How Does The Second Chance Act Work?
Let’s take a 360 month sentence, for example. Let’s also say this person does not qualify for benefits via the First Step Act (FSA).
In most cases, you will still qualify for benefits from the SCA, even if you don’t qualify for the FSA.
The SCA was passed in 2008 and signed into law by George W. Bush. The benefits you get are extremely specific and rigid.
According to the law, you are entitled to spend 10% of your sentence or one year, whichever is lesser, at a Halfway House or in home confinement, at the halfway house’s discretion. So, this example inmate with a 360 month sentence will only get one year in community confinement.
To be clear, this is not on the BOP or the federal prison system – this was specifically articulated by Congress when drafting the Second Chance Act as written.
For those who do qualify for FSA, this term of community confinement should stack with those benefits as well. While some prisons and administrators are claiming they are unable to make this math work based on “dated systems,” it is yet to be seen if Billy Marshall’s administration of the BOP has what it takes to make this enforceable across the board, regardless of personal agendas or excuses by prison staff.