Federal Bureau of Prisons Needs to Fully Implement the First Step Act Time-Credit Program
Washington, D.C.(DAS Staff) – In a November 16, 2022 letter to the United States Attorney General, the Senate Judiciary Committee criticized the federal Bureau of Prisons for its failure to fully implement the First Step Act time-credit program and its recent policy decisions denying several categories of federal prison inmates the opportunity to earn and apply such credits. The letter, signed by Committee Chair Senator Richard J. Durbin(D-Illinois) and Ranking Member, Senator Charles E. Grassley (R-Iowa) outlined several important issues.
The letter makes several serious criticisms, including:
“Although BOP has struggled to develop and implement consistent and fair policies…enough time has passed that further delay cannot be excused.”
“BOP has circulated guidance to its staff that “[e]ligible inmates will continue to earn [ETCs] toward early release until they have accumulated 365 days or are 18 months form their release date, whichever happens first. At this point, the release date become fixed and all additional [ETCs] are applied toward [an earlier transfer to a Residential Reentry Center or home confinement][emphasis added].” This “18-month rule” is not supported by the FSA, nor does it further the FSA’s goal of incentivizing recidivism reduction programming for returning persons. Moreover, under this guidance any federal prisoner with a sentence of 18-months or less would be unable to earn an early release date.”
“For the FSA to realize its full potential, the implementation of ETC’s requires a dramatic improvement [by the BOP] without further delay.”
If you know of someone in the BOP who needs help with CARES Act or First Step Act issues; whether they are in the Administrative Remedy process stage, are looking to file with the court in a pro se petition, etc., you can tell them about this update. We are willing to discuss whether there is anything we can do to help.
Contact D.A.S. for help.
Phone: 800-489-8146
Email: info@defendantaidsociety.org
