Qualifying for FSA prerelease custody: the § 3624(g) gates
Earning credits is only half the system — using them requires the § 3624(g) gates: credits equal to the remainder of the term, and a qualifying PATTERN risk level. For halfway house or home confinement: minimum or low risk on the last two reassessments — or, failing that, a petition the warden can approve after finding the person is not a public-safety risk. For early transfer to supervised release: minimum or low on the last reassessment, plus a supervised-release term in the sentence — with no warden override.
Reviewed against 18 U.S.C. § 3624(g) and 28 C.F.R. § 523.44. Last updated .
What exactly does § 3624(g) require?
| Requirement | Halfway house / home confinement | Early supervised release |
|---|---|---|
| Credits ≥ remainder of the term | Yes | Yes (the capped 365 days) |
| PATTERN minimum or low | Last two reassessments | Last reassessment |
| Warden-approval fallback | Yes — § 3624(g)(1)(D)(i)(II) petition | No |
| Supervised-release term in sentence | — | Required |
The warden-approval path matters for people stuck at medium risk: on petition, the warden can approve prerelease placement anyway after determining the person would not be a danger, has made a good-faith effort to lower their risk, and is unlikely to recidivate. It is discretionary — which makes a clean record and documented programming the strongest argument — but it exists, and families should know to ask the Unit Team about it by name.
How does this play out on the timeline?
PATTERN reassessments happen at regular program reviews — roughly every six months, more often in the final stretch — so 'last two reassessments' is about a year of sustained minimum/low risk before the prerelease window opens. A risk bump late in the sentence is the classic way a projected halfway-house date evaporates: the credits are still there, but the gate closed. See how to lower a PATTERN score and why release dates change.
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My person is medium risk with hundreds of credits. Are they useless?
Not permanently. Credits keep being earned at 10 days per 30 regardless of risk level, and they become usable when the risk level drops to minimum/low for the required assessments — or via the warden-approval petition for prerelease custody. What medium risk blocks is application, not earning.
What does 'credits equal to the remainder' mean?
The prerelease window opens when accumulated applied credits match the time left to the statutory release date — from that point the person can serve the remainder in a halfway house or on home confinement. It is why the window opens late in the sentence rather than at the start.
Can the warden also override for early supervised release?
No. The warden-approval fallback in § 3624(g)(1)(D)(i)(II) applies only to prerelease custody. The supervised-release transfer requires minimum or low on the most recent reassessment, full stop.
Primary sources
Everything on this page is drawn from the statutes, regulations, and BOP program statements below — read them directly:
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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.