What Are First Step Act Time Credits?
Share CaseSteps
Shares a link to this page and a short general description. Nothing about you is included.
Link shared: https://casesteps.org/resources/federal/first-step-act-time-credits
Short answer
First Step Act Time Credits are separate from good-conduct time. They may be earned through successful participation in qualifying programs and productive activities assigned by the Bureau of Prisons. Earning is not automatic, does not apply to everyone, and eligibility is determined by the Bureau of Prisons rather than by the court. Policy in this area has changed over time. CaseSteps does not calculate credits, predict application of credits, or determine whether anyone qualifies.
Attorney review pending. This is general education, not legal advice.
Plain-English overview
First Step Act Time Credits are separate from good-conduct time. Eligible individuals can earn credits through successful participation in evidence-based recidivism-reduction programs and productive activities assigned through the Bureau of Prisons’ risk-and-needs assessment system.
The general earning rate is 10 days of credit for every 30 days of successful qualifying participation. An eligible person assessed at minimum or low risk may earn an additional five days for every 30 days after satisfying the applicable risk-assessment requirements.
This is why people sometimes refer to earning ‘15 days a month.’ It is not automatic, it does not apply to everyone, and it is not the same as good-conduct time.
Why this matters
Depending on eligibility and other legal requirements, earned credits may be applied toward prerelease custody—such as a residential reentry center or home confinement—or toward an earlier transfer to supervised release. The credits do not erase the sentence and do not guarantee immediate release.
Important eligibility notice
- Some convictions are statutorily disqualifying.
- Credits require successful qualifying participation.
- Risk assessments can affect the earning rate and application.
- Earning credits and applying credits are not the same decision.
- BOP determines official credit calculations and application.
- CaseSteps must not predict whether a particular person qualifies.
Dated rule change — checked September 6, 2026
Through September 29, 2026, the existing version of 28 C.F.R. § 523.42(a) remains the currently effective regulatory text. It ties the start of First Step Act Time Credit earning to the date the person arrives, or voluntarily surrenders, at the designated Bureau of Prisons facility.
Effective September 30, 2026, revised § 523.42(a) states: “An eligible inmate begins earning FSA Time Credits after the inmate’s term of imprisonment commences.” The amendment removes the language that tied commencement to arrival or voluntary surrender at the designated Bureau facility.
This does not mean credits begin automatically merely because a sentence was imposed. The person must still be eligible and must successfully complete assigned, approved evidence-based recidivism-reduction programming or productive activities. The change does not promise retroactive credits and does not establish any individual release, placement or transition date. Implementation guidance and practices may change. Check the current regulation and current Bureau of Prisons guidance.
The same rule revises 28 C.F.R. § 523.44(a)(3). It states that the paragraph does not bar application of First Step Act Time Credits for a person serving a sentence imposed in a foreign country when the U.S. Parole Commission has determined an equivalent U.S. Code sentence under 18 U.S.C. § 4106A.
The document is an interim final rule and request for comments, published August 31, 2026 at 91 FR 55740, effective September 30, 2026. Comments are accepted through September 30, 2026. The Bureau invoked the Administrative Procedure Act’s good-cause provisions rather than using prior notice and comment.
This page describes a regulation that changes on September 30, 2026. Confirm the current regulation and Bureau of Prisons guidance before relying on it.
Time spent in detention before the federal sentence begins is different and should not be represented as automatically credit-earning.
Questions to discuss with counsel or appropriate BOP staff
- Is the conviction eligible for First Step Act Time Credits?
- When did the federal term of imprisonment commence?
- Has a risk-and-needs assessment been completed?
- Which programs or productive activities are assigned?
- Is participation being recorded correctly?
- How many credits have been earned?
- How many credits have been applied?
- Are credits being applied toward prerelease custody or supervised release?
- Is the September 30, 2026 rule change relevant?
Official sources
Continue to Release and Reentry
Prerelease placement and supervised release are separate processes with separate decision-makers.
This is general federal legal education, not legal advice. Procedures and outcomes depend on the facts, the controlling law, court orders and local practices. Confirm deadlines and decisions with qualified counsel.
Was this page helpful?
Share CaseSteps
Shares a link to this page and a short general description. Nothing about you is included.
