First Step Act (FSA) time credits, explained

What are FSA time credits?

The First Step Act of 2018 lets eligible federal inmates earn time credits by completing evidence-based recidivism reduction (EBRR) programs and productive activities (PAs) run by the Federal Bureau of Prisons. Earned credits can shorten the time actually spent in prison by moving an inmate to prerelease custody (home confinement or a residential reentry center) or, in some cases, to supervised release earlier than the guideline range alone would suggest.

How credits are earned

• 10 days of credit for every 30 days of successful programming.
• An extra 5 days per 30 days (15 total) for inmates assessed as minimum or low risk of recidivism on two consecutive PATTERN assessments.
• Credits accrue only while the inmate is actively participating and not in disciplinary segregation.

Who is eligible

Most federal inmates can earn credits, but statute (18 U.S.C. § 3632(d)(4)(D)) excludes a long list of disqualifying offenses — including many terrorism, sex offense, major violence, and large-scale drug trafficking convictions. Inmates with detainers or certain immigration status issues may earn credits but cannot apply them toward early transfer.

How credits are applied

Earned credits are applied by the BOP toward prerelease custody or, up to 12 months, toward early transfer to supervised release. The exact release date depends on the PATTERN risk score, program completion, disciplinary record, and available placement capacity — it is not automatic.

Where to go next

A federal defense attorney or reentry specialist can review the presentence report, PATTERN score, and program history to project realistic release dates. Use the sentencing calculator to estimate the guideline range first, then discuss FSA credit strategy with counsel.