The First Step Act allows eligible federal prisoners to earn time credits toward early release by participating in evidence-based recidivism reduction programs and productive activities. Eligible people can earn 10 to 15 days of credit for every 30 days of programming, potentially reducing sentences by 12 to 18 months or more.
Signed into law in December 2018, the First Step Act represents the most significant federal prison reform in decades. (to learn more about the history of the First Step act, watch this video). Time credits accumulate throughout your sentence and can be applied toward halfway house placement or home confinement. For people serving longer sentences, FSA credits provide a meaningful path to earlier release beyond good conduct time alone.
Understanding how to maximize your time credits requires knowing which programs count, how credits are calculated, and what restrictions apply to your offense.
What Is the First Step Act?
The First Step Act is federal legislation enacted on December 21, 2018, that reformed sentencing laws and expanded early release opportunities for federal prisoners. The law has two main components: sentencing reforms and earned time credits.
Sentencing reforms included:
- Reduced mandatory minimums for certain drug offenses
- Expanded the safety valve for drug trafficking
- Made the Fair Sentencing Act retroactive for crack cocaine cases
- Limited stacking of firearm enhancements
Earned time credit provisions allow prisoners to:
- Earn credits through program participation (note, our course, Preparing For Success After Prison is an FSA approved course).
- Apply credits toward halfway house or home confinement
- Reduce time in prison custody by up to 12-18+ months
- Access more rehabilitation programming
The Bureau of Prisons was required to implement a risk assessment system (PATTERN) to determine eligibility and to expand evidence-based programs that prisoners can participate in to earn credits. Implementation began in January 2020, but as you will hear in this video from Deputy Director, Josh Smith, rollout was slow and delayed.
First Step Act Time Credits Explained
Time credits under the First Step Act work differently than good conduct time. You earn FSA credits by actively participating in approved programs and productive activities throughout your sentence.
How FSA credits work:
Minimum-risk people earn 15 days of credit for every 30 days of programming. This equals one day of credit for every two days of program participation.
Low-risk people earn 10 days of credit for every 30 days of programming. This equals one day of credit for every three days of participation.
Medium and high-risk people cannot earn time credits under current BOP policy, though they can still participate in programs to potentially reduce their risk level.
Credits accumulate throughout your sentence. From the day you enter custody, any qualifying program or activity you participate in earns credits if you’re eligible. The BOP tracks credits automatically.
Credits are applied at the end toward prerelease custody. When you’ve earned sufficient credits and meet all requirements, the BOP transfers you to a halfway house or home confinement rather than keeping you in prison.
Example Calculation First Step Act Time Credits
A person serving 60 months who is assessed as minimum risk participates in 24 months of programming during their sentence. They earn:
- 24 months = 730 days of programming
- 730 days ÷ 2 = 365 days of FSA credits earned
- 365 days = 12 months of early release
Combined with good conduct time (15% reduction) and FSA credits, they could serve 36 months in prison, 12 months in prerelease custody, leaving 12 months of their sentence satisfied through credits.
First Step Act Time Credits Eligibility Requirements
Not every federal prisoner can earn FSA time credits. The Bureau of Prisons applies strict eligibility criteria based on your offense, risk assessment, and institutional behavior.
Basic eligibility requirements:
You must be serving a federal sentence. State inmates and pretrial detainees are not eligible for federal FSA credits.
You must have a minimum or low PATTERN risk score. The BOP’s risk assessment tool determines your recidivism risk. Only minimum and low-risk inmates currently earn credits under BOP policy.
Your offense cannot be excluded. Certain violent crimes and sex offenses are prohibited from earning FSA credits regardless of risk level.
You must maintain clear conduct. Serious disciplinary infractions can suspend or revoke earned credits.
You must participate in approved programs. Simply being eligible doesn’t earn credits. You must actively engage in evidence-based programs or productive activities.
PATTERN risk assessment determines credit eligibility:
Within the first year of custody, the BOP conducts a PATTERN assessment that evaluates your risk of reoffending. The assessment considers:
- Your criminal history
- Age at time of offense
- Prior violent convictions
- Education level
- Prison disciplinary history
- Substance abuse history
- Gang affiliation
Based on these factors, you receive a score:
- Minimum risk: Lowest recidivism probability (earn 15 days per 30)
- Low risk: Low recidivism probability (earn 10 days per 30)
- Medium risk: Moderate recidivism probability (no credits currently)
- High risk: High recidivism probability (no credits currently)
Your risk level can change. Completing programs, maintaining clear conduct, and aging all potentially lower your risk score at annual reassessments.
