BOP Listed Out Dates Change. What’s The Deal?
We got this comment, or rather, question, on our TikTok comments earlier this week.
It’s common knowledge to those who’ve had the Federal Prison system affect their life or family member’s life, but worth reiterating to those who are new to the system. The First Step Act allows inmates in federal prison to earn credits (Federal Time Credits/FTCs) to get out early. They earn these credits by participating in evidence based recidivism reduction programs and other productive activities. What qualifies as either of those is indicated in the law itself, and includes a broad spectrum.
So, how are these credits applied?
The first 365 days of FTCs are applied to an inmate’s out date. This means, if the inmate has a minimum or low recidivism score, and as long as they are participating in eligible programming, their date will be reduced by 15 days until they’ve earned one full year of credit.
Now, after they’ve earned that one full year of credit, they’re still earning time. The catch is, these FTCs will be applied to their release to home confinement or halfway house (also known as RRC). So, your First Step Act eligible inmate’s date will change on BOP.gov, reduced 15 days every 30 days.
Once they’ve earned one year of credits to the door and another year on home confinement/halfway house, according to the internal guidance, they won’t get any additional halfway house time based on the Second Chance Act.
This seems to be the way it is right now. But, some of these calculations should change in the near future.
Based on some recent memos and press releases from the BOP, FTCs will be applied as a conditional release date under the assumption that the inmate participates in FSA eligible programming immediately. This way, the release date won’t constantly move month-to-month, and maximal credits can be applied, putting the inmate in halfway house/home confinement sooner.
Adding the Second Chance Act halfway house time to the First Step Act earned time credits may be the next step. William K. Marshall’s recent press release to the public indicated that this is how calculations will be determined. But, an internal memo to case managers and staff seemed to contradict this – surely court cases and strife will follow, so we’ll see how these things change in the near future.