approved Bureau of Prisons programs and productive activities.
We now have initial evidence that the BOP will award people’s earned time credits under the First Step Act. Moreover, the BOP will follow the intent of Congress and apply earned time credits towards a person’s early release from prison, halfway house, home confinement, or supervised release.
Thus, the incentives for people to be productive while serving a federal prison sentence have never been higher.
However, we must also acknowledge the reality that people can lose their earned time credits under certain circumstances and that how the BOP will handle loss and restoration of earned time credits remains to be seen.
For now, let’s look at the rules for loss of time credits and sanctions as published on January 13, 2022.
Loss of FSA Earned Time Credits:
People in federal prison can lose First step Act earned time credits by violating the rules of an assigned program or productive activity. The number of earned time credits lost depends on the severity of the rules violation, and a person must have clear conduct for a year to restore lost credits.
What is good time credit and who is eligible?
Good time credit reduces a prisoner’s actual time in BOP custody. Federal prisoners serving a sentence of more than one year (at least 12 months and one day) and less than life in prison are eligible to earn good time credit.
A federal prisoner gets a maximum of 54 days per year of good days, or good time credit, for every year of their sentence, which amounts to a 15% reduction. This time off is sometimes called “good conduct time” because people earn it for “good behavior” or “exemplary compliance with institutional disciplinary regulations.”
What We Know So Far
The final rule for FSA Time Credits was published about one week ago. We have no experience with how the BOP will implement the rule in practice, but we will continue to monitor all developments.
Here is what we know so far:
The First Step Act authorized the BOP to put in place procedures for reducing earned time credits when people violate prison programming rules. (See 18 USC 3632(e).)
BOP also put in place procedures for restoring lost earned time credits, based on a person’s individual progress after the date of the rule violation.
The BOP has now published the procedures for such cases.
The BOP will implement loss of earned time credits procedures through the existing prison disciplinary process.
People who lose earned time credits can seek a review through the Administrative Remedy Program. (See 28 CFR part 542.)
People can lose their earned time credits if they violate the requirements or rules of an approved program or productive activity.
According to the BOP, “an inmate will not be considered to be successfully participating if that inmate refuses to participate in or otherwise violates conditions, rules, or requirements of programs or productive activities recommended based on the inmate’s risk and needs assessment.”
Also according to the BOP, “temporary interruptions in participation that are unrelated to an inmate’s refusal to participate or other violation of programming requirements, or that are authorized by the Bureau, such when a recommended program or activity is unavailable or at full enrollment, will not affect the inmate’s ability to earn Time Credits.”
Failure to complete an assigned activity may itself constitute an infraction (e.g., failing to accept a mandatory work assignment). In those cases, the failure to complete a mandatory activity may result in the loss of time credits.
It will take about 12 months of clear conduct - or two consecutive risks and needs assessments - for a person to have part or all of the lost earned time credits potentially restored.
This post is a reminder for everyone working on earned time credits that “the BOP giveth and the BOP may taketh away.”
I know someone who just got there. She said if she's on her best behavior because of the First Step Act she can get out a lot sooner. My friend is really into it so she's doing the right thing.
Can you ask her how much sooner because I'm looking at alot of time ? I will appreciate the info
Great video! Your technicality when explaining these helps me better understand the things that are usually unsaid. I will be self- surrendering to Florence Colorado Camp soon. I have watched every video you have produced. Thank you very much! I would like to understand how to join your team or is that an option.?
Hey Justin- great video and very informative. I have been watching basically all of your videos lately, as I have to self surrender 6/1 for a 5 month sentence. I am just trying to obtain as much information as I possibly can in order to influence my release date and also to engage in as many positive activities as I possibly can. My question is- since my actual sentence is very short (5 months custody is what the paperwork says)- does this allow any time for me to engage in programs etc.? It just seems to me that BOP moves very slowly so by the time they get around to my entire case - the 5 months will basically be up. Does the FSA apply to me as well- even though my sentence is very short- thank you so much for the work that you do and the passion and energy that you put into it all.
Thank you so much for all the info I'm gonna watch all your videos
Thank you for the content!!
How many earn time credits can one receive?
Really need some help understanding this FSA time credit. Inmate in federal custody since Oct 2017, working since Jan 2018, sentenced and transferred to another facility 6 mths ago where he continues to work and just yesterday received fsa credits which was only awarded a total of 90 days. They were not able to expían how these days were calculated saying they are’s not familiar with program and that it was automatically calculated. Contacted regional office and again mentioned not very familiar with this new law but that the reason could be that the fsa credits are only awarded after sentenced and not while in a federal custody waiting trial. I mentioned he had plead guilty a year before he was finally sentenced. Can someone explain? After all these years we were hoping he could get more time credits then just 90days.
Hey Claudia did you ever get an answer? Have you talked to your hubby? I need mire info I start my court in 1 week?
Hi, if your on supervised release, do you qualify for early release credit or that's only if you been in prison.
I like the haircut Justin.
I would like to talk to you about my sons credits please.
Please help me on any info you have for this I'm just starting court?
You should add a Patreon to your White Collar Advice portal. I would like to have a copy of your partner’s book and would like to pay for it to support your channel
Ineedyourhelpplease
Mine is a non violent drug offender still sitting there in Danbury no hope no nothing . I have no money for any of this
Anyone who took the jab was deemed ineligible for the compassionate release. So stop the fairy tale you so speak of
Inevergonetoschool.it.will.takemelong.togetbetter