Excluded Offenses: Who Cannot Earn FSA Credits
The First Step Act specifically prohibits prisoners convicted of certain offenses from earning time credits. These exclusions are permanent regardless of risk level or program participation.
Excluded offenses under 18 U.S.C. 3632(d)(4)(D):
Violent crimes including:
- Murder, attempted murder, or conspiracy to commit murder
- Assault with intent to commit murder
- Aggravated assault
- Kidnapping
- Rape or sexual abuse
- Child pornography or sexual exploitation of children
- Any offense involving a minor victim
Terrorism-related offenses:
- Terrorism under 18 U.S.C. Chapter 113B
- Support of terrorist organizations
- Weapons of mass destruction
- Aircraft hijacking
Specific excluded offenses:
- Heroin or fentanyl importation (21 U.S.C. 960)
- Certain high-level drug trafficking offenses
- Offenses requiring sex offender registration
The exclusion is based on conviction, not behavior. If your conviction falls within excluded categories, you cannot earn FSA credits even if you pose minimal risk and participate in every available program.
Offenses that ARE eligible:
Most federal offenses remain eligible for FSA credits:
- Drug trafficking (except heroin/fentanyl importation)
- White collar fraud and financial crimes
- Immigration offenses
- Weapons charges (not involving terrorism)
- Tax crimes
- Public corruption
- Most nonviolent federal offenses
If you’re uncertain whether your offense is excluded, your case manager can provide clarification based on your specific conviction.
Evidence-Based Recidivism Reduction Programs
The First Step Act requires the BOP to offer evidence-based recidivism reduction programs. These programs have been studied and shown to reduce the likelihood of reoffending after release.
What makes a program “evidence-based”:
Evidence-based programs meet specific criteria:
- Peer-reviewed research demonstrates effectiveness
- Programs reduce recidivism rates
- Standardized curricula and implementation
- Measurable outcomes
- BOP approval and designation as FSA-qualifying
The BOP has approved numerous programs across different categories.
Categories of evidence-based programs:
Substance abuse treatment:
- RDAP (Residential Drug Abuse Program)
- Non-Residential Drug Abuse Program
- Alcohol and Drug Education
- Challenge Program
- Resolve Program
Mental health programming:
- Cognitive-behavioral therapy groups
- Anger management
- Trauma treatment
- Mental health education
Educational programs:
- GED preparation and completion
- English as a Second Language (ESL)
- Adult Continuing Education
- Occupational training programs
- Post-secondary education
Job skills and vocational training:
- Career readiness courses
- Vocational training certifications
- Apprenticeship programs
- Job placement preparation
- Resume and interview skills
Life skills programming:
- Financial literacy
- Parenting skills
- Relationship skills
- Health and wellness
- Release preparation
Each program has specific hour requirements and completion criteria. The BOP tracks your participation hours automatically.
Productive Activities That Earn FSA Credits
Beyond formal programs, the First Step Act allows credits for productive activities. These are structured activities that contribute to your rehabilitation and preparation for release.
Productive activities recognized by the BOP:
Work assignments:
- UNICOR factory jobs
- Food service
- Facility maintenance
- Warehouse operations
- Clerical positions
- Education department tutoring
Not all work assignments automatically qualify. The BOP determines which positions count as productive activities based on skill development and responsibility level.
Mentorship and peer support:
- Serving as program mentor
- Tutoring other inmates
- Religious services volunteer
- Recreation program assistant
Self-improvement activities:
- Correspondence courses
- Independent study programs
- Reading programs
- Writing projects
Important limitations:
Productive activities typically earn credits at lower rates than evidence-based programs. A full-time work assignment might earn credits, but participating in an evidence-based program usually earns more credits for the same time investment.
The BOP has discretion in determining what qualifies as a productive activity. Some facilities are more generous than others in designating activities as FSA-eligible.
How Many Days Can You Earn with First Step Act?
