First Step Act Earned Time Credits: Everything You Need to Know (2025)
Hope is real—but so is confusion. If you’re searching for information about the First Step Act, you’re probably trying to figure out if your loved one qualifies and how much time they could earn toward early release. This guide gives you the straight answers.
TL;DR: The First Step Act (2018) lets eligible federal inmates earn up to 15 extra days per month toward early release by completing programs. Not everyone qualifies—approximately 70 specific offenses disqualify inmates. This guide covers eligibility, how credits work, and how to track them.
What Is the First Step Act?
The First Step Act (FSA) is a 2018 federal law that changed how federal inmates can earn early release through programming.
Before FSA: Good time credits only (54 days/year maximum)
After FSA: Good time credits PLUS earned time credits (up to 15 days/month for eligible inmates)
What this means: An eligible inmate actively participating in programs can significantly reduce their time to release.
Quick Eligibility Check
| Question | If YES | If NO |
|---|---|---|
| Is this a federal sentence? | Continue | FSA doesn’t apply to state |
| Is the conviction on the disqualifying list? | NOT eligible for time credits | Continue |
| Has a PATTERN score been calculated? | Continue | Wait for assessment |
| PATTERN score minimum or low? | Maximum credit earning | Continue |
| PATTERN score medium? | Some credits | Continue |
| PATTERN score high? | No time credits (can still participate) | - |
How Earned Time Credits Work
The Basic Math
Eligible inmates in the minimum/low PATTERN categories earn:
- 10-15 days of time credits for every 30 days of programming
- Credits can be applied to:
- Earlier transfer to prerelease custody (halfway house)
- Earlier transfer to supervised release
The Categories
| PATTERN Risk Level | Credit Earning Rate |
|---|---|
| Minimum | 15 days per 30 days of programming |
| Low | 15 days per 30 days of programming |
| Medium | 10 days per 30 days of programming |
| High | Cannot earn time credits (can still participate) |
What Counts as Programming
- Education programs (GED, college courses)
- Vocational training
- Cognitive behavioral therapy
- Drug treatment programs
- Work assignments (some)
- Other BOP-approved programs
Disqualifying Offenses (The List)
If convicted of any of these, an inmate CANNOT earn FSA time credits:
There are about 70 disqualifying offenses. Here are the main categories:
Violence and Homicide
- Most murder and manslaughter offenses (except involuntary manslaughter attempts)
- All kidnapping offenses
- Assault with intent to murder
- Carjacking
- Bank robbery resulting in death
Sexual Offenses and Child Exploitation
- All sexual abuse offenses
- Sexual exploitation of children
- Child pornography activities
- Failure to register as sex offender
Terrorism and National Security
- All terrorism offenses
- Treason
- Espionage and defense information crimes
Firearms Offenses
- 18 U.S.C. 924(c) — Using, carrying, or possessing firearm during crime of violence or drug trafficking (this is a very common disqualifier)
- Armed Career Criminal enhancements
High-Level Drug Offenses (NOT all drug cases)
- Leadership roles (organizer, leader, manager, supervisor) in heroin, fentanyl, or meth trafficking
- Drug distribution resulting in death or serious injury
Prison-Related Offenses
- Escape
- Prison contraband
- Prison mutiny or riots
What’s NOT Disqualifying (Common Misconceptions)
Many families assume their loved one is disqualified when they’re actually eligible:
| Offense | Is It Disqualifying? |
|---|---|
| Standard drug trafficking (no leadership role) | NO — Generally eligible |
| First-time felon in possession (922(g)) | NO — Only repeat offenders |
| Bank robbery (no death) | NO — Only if death resulted |
| Wire fraud / Mail fraud | NO — Not on the list |
| Immigration detainer | NO — Only a final removal order disqualifies |
Critical point: Eligibility is based on the offense of conviction, not allegations in the indictment or pre-sentence report. Federal courts have consistently ruled on this. If your loved one pleaded to a non-disqualifying offense, they should be eligible—regardless of what else was alleged.
Important: Disqualified inmates can still participate in programs and earn other benefits (increased commissary, phone, and visiting privileges)—just not time credits toward early release.
How to Check Eligibility
Step 1: Get the PATTERN Score
The Prisoner Assessment Tool Targeting Estimated Risk and Needs (PATTERN) determines risk level.
- Calculated by BOP
- Reassessed periodically
- Factors include: age, education, employment history, prior convictions, institutional behavior
Step 2: Review the Conviction
Check if the underlying offense is on the disqualifying list.
