A plain-english guide to earning and applying FSA credits under 18 U.S.C. § 3632, plus a calculator that estimates their impact on your release date.
The First Step Act of 2018 created a separate credit system on top of Good Conduct Time. There are two distinct questions: (1) can you earn credits, and (2) can you apply them?
18 U.S.C. § 3632(d)(4)(D) lists offenses that disqualify the inmate from earning FSA credits. The list includes many terrorism, sex, violent-firearm, human trafficking, and high-level drug offenses. If your current offense is on that list, you cannot earn FSA time credits — even with perfect programming — though you still earn Good Conduct Time.
The full disqualifying list is in the U.S. Code: 18 U.S.C. § 3632. BOP application rules are in 18 U.S.C. § 3624(g).
Most people in Bureau of Prisons custody can earn FSA credits, unless their current offense is on the statutory exclusion list in 18 U.S.C. § 3632(d)(4)(D) — which includes many terrorism, sex, violent-firearm, and high-level drug offenses. Immigration detainers may also block application even if credits are earned.
Inmates earn 10 days of credit for every 30 days of successful participation in Evidence-Based Recidivism Reduction (EBRR) programs or Productive Activities (PAs). Minimum- or low-PATTERN-risk inmates who maintain that score for two consecutive assessments earn an additional 5 days per 30 days, for a total of 15 days per 30 days.
PATTERN (Prisoner Assessment Tool Targeting Estimated Risk and Needs) is the BOP's actuarial recidivism-risk instrument. It classifies inmates as Minimum, Low, Medium, or High risk. Only Minimum and Low can apply earned time credits to prerelease custody or supervised release under 18 U.S.C. § 3624(g).
Once earned and applied, FSA credits move the inmate into prerelease custody (home confinement or Residential Reentry Center) earlier, or shift up to 12 months to supervised release. They do not shorten the sentence imposed — they change where the last portion is served.
Yes. FSA credits are separate from Good Conduct Time (up to 54 days per year under § 3624(b)) and from the RDAP § 3621(e) reduction of up to 12 months. Eligible inmates can benefit from all three.
Educational estimate only — not legal advice. See Terms & Sources.