Helpful FAMM “Explainer” talks through DOJ rule for implementing earned time credits under FIRST STEP Act
As noted in this prior post, last week the Department of Justice announced its new rule for “implementing the Time Credits program required by the First Step Act.” Because this rule is to be applied retroactively and enables perhaps half of all current (and future) federal prisons to earn early release, it is a very big deal while also having lots and lots complicated implementation intricacies. Helpfully, FAMM has this helpful new four-page document titled “First Step Act Earned Time Credits Rule Explainer,” which starts this way:
On January 13, 2022, the BOP published a rule implementing the Earned Time Credits that were included in the First Step Act. There are a lot of questions about the rule, many of which this Explainer attempts to answer. There is still much to learn, however, and we will continue to update this Explainer as we learn more. Please understand that we cannot answer your questions about whether you or your loved one is eligible for credits toward pre-release custody or supervised release, among other things.
Here are some of the essentials from the document provide a window into just some of the particulars:
Who is eligible to apply FSA Time Credits toward pre-release custody or supervised release?
- People in BOP custody (including those in a halfway house or on home confinement);
- who are serving a federal sentence;
- who have successfully participated in Evidence-Based Recidivism Reducing Programs (EBRR or Programs) or Productive Activities (PA);
- who have been assessed as “minimum” or “low” risk for at least one assessment or who can obtain warden approval; and
- who have earned credits equal to the remainder of their prison term.
Who is barred from either earning FSA Time Credits or applying those credits toward pre-release custody?
- People serving sentences for convictions under state or District of Columbia law, or who have a final order of removal under immigration law, cannot apply credit toward pre-release custody or supervised release.
- People serving a sentence for a conviction the First Step Act identifies as disqualifying cannot earn credit. In limited circumstances, certain prior convictions may also prohibit one from earning credit….
What do earned FSA Time Credits do?
- Eligible people who have earned FSA Time Credits may have them applied toward pre-release custody (halfway house or home confinement transfers) or early transfer to supervised release (essentially shortening the sentence).
- Transfer to supervised release is limited to one year, but people may be transferred to pre-release custody earlier
Prior related post: