How do First Step Act time credits work?
The First Step Act lets most federal prisoners earn 10 days of time credits for every 30 days of successful participation in recidivism-reduction programs or productive activities, under 18 U.S.C. § 3632(d)(4). People who keep a minimum or low PATTERN risk level over two consecutive assessments earn 15 days per 30 instead. Credits are applied under 18 U.S.C. § 3624(g) toward earlier transfer to supervised release (capped at 365 days) or toward prerelease custody — a halfway house or home confinement — which has no statutory cap.
Reviewed against 18 U.S.C. § 3632, 18 U.S.C. § 3624(g), 28 C.F.R. part 523, subpart E, and BOP Program Statement 5410.01. Last updated .
Who is eligible to earn FSA credits?
Almost everyone in Bureau of Prisons custody can earn credits. The exceptions are people serving a sentence for one of the disqualifying offenses listed in 18 U.S.C. § 3632(d)(4)(D) — roughly 60 categories including most violent offenses, terrorism, sex offenses, and certain drug offenses with specific findings — and people subject to a final order of removal (deportation), who can earn but not apply credits under § 3632(d)(4)(E).
Earning is different from applying. To have credits applied toward release under 18 U.S.C. § 3624(g), a person must also have a minimum or low PATTERN risk level on their most recent assessment (or get warden approval), and must have earned credits equal to the remainder of their sentence.
How fast do credits accrue — 10 or 15 days?
18 U.S.C. § 3632(d)(4)(A) sets two rates. Everyone eligible starts at 10 days of credit per 30 days of successful program participation. A person assessed at minimum or low risk for two consecutive assessments (normally 180 days apart) earns 15 days per 30 — a 50% raise for staying low-risk.
| PATTERN history | Credit rate | Credits per year of programming |
|---|---|---|
| Default (any risk level) | 10 days / 30 days | ~120 days |
| Minimum or low, held for 2 consecutive assessments | 15 days / 30 days | ~180 days |
BOP's implementing rule, 28 C.F.R. § 523.42, awards credits in 30-day increments of successful participation. Under BOP's current auto-enrollment posture, a person in general population who is programming is presumed to be participating — but disciplinary action or refusing assigned programs stops earning.
How do credits actually move a release date?
Credits are applied under 18 U.S.C. § 3624(g) in two ways:
- Early transfer to supervised release — up to 365 days of credits can move the date a person walks out of BOP custody onto supervised release, per § 3624(g)(3). This is the hard statutory cap families hear about.
- Prerelease custody — credits beyond that cap (and credits of people not eligible for the supervised-release transfer) go toward earlier placement in a residential reentry center (halfway house) or home confinement. There is no statutory cap on this application.
Worked example
60-month drug sentence, eligible offense, low PATTERN throughout
- Sentence: 60 months (~1,826 days); Good Conduct Time projects release at ~51 months.
- First ~12 months of programming at 10 days/30 → ~120 credits.
- After two consecutive min/low assessments, rate rises to 15 days/30.
- By the projected GCT release date, total FSA credits comfortably exceed 365.
- 365 credits move the supervised-release transfer ~12 months earlier → out of BOP custody around month 39.
- Remaining credits pull the halfway-house date earlier still.
Why don't the credits show up on the BOP computation?
Credit application problems are one of the most common federal sentence-computation complaints: conditional-placement dates that lag the math, credits earned before the auto-calculation system came online, eligibility flags set wrong, or the 365-day cap applied to prerelease custody where it doesn't belong. If BOP's number doesn't match the statute's math, see what to do when FSA credits aren't applied and the administrative remedy process.
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Open the federal release date calculatorFrequently asked questions
How many First Step Act credits can you earn per year?
About 120 days per year at the default 10-days-per-30 rate, or about 180 days per year at the enhanced 15-days-per-30 rate for people who hold a minimum or low PATTERN risk level across two consecutive assessments (18 U.S.C. § 3632(d)(4)(A)).
Is there a cap on First Step Act credits?
There is no cap on earning. Application toward early transfer to supervised release is capped at 365 days by 18 U.S.C. § 3624(g)(3); credits beyond that apply toward halfway house or home confinement placement, which has no statutory cap.
Do FSA credits stack with Good Conduct Time?
Yes. Good Conduct Time under 18 U.S.C. § 3624(b) (up to 54 days per year of the sentence imposed) and FSA earned time credits under § 3632(d)(4) are separate mechanisms, and both reduce time in prison for eligible people.
Can someone with a detainer earn FSA credits?
A person subject to a final order of removal cannot apply credits (18 U.S.C. § 3632(d)(4)(E)). An immigration detainer alone — without a final removal order — does not bar application under BOP's current guidance, though it commonly blocks halfway-house placement in practice. This distinction is litigated; verify current circuit law.
Who is excluded from First Step Act credits?
People serving a sentence for an offense listed in 18 U.S.C. § 3632(d)(4)(D) — roughly 60 categories including murder, terrorism offenses, most sex offenses, and certain firearm and drug offenses with specific findings. The conviction statute, not the offense conduct, controls.
Primary sources
Everything on this page is drawn from the statutes, regulations, and BOP program statements below — read them directly:
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Estimates, not promises
This page describes federal law and Bureau of Prisons policy in general terms for education. It is not legal advice, it doesn't account for the facts of any individual case, and no attorney–client relationship is created by reading it. The BOP makes all final release-date determinations. Have an attorney review anything before you file it. Built by OutDate, the federal release date calculator.