How Do First Step Act (FSA) Earned Time Credits Work?
By Jeff Grant
The First Step Act of 2018 created a system of Earned Time Credits (ETCs) that allow federal prisoners to earn time toward early release or home confinement by participating in approved programming and productive activities.
How ETCs Are Earned
Eligible prisoners earn 10 days of ETCs for every 30 days of successful participation in Evidence-Based Recidivism Reduction (EBRR) programs or Productive Activities (PAs). Prisoners assessed as low or minimum risk of recidivism earn 15 days per 30 days of participation.
How ETCs Can Be Applied
ETCs can be applied in two ways:
- Early transfer to supervised release: ETCs can be applied to reduce the amount of time served before release to supervised release (probation).
- Prerelease custody: ETCs can be applied toward placement in a Residential Reentry Center (halfway house) or home confinement.
Who Is Eligible
Most federal prisoners are eligible for ETCs, but certain offense categories are excluded, including sex offenders, those convicted of terrorism-related offenses, and certain immigration offenses. Prisoners must be assessed using the PATTERN risk assessment tool.
Important Notes
The BOP's implementation of FSA ETCs has been inconsistent and has been the subject of litigation. Many prisoners have had difficulty getting their credits properly calculated and applied. If you believe your credits are not being properly credited, you should raise the issue through the BOP administrative remedy process and consult with counsel.
This is for informational purposes only and does not constitute legal advice. Consult an attorney about your individual situation.
