When Can First Step Act Credits Begin—During Detention, After Sentencing, or After Arrival at a BOP Facility?
A dated explanation, because the governing regulation changes on September 30, 2026.
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Short answer
Credits cannot be earned for programs completed during official detention before the federal term of imprisonment begins. Through September 29, 2026, the regulation ties the beginning of earning to arrival or voluntary surrender at the designated BOP facility. Effective September 30, 2026, an interim final rule removes that designated-facility restriction, so an eligible person awaiting transportation after the term has commenced may earn credits for successfully completing qualifying assigned programming. Nothing in the change awards credits automatically.
Attorney review pending. This is general education, not legal advice.
Plain-English overview
This question has a different answer depending on the date, because the Bureau of Prisons published an interim final rule on August 31, 2026 that takes effect on September 30, 2026.
Two things stay the same on both sides of that date. Credits cannot be earned for programming completed during official detention before the federal term of imprisonment begins, and no rule awards credits automatically.
Why this matters
People in detention centers and people awaiting transportation after sentencing are often told flatly that credits can never be earned in those settings. That statement is dated: it describes the regulation in force through September 29, 2026, not the rule that takes effect the following day.
Before the federal sentence begins
First Step Act Time Credits cannot be earned for programs completed during official detention before the term of imprisonment begins.
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.
Once the federal term of imprisonment has commenced, an eligible person awaiting transportation may earn credits for successfully completing qualifying assigned programming or productive activities.
Critical limitation
The new rule does not automatically award credits immediately after sentencing. Eligibility, sentence commencement, assignment, availability, successful participation, risk assessment, and accurate BOP records still matter.
A dated conflict between official sources
As of September 6, 2026, the eCFR current text of 28 C.F.R. § 523.42(a) still states that an eligible inmate begins earning credits after the term of imprisonment commences, described as the date the inmate arrives or voluntarily surrenders at the designated Bureau facility. The eCFR page carries a cross-reference to the amendment published at 91 FR 55740 on August 31, 2026.
The Federal Register document states that it is effective September 30, 2026 and that it clarifies when an inmate can begin to earn time credits. Bureau of Prisons public pages, including the First Step Act FAQ, may continue to describe the earlier practice until they are updated.
CaseSteps shows both, with their dates, rather than choosing one. Which description governs on a particular day is a legal question for qualified counsel.
Why can time in detention count toward a sentence but still not earn First Step Act Time Credits?
Because two different systems are at work. Time in official detention before a federal sentence commences may potentially receive prior-custody credit under 18 U.S.C. § 3585(b), if it falls within that provision and has not already been credited against another sentence. That is a computation the Bureau of Prisons performs.
First Step Act Time Credits are earned separately, by eligible people, for successfully completing assigned qualifying programming or productive activities under 28 C.F.R. part 523, subpart E. Credits cannot be earned for programming completed during official detention before the federal term of imprisonment begins.
So the same period can potentially count toward the sentence and still earn no credits. Counting toward a sentence and earning credits are not the same thing, and neither one is good-conduct time under 18 U.S.C. § 3624(b). CaseSteps does not calculate any of them. Source checked September 6, 2026 against the official U.S. Code text of §§ 3585 and 3624 and the current eCFR text of 28 C.F.R. part 523, subpart E.
Why this question causes confusion
“Sentenced,” “term of imprisonment commenced,” “designated,” and “arrived” describe four different moments. A person can be sentenced, and even designated, without the conditions for earning credits being satisfied.
Detention facilities, county jails holding federal detainees, and BOP institutions also differ in what programming is assigned and available, which affects whether anything can be recorded as successful participation.
What can change the answer
- The date in question, because the regulation changes on September 30, 2026.
- Whether the federal term of imprisonment has commenced.
- Whether the person is eligible to earn credits.
- Whether qualifying programming or productive activities were assigned and available.
- Whether participation is recorded as successfully completed.
- How the Bureau of Prisons implements the new rule in practice.
Records to locate
- The judgment and commitment order.
- The sentence computation showing when the term of imprisonment commenced.
- The current FSA Time Credit Assessment.
- Records of any assigned programming or productive activity at the current facility.
- Do not upload any of these records to CaseSteps. Nothing here accepts files.
Questions for the unit team
- What date does the computation show for commencement of the term of imprisonment?
- What qualifying programming or productive activities are assigned to me here?
- Which participation periods are being recorded?
- How is this facility applying the rule that takes effect September 30, 2026?
- What document explains the current calculation?
What CaseSteps cannot do
CaseSteps does not calculate credits, good-conduct time, a release date, a PATTERN score or a placement date.
CaseSteps does not decide whether anyone is eligible, and does not predict what the Bureau of Prisons will do.
The Bureau of Prisons controls official sentence computation, credit records and placement decisions. Individual questions belong with the unit team and with qualified counsel.
Questions to discuss with counsel
- In general terms, when does a federal term of imprisonment commence?
- How does the rule effective September 30, 2026 differ from the earlier regulation?
- What records would show whether participation is being recorded here?
- Is this a Bureau of Prisons matter, a court matter, or both?
- Is there an administrative-review process if the record appears incorrect?
Official sources
- Federal Register — First Step Act Time Credits: Revisions, interim final rule published August 31, 2026, effective September 30, 2026
- 28 C.F.R. § 523.42 — Earning First Step Act Time Credits
- 28 C.F.R. § 523.41 — Definitions (FSA Time Credits)
- 18 U.S.C. § 3585 — Calculation of a term of imprisonment (readable version from the Legal Information Institute, Cornell Law School — a nonprofit legal-information publisher, not a government website)
- 18 U.S.C. § 3632 — Development of risk and needs assessment system (readable version from the Legal Information Institute, Cornell Law School — a nonprofit legal-information publisher, not a government website)
- Bureau of Prisons — First Step Act FAQ
- Bureau of Prisons — First Step Act information
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.
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