A Better Tomorrow’s New Year’s Resolutions for the First Step Act

A Better Tomorrow extends sincere kudos to BOP Director Marshall and Assistant Director Smith for their renewed focus and measurable progress toward proper implementation of the First Step Act (FSA) across the Bureau of Prisons.

Over the past six months, I have personally observed a significant improvement in the accuracy of FSA Worksheets—particularly regarding projected placement dates—both in my own case and for many other incarcerated individuals. Just as importantly, we are beginning to see a cultural shift within the BOP, especially at the unit and case manager levels. That change matters.

So what does that look like in practice?

During the last six months—especially the past three—when I assist incarcerated individuals in preparing for meetings with staff, the responses are no longer the automatic “no” or “denied” that were once routine. Instead, we increasingly hear: “Let me look into that.” More often than not, that is followed by movement and positive outcomes involving FSA credits or projected dates.

Issues that were historically battlegrounds—such as earning 15 days of FSA Time Credits per month instead of 10 after two consecutive TEAM meetings—are now being resolved correctly. In the past, case managers often misread policy to require a third TEAM meeting, despite the plain language of the policy clearly stating otherwise. That practice appears to be changing.

The same progress is evident with halfway house placement dates. Unlike prior years, placements are occurring much closer to their properly calculated dates rather than being delayed by three or four months, as was common over the last seven years. While calculations may still not be perfect, the overall culture and momentum are clearly moving closer to proper FSA implementation.

Remaining Challenges

Despite this progress, significant challenges remain. The most common response inmates now encounter is: “There’s nothing I can do about that.” These situations usually arise where the BOP’s policies—drafted years ago—do not fully align with the law, and staff lack the authority or willingness to correct them.

Examples include:

• FSA start dates not counting prior programming completed before arrival at a designated facility

• Loss of FSA credits during BOP-initiated transfers, where inmates can remain in transit facilities for months

• Failure to fully account for projected future FSA Time Credits when calculating Conditional Placement Dates

  
  

Courts have been clear on many of these issues, yet they continue to generate administrative remedy filings and unnecessary frustration for both inmates and staff.

One particularly persistent issue is the refusal to calculate projected FSA Conditional Placement Dates using 100% of projected future credits. While BOP leadership has directed staff to do so for planning purposes—and has even acknowledged this position in court filings—this practice is still not being implemented consistently. The likely reasons are capacity constraints in halfway houses and staffing shortages to oversee home confinement.

The result is significant. For example, an inmate eligible for three years of prerelease custody may end up with 18 months of unused FSA credits that should have facilitated an earlier transition. This issue affects nearly all FSA-eligible individuals.

Our New Year’s Resolutions for the FSA

Given both the progress made and the work still ahead, A Better Tomorrow offers the following New Year’s resolutions for full and fair implementation of the First Step Act:

1. Issue a BOP-wide directive requiring automatic correction of recurring FSA issues—such as improper start dates and loss of in-transit credits—eliminating inequitable treatment and unnecessary administrative burdens.

2. Modify the BOP SENTRY system so Conditional FSA Placement Dates automatically include 100% of all projected future Time Credits, including those expected to be earned during prerelease custody.

3. Immediately hire and deploy 300–500 additional staff to oversee a one-time, large-scale transfer of all FSA- and Second Chance Act-eligible individuals to home confinement, bringing the BOP into full compliance.

4. Apply projected FSA credits earned during prerelease custody to reduce supervised release terms, consistent with recent Ninth Circuit guidance.

5. Pass and enact the First Step Implementation Act (“FSA Fix-It” bill) to codify these requirements, eliminate ambiguity, and finally put these issues behind us.

   
   

Looking Ahead

Our sense is that the BOP will continue to make meaningful progress in 2026, and we hope to be proven right. We recognize that new leadership is addressing multiple systemic challenges simultaneously and working toward full FSA compliance as efficiently as possible.

If 2026 is the year the FSA finally crosses the finish line, it will free up significant staffing and budget resources—resources that can then be redirected toward the BOP’s other Tier One crisis: adequate medical care for incarcerated people.