Federal Prison Director Marshall Issues New Guidance to BOP Staff
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Washington DC May 28, 2025. The Director of the embattled Federal Bureau of Prisons, William “Billy” Marshall III issued system wide guidance today that outlines a reinvestment into interpreting the First Step Act (PL 115-391) as it is written.
After wild speculation and even wilder actions by the Trump administration, under new guidance issued on Wednesday by Marshall, BOP staff must (among other things) honor the “Conditional dates” for both FSA and SCA, not one or the other but both. In fact, the guidance uses the word “must” rather than shall or should so there is absolutely no confusion.
On September 4, 2024 the BOP added “conditional” dates to the FSA Time Credit Assessment sheets sending the BOP inmate population into a frenzy. They quickly rescinded those dates and on October 5, 2025 they issues new guidance reverting back to the original dates. In a complete about face on Wednesday May 28, 2025 BOP Director Marshall has said the BOP MUST observe those dates. The complete text of the memo is below and it is linked here to the official bop website.
WASHINGTON, DC – The Federal Bureau of Prisons (BOP or Bureau) has announced new
guidance from Director William K. Marshall III directing staff to expand the use of home
confinement for eligible individuals under the First Step Act (FSA) and Second Chance Act
(SCA). The directive is rooted in the principle of smart, fair criminal justice reform—reform that
began when President Donald J. Trump disrupted entrenched political paralysis and signed the
FSA into law, delivering the most significant overhaul to the federal justice system in a
generation.
This latest policy reinforces the Bureau’s responsibility to uphold the law and ensure that eligible
incarcerated individuals—particularly those who do not require transitional services at
Residential Reentry Centers (RRCs)—are transferred to home confinement as soon as statutorily
possible. This approach not only honors the bipartisan vision behind the FSA but also reflects the
commitment to give second chances to those who have paid their debt and are ready to safely
return to their communities.
“President Trump said he would fight for the forgotten men and women of this country, and the
First Step Act proved he meant it,” said Director Marshall. “Now, we are ensuring that this
reform continues to work—not just as a policy, but as a promise to Americans seeking
redemption and a path forward.”
The new directive outlines the following expectations for staff:
- Home confinement is a priority for individuals who are eligible and do not require the
structured support of an RRC. RRC placement will be reserved for those with the greatest
need. - Use of Conditional Placement Dates: Unit Teams must use FSA and SCA Conditional
Placement Dates—based on projected Earned Time Credits (FTCs) expected to earn—to
guide prerelease planning and ensure accurate and timely referrals. - Clarification of Statutory Authority: Staff must distinguish between FSA and SCA
eligibility criteria, applying time credits appropriately and understanding the limits of
each statute, particularly when determining duration of prerelease custody. There is no
restriction concerning how many FTCs may be applied toward home confinement. - Individualized Referral Process: Decisions will be based on each person’s needs,
support systems and readiness for reintegration.
This directive builds on the success of the First Step Act, which has helped individuals return to
their communities with a recidivism rate significantly lower than the national average. It
recognizes that real lives have been changed and communities made safer—proof that smart
reform and public safety can go hand-in-hand.
The Bureau remains committed to the rule of law and the fair treatment of all individuals in its
custody. As President Trump has shown in both word and action, second chances are not just
possible—they are necessary for a justice system worthy of the American people.
This directive is a critical step toward continuing that legacy. In President Trump’s second term,
the promise of reform will not only be preserved—it will be completed.
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