The amount of time you can earn through FSA credits depends on your risk level, sentence length, and available programming.
Maximum potential credits:
For minimum-risk prisoners: If you participate in qualifying programs for your entire sentence:
- 24 months of programming = 360 days (12 months) of credits
- 36 months of programming = 540 days (18 months) of credits
- 48 months of programming = 720 days (24 months) of credits
For low-risk prisoners:
- 24 months of programming = 240 days (8 months) of credits
- 36 months of programming = 360 days (12 months) of credits
- 48 months of programming = 480 days (16 months) of credits
Realistic credit accumulation:
Most prisoners don’t participate in 40 hours per week of programming for their entire sentence. More realistic accumulation:
A person serving 60 months participates in:
- GED program: 6 months
- RDAP: 12 months
- Vocational training: 8 months
- Job skills courses: 4 months
- Work assignment: 18 months
- Total: 48 months of qualifying participation
If assessed minimum risk:
- 48 months = 1,460 days
- 1,460 ÷ 2 = 730 days of credits
- 730 days = 24 months early release potential
Combined with 15% good conduct time (9 months on 60-month sentence), they serve approximately 27 months in prison before transfer to prerelease custody.
PATTERN Risk Assessment Tool
The Prisoner Assessment Tool Targeting Estimated Risk and Needs (PATTERN) determines your FSA eligibility. Understanding how PATTERN works helps you know your likely classification.
What PATTERN evaluates:
The assessment uses an algorithm that weighs multiple factors:
Static factors (cannot change):
- Age at time of current offense
- Criminal history points
- Prior violent convictions
- Prior felony convictions
- Number of prior arrests
- Time served on prior sentences
Dynamic factors (can improve):
- Education level
- Substance abuse history and treatment
- Prison disciplinary history
- Program participation
- Work assignment performance
- Time served on current sentence
How often PATTERN is conducted:
You receive an initial PATTERN assessment within your first year in custody. Reassessments occur annually. Your score can improve over time as you age, complete programs, and maintain clear conduct.
Improving your PATTERN score:
Focus on factors you can control:
- Complete GED if you lack high school education
- Participate in substance abuse treatment
- Maintain clear disciplinary record
- Engage in evidence-based programs
- Accept work assignments and perform well
- Demonstrate rehabilitation efforts
As explained in the federal prison mitigation guide, documented program participation and clear conduct benefit both FSA eligibility and other aspects of your sentence.
First Step Act Credits and Halfway House
FSA time credits can be applied toward earlier transfer to a halfway house (Residential Reentry Center). This provides significant benefits as halfway house allows you to work, earn money, and reconnect with family while completing your sentence.
How FSA credits affect halfway house placement:
Standard BOP policy allows:
- Up to 12 months of halfway house time, or
- 10% of your sentence (whichever is less)
FSA credits allow earlier transfer:
- Your earned credits reduce time in prison
- Credits are applied toward prerelease custody
- You transfer to halfway house when credits kick in
Example:
A person serving 48 months earns 12 months of FSA credits. Normal timeline:
- Serve 41 months (less 15% good time)
- Transfer to halfway house at 36-37 months
- Serve 4-5 months in halfway house
With FSA credits:
- Serve 29 months in prison
- Transfer to halfway house at 29 months
- Serve 12 months in halfway house
- Total custody: 41 months (same as without FSA)
The difference is spending 12 fewer months in prison and 7-8 more months in halfway house where you have significantly more freedom.
First Step Act Credits and Home Confinement
The BOP can apply FSA credits toward home confinement instead of halfway house placement. Home confinement allows you to serve the remainder of your sentence at your residence under electronic monitoring.
How home confinement works with FSA:
When you’ve earned sufficient credits and meet all requirements:
- BOP evaluates your home confinement eligibility
- Approved residence is verified
- Electronic monitoring is arranged
- You’re released to home confinement from prison
Home confinement requirements:
- Stable residence with approved occupants
- Working phone line for monitoring
- Employment or job search plan
- Compliance with all conditions
- No prior home confinement violations
Benefits of home confinement:
- Live at home with family
- Work full-time employment
- Attend necessary appointments
- Maintain relationships
- Gradually reintegrate into community
Home confinement is less restrictive than halfway house but still involves significant monitoring. You may wear an ankle monitor, have a curfew, and must obtain approval for all movements.
