BOP’s Confusing New First Step Act Time Credit Rules — What They Mean and What You Can Do About It
If your loved one is incarcerated in the federal system, you may have noticed something unsettling: their projected release date has changed — and not for the better.
Families are anxious. Inmates are bewildered. And the Bureau of Prisons (BOP) isn't providing clear answers.
Let's dissect the recent changes to the First Step Act (FSA) Time Credit system, understand their impact, and explore actionable steps you can take.
What Changed Under the First Step Act?
The First Step Act, enacted in 2018, was designed to incentivize incarcerated individuals to participate in evidence-based recidivism reduction (EBRR) programs and productive activities (PAs). In return, eligible inmates could earn time credits (FTCs) that could be applied toward early release to supervised release, home confinement, or placement in a Residential Reentry Center (RRC).United States Sentencing Commission+1Prison Sentence Calculator+1
Eligible inmates can earn:
10 days of FTCs for every 30 days of successful participation in EBRR programs or PAs.
An additional 5 days of FTCs (totaling 15 days) for every 30 days if they are classified as minimum or low risk for recidivism over two consecutive assessments. BOP+1Prison Sentence Calculator+1Justice Action Network+1BOP+1BOP
However, the BOP's implementation of these provisions has been inconsistent, leading to confusion and frustration.
Why Are Release Dates Being Pushed Back?
Here's what's happening:
Delayed Application of Credits: Some inmates who have been diligently participating in programs are seeing their release dates pushed back because the BOP is slow to apply earned FTCs. BOP
Inconsistent Communication: Inmates and their families are receiving conflicting information about eligibility and credit application, leading to uncertainty.
Systemic Issues: The BOP has faced challenges with its automated systems for calculating and applying FTCs, resulting in errors and delays.
In essence, inmates are losing time they rightfully earned, and the lack of transparency exacerbates the issue.
Real Stories We're Hearing:
From families like yours:
"My husband was supposed to go to a halfway house on 4/3/25. Then they gave him 7/7/25. Now the BOP site says 1/1/26. No one will explain why."
"They told me my loved one had enough time credits — but his release date hasn't moved. Every time I ask, I get a different answer."
"She's completed all her programs, but they say they can't 'apply the credits yet' because of the reassessment. What's going on?"
Request the Time Credit Sheet: Your loved one can ask their case manager for their updated FTC sheet to verify that earned credits are accurately recorded.
Document Everything: Maintain a file with program completion certificates, prior release dates, and all correspondence. This documentation can be crucial if discrepancies arise.
Utilize the Administrative Remedy Process: Encourage your loved one to submit BP-8 and BP-9 forms to formally address any issues. This process can prompt a review and correction of errors.
Seek External Assistance: If internal remedies fail, consider consulting with legal professionals or organizations specializing in prison reform for guidance on further actions.
How Granted Pro Se Can Help
At Granted Pro Se, we specialize in creating customized motion templates and administrative filings to assist families in:
Challenging incorrect or delayed FTC applications.
Addressing halfway house denials or delays.
Filing motions under 18 U.S.C. § 3582(c) for sentence reductions based on program participation, medical issues, or family needs.
Drafting clear, respectful internal requests that demand attention.
We are not lawyers. We are experienced professionals who understand the system and know how to advocate effectively.
Final Word
If the BOP has altered your loved one's release date without clear justification, you're not alone, and your concerns are valid.
Don't wait — take action.
If you need assistance crafting a powerful, customized document to support your loved one's early release efforts, we're here to help.
🖋️ Get a motion. Take control. Advocate with precision.
Written by J. Malik Cross
For the families fighting every day for those on the inside.
Sources:
Bureau of Prisons Updates to Phone Call Policies and Time Credit System. BOP.gov
Bureau Of Prisons Announces Updates To First Step Act Calculations. PrisonologyPrisonology
First Step Act Approved Programs Guide. BOP.govBOP+4BOP+4United States Sentencing Commission+4
Bureau of Prisons Should Improve Efforts to Implement its Risk and Needs Assessment System.GAO.govGAO+1United States Sentencing Commission+1