Sentence Reduction
Understanding the First Step Act for Federal Inmates
The First Step Act of 2018 is the most significant federal criminal justice reform in decades. For federal inmates, it creates real opportunities for earlier release through program participation. This guide explains how the law works and who can benefit.
What is the First Step Act?
Signed into law in December 2018, the First Step Act represents bipartisan criminal justice reform. Its key goals include reducing recidivism, improving conditions in federal prisons, and providing opportunities for inmates to earn earlier release through rehabilitation programs.
The law's name reflects its purpose as a "first step" toward broader reform. It includes provisions for both sentencing reform (affecting future sentences) and prison reform (affecting current inmates).
Key Provisions for Current Inmates
Earned Time Credits (FSA Credits)
The most impactful provision for current inmates is the ability to earn time credits through participation in "evidence-based recidivism reduction programs" and "productive activities."
- Inmates can earn 10-15 days of credit for every 30 days of programming
- Maximum of 365 days of credits can be earned per year
- Credits are applied toward prerelease custody (halfway house or home confinement), not direct release
- Inmates classified as "minimum" or "low" risk earn credits at the higher rate
Good Conduct Time (GCT)
The First Step Act clarified that inmates can earn up to 54 days of good conduct time per year (previously calculated differently, resulting in fewer days). This applies retroactively, meaning some inmates received immediate sentence reductions.
Expanded Home Confinement
The law expanded eligibility for home confinement. Inmates who are elderly, terminally ill, or have received compassionate release may qualify for home confinement placement. The pandemic led to temporary expansion of these provisions.
Facility Placement
The First Step Act requires the BOP to place inmates within 500 miles of their primary residence when practicable. This helps maintain family connections during incarceration.
Who is Eligible for Earned Time Credits?
Most federal inmates can earn First Step Act credits, but some are excluded based on their offense. Exclusions include:
- Certain crimes of violence
- Sex offenses
- Repeat violent offenders
- High-level drug trafficking offenses
- Terrorism-related offenses
- Specific offense categories listed in the statute
Even inmates who cannot earn time credits can still participate in programs for their rehabilitative value.
How Credits Are Applied
First Step Act credits don't result in direct release from prison. Instead, they're applied toward prerelease custody:
- Credits can be applied to placement in a Residential Reentry Center (halfway house)
- Credits can also be applied to home confinement
- The BOP determines how credits are used based on individual circumstances
- Inmates with earned credits should advocate for home confinement when appropriate
First Step Act and RDAP
First Step Act credits are separate from RDAP early release benefits. Eligible inmates can potentially benefit from both:
- RDAP can provide up to 12 months off the sentence for eligible inmates who complete the program
- First Step Act credits can provide additional time in prerelease custody
- These are independent provisions that stack
- Strategic planning should consider both opportunities
Maximizing First Step Act Benefits
To get the most from First Step Act provisions:
- Participate in programming: Engage actively in approved programs
- Maintain good conduct: Disciplinary issues can affect credit application
- Understand your eligibility: Know whether you qualify for earned time credits
- Track your credits: Monitor your credit accumulation through your case manager
- Plan for prerelease: Develop a strong release plan to support home confinement eligibility
- Advocate for yourself: Request appropriate credit application when eligible
Frequently Asked Questions
What is the First Step Act?
The First Step Act is federal legislation signed in 2018 that reforms federal sentencing and prisons. Key provisions include expanded good time credits, earned time credits for program participation, and reforms to mandatory minimums.
How much time can the First Step Act take off my sentence?
Eligible inmates can earn up to 365 days of credits per year through program participation, applied toward prerelease custody. Combined with good conduct time, these credits can significantly reduce time served in prison.
Who is eligible for First Step Act time credits?
Most federal inmates are eligible, but some are excluded based on offense type, including certain violent crimes, sex offenses, and specific drug or terrorism offenses.
How does the First Step Act work with RDAP?
First Step Act time credits are separate from RDAP early release. Eligible inmates can potentially benefit from both: up to 12 months from RDAP plus earned time credits from the First Step Act.
How Sam Can Help
Understanding the First Step Act and maximizing its benefits requires knowledge and planning. Sam Mangel helps clients navigate these opportunities.
- Eligibility Assessment: Determining whether you qualify for earned time credits
- Program Strategy: Identifying the right programs to participate in
- Credit Optimization: Ensuring credits are properly accumulated and applied
- Release Planning: Positioning for home confinement versus halfway house
- Combined Strategy: Integrating First Step Act benefits with RDAP and other opportunities
Maximize Your First Step Act Benefits
The First Step Act created real opportunities for earlier release. Contact Sam to develop a strategy that maximizes your benefits.