Tracking Your First Step Act Time Credits
The Bureau of Prisons tracks your FSA credits automatically, but you should monitor your participation and credits to ensure accurate accounting.
How to check your credits:
Through your case manager: Request a printout of your FSA credit calculation quarterly. This shows:
- Programs you’ve completed
- Hours credited for each program
- Total credits earned
- Current risk level
- Projected credit application date
TRULINCS system: Some institutions provide FSA credit information through the inmate email system. Check announcements and resources.
Annual notifications: The BOP provides annual updates on your PATTERN risk level and FSA credit status.
What to verify:
Check that the BOP credited you for:
- All completed programs
- Accurate hours for each program
- Work assignments if applicable
- Productive activities participation
If credits are missing:
Submit a request to your case manager documenting:
- Which program or activity wasn’t credited
- Dates of participation
- Completion certificates or documentation
- Number of hours that should be credited
The BOP can make corrections if you provide documentation of uncredited participation.
First Step Act vs RDAP: Best Strategy for Early Release
Both First Step Act credits and RDAP offer significant sentence reductions. Understanding how they compare helps you choose the best strategy for your situation.
RDAP benefits:
- Up to 12 months sentence reduction
- Up to 6 additional months halfway house
- Total benefit: Up to 18 months
- Available to inmates with substance abuse history
- No offense exclusions except sex crimes
FSA benefits:
- Earn 10-15 days per 30 days of programming
- Potential 12-24+ months of credits
- Applied toward prerelease custody
- Available to most federal inmates
- Multiple programs qualify
Which is better:
Choose RDAP if:
- You have documented substance abuse disorder
- You’re serving 24+ months
- Your offense excludes FSA credits
- You want maximum halfway house time
Choose FSA if:
- You don’t have substance abuse history
- You’re serving a longer sentence where FSA accumulates significantly
- You want to participate in multiple programs
- Your offense makes you ineligible for RDAP
Use both programs:
Many prisoners participate in both. RDAP is itself an FSA-qualifying program. You earn FSA credits while completing RDAP and receive the separate 12-month RDAP reduction.
As detailed in the RDAP program guide, combining both programs can reduce a 60-month sentence to approximately one year in prison with 18 months prerelease custody.
First Step Act Implementation Issues and Solutions
The First Step Act’s implementation has faced challenges. Understanding common issues helps you navigate problems and advocate for proper credit calculation.
Common implementation problems:
Inconsistent credit calculations across facilities: Some institutions apply credits more generously than others. What qualifies as a productive activity at one facility may not count at another.
Delays in PATTERN assessments: Many inmates experience delays in receiving initial PATTERN assessments, which delays credit eligibility determination.
Limited program availability: The BOP hasn’t expanded programming sufficiently to meet demand. Many facilities have wait lists for FSA-qualifying programs.
Credits not properly tracked: Administrative errors sometimes result in programs not being credited properly or hours being undercounted.
Restrictive interpretation of eligibility: The BOP initially excluded medium and high-risk inmates from earning credits, which many advocates argue exceeds the law’s restrictions.
Solutions for common problems:
Document everything: Keep your own records of program participation, completion certificates, and hours. If the BOP’s records are wrong, your documentation supports corrections.
Request PATTERN assessment: If you haven’t received an assessment within 12 months of custody, submit written requests to your case manager and unit manager requesting completion.
Appeal PATTERN results: If you believe your risk assessment is inaccurate, you can request review and provide documentation supporting a lower classification.
Advocate for program access: Submit requests for specific programs. Document when you’re placed on wait lists. Persistent, respectful advocacy sometimes gets you into programs faster.
Join legal challenges: Several lawsuits challenge the BOP’s restrictive FSA implementation. Your attorney can advise whether joining class action litigation is appropriate.
The First Step Act remains a work in progress. Implementation continues to evolve as courts clarify requirements and the BOP adjusts policies.
Ready to maximize your time credits and prepare for early release? Visit White Collar Advice to work with professionals who understand federal prison programs and can help you develop a comprehensive strategy for the shortest possible sentence.
Thank you,
Justin Paperny
