BOP Expands First Step Act Time Credits: A Small Rule Change That Could Bring Thousands Home Sooner

A significant change to the Federal Bureau of Prisons’ implementation of the First Step Act is set to take effect on September 30, 2026—and for thousands of eligible federal prisoners, it could mean earning additional time credits and returning to their families and communities sooner.

The new rule changes when eligible individuals can begin earning First Step Act (FSA) Time Credits. Under the previous BOP regulation, prisoners generally could not begin earning credits until they arrived at, or voluntarily surrendered to the BOP facility designated to serve their sentence.

Beginning September 30, that changes.

Under the new regulation, eligible individuals may begin earning First Step Act Time Credits after their term of imprisonment begins, rather than having to wait until they reach their designated BOP institution.

For people who spend weeks or even months in detention facilities waiting to be transported to their designated federal prison, the difference could be substantial.

The Problem With the Old Rule

After sentencing, a person remanded into federal custody does not necessarily arrive at a BOP institution immediately.

Many people spend significant time in local jails, federal detention centers, county facilities, or other institutions while the BOP completes the designation process and the U.S. Marshals Service arranges transportation.

According to the BOP's own analysis of prisoners whose sentences began between 2023 and 2025, the average time between sentencing and arrival at the designated institution exceeded 60 days.

During that period, a person's federal sentence was running but under the BOP's previous regulation, the opportunity to earn First Step Act Time Credits generally was not.

That distinction matters because eligible prisoners can earn significant credits through successful participation in qualifying evidence-based recidivism reduction programs and productive activities.

Generally, an eligible prisoner earns 10 days of FSA Time Credits for every 30 days of successful participation. Individuals classified as minimum or low risk who maintain or decrease that risk over two consecutive assessments may earn an additional five days, bringing the total to 15 days for every 30 days of qualifying participation.

What Changes September 30

The new regulation provides that an eligible prisoner begins earning First Step Act Time Credits after the person's “term of imprisonment commences.”

The BOP explained that a federal sentence generally begins when a defendant is received into custody to serve that sentence while awaiting transportation to the designated institution—or, for someone permitted to remain out of custody, when that person voluntarily surrenders.

Importantly, this does not mean prisoners automatically receive credits simply because they are waiting for transportation.

Individuals must still meet the requirements of the First Step Act, including eligibility and successful participation in qualifying programming or productive activities. The change instead removes the categorical barrier that previously prevented eligible people from earning credits simply because they had not yet arrived at their designated BOP facility.

The change also follows federal court decisions that found the BOP's previous regulation conflicted with the First Step Act, including Miles v. Bowers and Sharma v. Peters.

How Much of a Difference Could It Make?

Potentially weeks.

Based on the current risk levels of the federal prison population, the BOP estimated that the average 66-day period between sentencing and designation could result in nearly 24 additional days of First Step Act Time Credits.

Twenty-four days may not sound dramatic when discussing prison policy from the outside.

For an incarcerated person and their family, however, nearly a month can be enormous.

It can mean being home for a child's birthday. It can mean starting a job several weeks earlier. It can mean helping an aging parent, beginning school, reconnecting with children, or simply having nearly another month of freedom.

At A Better Tomorrow, we believe successful reentry does not begin on the day someone walks through the prison gates. It begins while that person is still incarcerated—through education, planning, accountability, employment preparation, financial literacy, and building a community of support.

The First Step Act's incentive structure reflects a similar principle: people who actively participate in qualifying programming designed to reduce recidivism should have a meaningful opportunity to earn their way toward earlier placement in the community.

The Change Could Also Save Taxpayers Millions

The impact extends beyond incarcerated people and their families.

According to the article, the BOP estimates that expanding the period during which eligible prisoners can earn First Step Act Time Credits will save approximately $54.1 million annually.

That is important because reducing unnecessary incarceration costs was one of the broader objectives behind the First Step Act.

Community placement does not necessarily mean the end of supervision. FSA credits can be used, subject to applicable requirements, toward prerelease custody such as a Residential Reentry Center (halfway house) or home confinement. For qualifying prisoners, up to 365 days of credits may also be applied toward an earlier transfer to supervised release.

In other words, the system can transition eligible individuals toward community reintegration while continuing to impose structure and supervision—and potentially spend fewer taxpayer dollars on institutional incarceration.

Treaty Transfer Prisoners Also Benefit

The new rule contains another important change affecting certain Americans convicted and sentenced in foreign countries who are later transferred to the United States to serve their sentences.

Previously, the language of the BOP regulation created a potential obstacle because FSA Time Credits generally could not be applied to imprisonment resulting from convictions under laws other than the United States Code.

The new rule clarifies that this restriction does not necessarily prevent eligible treaty-transfer prisoners from receiving First Step Act Time Credits when the U.S. Parole Commission has determined an equivalent U.S. sentence under 18 U.S.C. § 4106A.

Although this change affects a much smaller population, the principle is important: eligible people participating in programs intended to prepare them for successful reentry should not necessarily lose access to those incentives simply because their original conviction occurred outside the United States.

Progress, But More Work Remains

Implementation of the First Step Act has been complicated since the law was enacted in 2018.

Prisoners and their families have had to navigate changing policies involving FSA Time Credits, Good Conduct Time, risk assessments, programming requirements, halfway house placement, home confinement, supervised release, and other BOP policies.

The September 30 rule does not resolve every problem.

But it corrects an important one.

If a person's federal sentence has begun, and that person is otherwise eligible and successfully participating in qualifying programming or productive activities, the fact that the government has not yet transported them to their designated institution should not, by itself, prevent them from having the opportunity to earn First Step Act Time Credits.

The BOP estimates the change could provide an average of approximately 24 additional days of credits for affected prisoners and save taxpayers approximately $54.1 million every year.But behind those numbers are real people.

For the person preparing to return home, 24 days can mean 24 fewer mornings waking up incarcerated.

For a family, it can mean 24 fewer days apart.

And for organizations like A Better Tomorrow, it represents something equally important: additional recognition that incarceration should not simply be about serving time. It should also create meaningful incentives for people to prepare themselves for what comes next.

Because successful reentry starts before release.

Source: Walter Pavlo, “Bureau Of Prisons Upgrades First Step Act With More Credits,” Forbes, September 18, 2026.