First Step Act
Earned time credits. Clear records. Informed release planning.
Joseph De Gregorio · Sentencing Advocacy Group
The First Step Act of 2018 includes sentencing and prison reforms. This guide focuses on earned time credits: how eligible people can earn credits through qualifying participation and have them applied toward prerelease custody or an earlier start to supervised release. Eligibility, earning credits, and applying credits are separate questions.
How credits are earned
Under 18 U.S.C. § 3632(d)(4), eligible individuals earn 10 days of credit for each 30 days of successful participation in assigned evidence-based recidivism reduction programs or productive activities. An additional 5 days is available when the statutory minimum- or low-risk assessment requirements are met.
Credits are tied to qualifying participation days. Completing several courses at the same time does not multiply the daily credit rate. A privately created course, mentoring activity, certificate, or release plan does not automatically earn credits; BOP must recognize qualifying participation under the applicable requirements.
Who qualifies?
Start with the actual statutes of conviction and the exclusions in § 3632(d)(4)(D). Descriptions such as “white collar,” “nonviolent,” or “first offense” do not establish eligibility by themselves. Review the entire judgment and BOP’s eligibility determination.
Earning credits does not necessarily mean they can immediately be applied. A final order of removal bars application under § 3632(d)(4)(E). Risk assessments and the transfer requirements in § 3624(g) also matter. Ask counsel to review a disputed exclusion or legal interpretation.
September 30, 2026 rule update
BOP removed the regulation’s requirement that credit earning wait until arrival at the designated facility. The revised rule ties the start to commencement of the term of imprisonment. This may include time in custody awaiting transportation after the federal sentence begins. Qualifying assigned programming or productive activity remains necessary; sentencing alone does not automatically generate credits.
The same rule clarifies eligibility for certain foreign-sentenced individuals transferred to U.S. custody when the U.S. Parole Commission determines an equivalent U.S. Code sentence. Older summaries may not reflect these changes. Read the published rule and effective date →
How credits can be applied
Prerelease custody: qualifying credits can support transfer to a residential reentry center or home confinement. Section 3624(g) generally requires minimum or low risk on the last two reassessments for this route, or approval of a petition by the warden based on specified findings. Other statutory conditions also apply.
Earlier supervised release: where the sentence includes supervised release, BOP may advance its start by no more than 12 months using credits. The minimum- or low-risk requirement for this route refers to the last reassessment. Credits do not simply erase the court-ordered supervision term.
Halfway-house placement and BOP home confinement remain custody. They are different from supervised release. First Step Act prerelease custody has its own statutory authority; the ordinary Second Chance Act time limits are not the limits for this route.
Keep good conduct time separate
Good conduct time under § 3624(b) is a different calculation. Qualifying individuals serving more than one year, other than life, may receive up to 54 days per year of the sentence imposed, subject to statutory requirements. Do not treat good conduct time, First Step Act credits, RDAP, and community placement as interchangeable deductions.
A practical record review
Obtain the current sentence computation and First Step Act credit assessment.
Identify the sentence-commencement date and any disputed participation period.
Compare assigned programming with attendance, completion, and participation records.
Review dated PATTERN assessments, assessed needs, and any credit loss or restoration.
Separate credits already earned from projected future credits.
Confirm housing approval, release planning, and the proposed placement route.
Keep written requests and responses; discuss unresolved legal issues and administrative remedies with counsel.
Common questions
Does a low PATTERN score guarantee release? No. It addresses one part of eligibility; the credit balance, remaining sentence, statutory conditions, and placement process must also be reviewed.
Can First Step Act and Second Chance Act provisions work together? Yes, when applicable requirements are satisfied. They are separate authorities, not a universal formula. Read the Second Chance Act guide →
Prepare for the next decision
Sentencing Advocacy Group helps clients organize participation records, document reentry readiness, and prepare clear, accurate communications. BOP makes credit and placement determinations; counsel handles legal challenges.
Early Release & Reentry Planning → · For Attorneys →
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Read the complete Acts
Read the Complete First Step Act — Official Government PDF
First Step Act of 2018 · Public Law 115–391 · Enacted December 21, 2018.
Read the Complete Second Chance Act — Official Government PDF
Second Chance Act of 2007 · Public Law 110–199 · Enacted April 9, 2008.
These official U.S. Government Publishing Office PDFs contain the complete laws as originally enacted. Later amendments and implementing rules also matter; Title V of the First Step Act includes the 2018 Second Chance Act reauthorization. See the statutory and regulatory sources below for the provisions discussed in this guide.
Official sources
18 U.S.C. § 3632: earned time credits and exclusions
18 U.S.C. § 3624: credit application and release
2026 First Step Act Time Credits—Revisions
Reviewed October 3, 2026. General educational information, not legal advice or an individual release calculation. Sentencing Advocacy Group is not a law firm. No release date or placement is guaranteed.