- Some offenses that SOUND disqualifying aren’t
- Some offenses that seem minor ARE disqualifying
- When in doubt, ask for official determination
Step 3: Request Documentation
Inmates can request:
- Current PATTERN score
- FSA eligibility status
- Credit balance and projection
Calculating Potential Release Impact
Example Calculation
Scenario: 10-year sentence, minimum PATTERN score, eligible offense
| Without FSA | With FSA (Maximum) |
|---|---|
| Good time: 54 days/year = 540 days | Good time: 540 days |
| FSA credits: 0 | FSA credits: 15 days × 120 months = 1,800 days |
| Time served: ~8.5 years | Time served: ~6+ years |
This is simplified. Actual calculations involve complex BOP formulas.
The Prerelease Custody Path
FSA credits can move inmates to:
- Residential Reentry Center (RRC) - Halfway house
- Home confinement - Final months at home with monitoring
- Supervised release - Earlier than originally calculated
Common Questions
Can someone become eligible later?
Yes, in some cases:
- PATTERN scores are reassessed periodically
- If score drops from High to Medium, credit earning can begin
- Credits earned from that point forward (not retroactive)
What if he was disqualified but the offense changed?
Sentence modifications or conviction changes may affect eligibility. Consult with attorney for specific situation.
Does immigration status affect FSA?
Inmates with ICE detainers have different prerelease custody options. Credits may still be earned but application differs.
Can credits be lost?
Yes. Disciplinary infractions can result in credit loss. Severity depends on the violation.
How to Maximize Credits
For the Inmate
- Enroll in programs immediately - Credits start when programming starts
- Complete programs - Partial completion may not count
- Avoid disciplinary issues - Infractions can cost credits
- Track progress - Request regular updates on credit balance
- Participate actively - Some programs require demonstrated engagement
For Families
- Understand the system - Know what he’s working toward
- Encourage programming - GED, vocational training, drug treatment
- Help research options - Some programs have better credit earning
- Track together - Ask about progress during calls
The AI Advantage
Inmates with AI access can:
- Ask questions about FSA eligibility
- Get explanations of program options
- Calculate potential timelines
- Research specific offense categories
- Prepare for PATTERN reassessments
Example query:
“AI Is conspiracy to distribute marijuana a disqualifying offense under the First Step Act?”
This kind of research is nearly impossible without internet access. AI becomes a research lifeline.
Resources
Official Sources
For Legal Questions
If you believe your loved one has been wrongly denied credits:
- Document the offense of conviction (from the judgment, not the indictment)
- Have them raise the issue with their Unit Team
- Consider consulting a federal criminal defense attorney
- Recent court cases (like Valladares v. Ray, 2025) have ruled in favor of inmates wrongly denied credits
For Families
The BOP should provide inmates with their eligibility status and credit balance. Your loved one can:
- Ask their Case Manager for a current FSA status update
- Request their PATTERN score and credit projection
- Appeal incorrect determinations through the administrative remedy process
FAQ
What is the First Step Act?
The First Step Act is a 2018 federal criminal justice reform law that allows eligible federal inmates to earn time credits toward early release by participating in recidivism-reduction programs and productive activities.
Who qualifies for First Step Act credits?
Federal inmates who are not convicted of disqualifying offenses and who have a PATTERN risk score of minimum, low, or medium can earn time credits. High-risk inmates can participate in programs but cannot earn time credits.
How many days can be earned under the First Step Act?
Eligible inmates with minimum or low risk scores can earn 10-15 days of time credit for every 30 days of successful programming participation. Over a multi-year sentence, this can add up to significant time reduction.
How do I check First Step Act eligibility?
Inmates can request their PATTERN score and FSA eligibility status from their case manager. Families can ask their loved one to obtain this information during their next communication.
Do First Step Act credits apply to state sentences?
No. The First Step Act only applies to federal sentences served in Bureau of Prisons facilities. State prisons have their own credit-earning systems.
Summary
The First Step Act created real opportunities for eligible federal inmates to earn earlier release. But it’s not automatic—it requires:
- Eligibility (no disqualifying offense)
- Low enough PATTERN score
- Active program participation
- Avoiding disciplinary issues
Understanding the system is the first step toward maximizing its benefits.
A note to families: The FSA is complicated, and the BOP doesn’t always get it right. Nearly 59,000 people have been deemed ineligible—but some of those determinations have been successfully challenged in court. If something doesn’t seem right about your loved one’s eligibility status, don’t give up. Document everything, ask questions, and consider getting legal help.
Every day earned is a day closer to coming home.
Last updated: January 2025 This guide is for informational purposes only and is not legal advice. For specific legal questions, consult with a federal criminal defense attorney.
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