How Does the First Step Act Change My Time in Federal Prison?

By Joseph De Gregorio, Sentencing Advocacy Group
Updated September 19, 2026

Understanding First Step Act time credits starts with a practical distinction: leaving a prison facility, moving to home confinement, and beginning supervised release are different events. A useful release plan identifies which event a projected date represents and the requirements that apply.

How does the First Step Act affect time in federal prison?

Eligible people can earn FSA time credits through successful participation in qualifying programs and productive activities. Those credits can support earlier transfer to prerelease custody or an earlier start to supervised release when the application requirements are met. Earning credits does not itself change the sentence imposed by the judge.

This guide focuses on earned time credits. For the broader picture, read our guide to federal early-release options.

How many FSA credits can you earn?

The statutory base rate is 10 days of credit for each 30 days of successful participation. A person assessed at minimum or low recidivism risk who has not increased that risk over two consecutive assessments can earn an additional five days, for a total of 15. See 18 U.S.C. § 3632(d)(4).

For illustration, 90 qualifying participation days at the 10-day rate produce 30 credit days; at the 15-day rate, they produce 45. These examples illustrate credit accrual, not a promised transfer date. Whether credits can be applied requires a separate review.

Does every class or mentoring hour earn extra credits?

No. FSA credits use a participation-day framework, not a separate credit award for every course, teaching assignment, or mentoring hour. Taking several activities on the same day does not multiply that day into several credit-earning days.

Confirm with the unit team which programs and productive activities are assigned and qualifying. Before relying on a privately developed course, volunteer role, or mentoring arrangement for credits, obtain confirmation that BOP recognizes it as a qualifying assignment. BOP explains qualifying assignments and participation in its First Step Act FAQs.

Who is eligible to earn and apply FSA credits?

Earning and applying credits are separate questions. Certain convictions are excluded under § 3632(d)(4)(D). Eligibility must be checked against the actual conviction, not a broad label such as “white collar.” A final immigration removal order also prevents application under § 3632(d)(4)(E).

Do not assume that a minimum or low PATTERN score overrides an excluded conviction. Likewise, a record showing earned credits does not establish that every condition for transfer has been met.

Can someone with a medium or high PATTERN score use credits?

A medium or high score is not an absolute bar to every FSA prerelease transfer. The statute provides a warden-approved petition route with specific findings; it is not automatic.

For prerelease custody, 18 U.S.C. § 3624(g) provides a last-two-reassessments minimum/low route or a warden-approved petition route addressing danger, good-faith efforts to lower risk, and likelihood of recidivism. Earlier supervised release has a separate last-reassessment minimum/low requirement. Other statutory conditions also apply, including sufficient credits relative to the remaining term.

Review the actual assessments and their dates. Counsel can evaluate whether a petition or challenge fits the individual's circumstances.

Are FSA credits the same as good conduct time?

No. Good conduct time and FSA earned time credits have different rules and functions.

Under § 3624(b), eligible people serving more than one year, other than life, may receive up to 54 days of good conduct time per year of the imposed sentence, subject to applicable requirements. The full allowance is not unconditional.

Use BOP's sentence computation to establish the applicable release calculation, then identify how FSA credits have been earned and applied. A percentage estimate is not a substitute for that record. Avoid counting an adjustment twice when it is already included in a displayed date.

Does the 12-month limit cap all FSA benefits?

No. The limit of up to 12 months concerns starting a court-imposed term of supervised release earlier. It is not a universal cap on earned credits or FSA prerelease custody.

Home confinement and a residential reentry center are forms of prerelease custody. They are distinct from supervised release. See § 3624(g)(2), (3), and (10). Confirm which authority and destination support a proposed transfer rather than describing every move as the end of the sentence.

What changes on September 30, 2026?

BOP published a rule on August 31, 2026, with an effective date of September 30, 2026. It removes the regulation’s designated-facility-arrival restriction on when eligible people may begin earning credits after their sentence commences. It also addresses qualifying foreign-sentence transfers. As of this guide’s September 19 review, that effective date is still ahead.

The change does not promise automatic credits from sentencing: qualifying participation remains necessary. Counsel should review the sentence commencement date, custody history, participation, and applicable decisions for a disputed period. See the published BOP rule and effective date.

What should you check in your FSA records?

Begin release planning with records you can verify. Organize a working file with:

• The judgment and current sentence computation.

• The FSA credit assessment, including earned and applied amounts.

• PATTERN assessments and dates.

• Program assignments and available participation records.

• Any written explanation of exclusions, interruptions, or lost credits.

• The proposed release address and supporting reentry information requested by staff.

For a discrepancy, identify the exact entry, relevant dates, and supporting record. Ask for a written explanation. If the issue remains unresolved, discuss the appropriate administrative process and any legal challenge with counsel. Do not treat an estimate from a consultant as an official BOP release determination.

How can Sentencing Advocacy Group help with release planning?

Joseph De Gregorio has been retained in more than 500 federal cases. SAG's approach emphasizes organized documentation, preparation, and collaboration with defense counsel. A useful consultation begins with the actual records and a clear question: what has been earned, what has been applied, and what still needs to be resolved?

For preparation before sentencing, see our PSR interview guide, which draws on Joseph's nine-page Summer 2026 ABA Criminal Justice feature. Explore his published work or read the Federal Prison Survival Guide.

Discuss your federal release plan with Joseph. Call 646-588-8182.

This guide provides general educational information. Eligibility, credit calculations, and legal remedies require review of the individual's records and applicable law. No particular release date is guaranteed.