Link shared: https://casesteps.org/resources/federal/first-step-act-time-credits
Browse Related Questions
- How does federal good-conduct time work?Federal · Time and credits · about 2 min read
- What Is the Difference Between Good-Conduct Time, First Step Act Time Credits, the Second Chance Act, and RDAP?Federal · Custody transition · about 6 min read
- How do the Second Chance Act, RRC placement, and home confinement work?Federal · Release and reentry · about 6 min read
More federal foundations
- What Is the Difference Between a PSI and a PSR?After a guilty plea or verdict • Before sentencing
- What Is the Role of the Federal Probation Officer Before Sentencing?Presentence investigation
- Why is reviewing my federal PSR important?PSR review • Before sentencing
- How Does Federal Good-Conduct Time Work?Sentenced • Federal custody
- Understanding a Federal Plea AgreementPlea discussions • Before a change-of-plea hearing
- What Happens at a Federal Change-of-Plea Hearing?Change-of-plea hearing
- How Does Federal Sentencing Work?Sentencing
- What Happens at a Federal Sentencing Hearing?Sentencing
- What Happens After Federal Sentencing?After sentencing • Designation and transfer
- What Is the Difference Between Good-Conduct Time, First Step Act Time Credits, the Second Chance Act, and RDAP?Federal custody • Sentence computation topics
- How Do the Second Chance Act, RRC Placement, and Home Confinement Work?Federal custody • Preparing for release
- What Is Federal Supervised Release?Release and reentry • Community supervision
- Does Everyone Automatically Get 15% Off a Federal Sentence?Custody transition • Time and credits
- How Does Someone Earn 10 Days Versus 15 Days of First Step Act Time Credits?Time and credits
- When Can First Step Act Credits Begin—During Detention, After Sentencing, or After Arrival at a BOP Facility?Custody transition • Time and credits
- Who Is Eligible to Earn First Step Act Time Credits?Time and credits
- What Is a PATTERN Risk Score, and Why Does It Matter?Time and credits
- What Is the Difference Between Earning First Step Act Credits and Having Them Applied?Time and credits
- Why Can the BOP Release Date Differ From a First Step Act or Conditional Release Date?Release and reentry
- Does the Second Chance Act Guarantee 12 Months in a Residential Reentry Center?Release and reentry
- What Can Someone Do if Their First Step Act Credit Record Appears Incorrect?Time and credits
- Does First Step Act Eligibility Depend on the Conviction, the PSR, or Relevant Conduct?Time and credits
- What Can Someone Do if Their PATTERN Assessment Appears Incorrect?Time and credits
- Which Programs, Classes, Jobs, and Productive Activities Count Toward First Step Act Credits?Time and credits
- What Happens if a Qualifying Program Has a Waiting List or Is Canceled?Time and credits
- What Is the Difference Between an Excused Absence, Opting Out, and Refusing a Program?Time and credits
- Can SHU Placement, Hospitalization, a Writ, or a Transfer Affect Credit Earning?Time and credits
- Can Earned First Step Act Credits Be Lost or Restored?Time and credits
- Can Someone Continue Earning First Step Act Credits in an RRC or on Home Confinement?Release and reentry
- When Does a Federal Sentence Officially Begin?Post-sentencing • Custody transition
- Does Time Spent in Jail Before or After Sentencing Count Toward a Federal Sentence?Post-sentencing • Custody transition
- How Does the Bureau of Prisons Decide Which Federal Facility Someone Will Be Sent To?Post-sentencing • Custody transition
- Can a Federal Judge Recommend a Particular Prison, and Must the Bureau of Prisons Follow It?Sentencing • Post-sentencing
- Why Can Someone Remain in a Detention Center After Sentencing, and How Do Designation and Transfer Work?Post-sentencing • Custody transition
- How Can Federal and State Custody, Writs and Concurrent or Consecutive Sentences Affect When a Federal Sentence Begins?Post-sentencing • Custody transition
- What Is a Detainer, and How Can It Affect Designation, Transfer or First Step Act Time Credits?Custody transition • Time and credits
- How Can Someone Review a Bureau of Prisons Sentence Computation and Raise a Possible Error?Post-sentencing • Time and credits
- How Does the Bureau of Prisons Decide the Length and Timing of Residential Reentry Center Placement?Release and reentry
- Who Decides Home Confinement, and Can a Federal Judge Order It?Release and reentry
- Do Earned First Step Act Time Credits Guarantee Placement in an RRC or Home Confinement?In custody • Time and credits
- How Can First Step Act Time Credits Be Applied Toward Early Transfer to Supervised Release?In custody • Time and credits
- Do Unused First Step Act Time Credits Shorten Supervised Release After Supervision Begins?Supervised release
- What Is RDAP, and How Is Its Early-Release Benefit Different from Time Credits and Good-Conduct Time?In custody • Programming
- Can Federal Supervised Release Be Modified, Terminated Early or Revoked?Supervised release
- What Changed When the Bureau of Prisons Expanded the Use of Minimum-Security Camps?In custody • Awaiting transfer
- Why Might Someone Leaving a Federal Prison Camp Still Have to Wear an Ankle Monitor?Release and reentry