Potential Roadblocks to Receiving All Your Time Credit Benefits

In our first two blog posts, we explained the different types of time credits and how to calculate your reduced sentence using them. As we saw, these credits can produce meaningful reductions in incarceration time. In many cases, an inmate might serve 45–60% of their sentence in prison, 20–30% in prerelease custody, and receive a 15–25% total reduction in sentence length.

If only I had fully understood this during my plea negotiations—like many, I learned too late how much time credits can truly change your life.

Congress’s Intent Behind the First Step Act

The First Step Act (FSA) was not just designed to reduce sentences. Congress intended it to incentivize rehabilitation, education, and reentry preparation. In other words, it rewards progress and responsible participation in programming that lowers the risk of reoffending.

According to the statute:

• 18 U.S.C. § 3624(c)(2):“The Bureau of Prisons shall, to the extent practicable, place prisoners with low risk levels and lower needs on home confinement for the maximum amount of time permitted under this paragraph.”

• 18 U.S.C. § 3632(d)(4)(E):“Earned time credits shall be in addition to any other rewards or incentives for which a prisoner may be eligible,” such as Good Conduct Time or Second Chance Act prerelease custody.

  
  

Put simply, Congress intended for inmates who actively participate in recidivism reduction programs to receive maximum possible FSA credits, on top of other existing credits. The ultimate goal is to shorten incarceration time and support successful reintegration into society—not to delay it.

Unfortunately, the Bureau of Prisons (BOP) hasn’t always implemented these laws as Congress intended.

BOP Implementation Challenges

To its credit, the Department of Justice (DOJ) and current BOP Director William Marshall III (formerly Peters) have expressed a renewed commitment to properly implementing the FSA. A recent BOP press release (2024) announced updates to how prerelease custody placement dates are determined—now relying on the “Projected FSA Conditional Placement Date” listed on each inmate’s worksheet, rather than the standard release date.

However, even with this change, the BOP still fails to include credits earned during prerelease custody in its FSA credit calculation—despite recent Ninth Circuit rulings finding that those credits must be applied.

In my own case, the BOP calculated a conditional placement date based on 1,065 days (three years) but ignored the 18 months of additional FSA credits I would earn during that period. That error effectively delayed my home confinement by those 18 months—reducing what should have been 4.5 years of prerelease time to only three.

Progress is being made, but it’s one step at a time.

Common BOP Roadblocks to Full Credit Benefits

Here are some of the most common challenges inmates encounter when trying to receive the full benefit of their time credits:

1. FSA Eligibility Misinterpretations

Two recurring issues stand out:

• Expanded “interpretations” of offense codes – The BOP often deems inmates ineligible for FSA credits based on how it interprets sentencing statutes, especially 21 U.S.C. § 841(a). The Bureau sometimes claims that although the inmate was sentenced under §841(a), the “intent” was equivalent to §841(b), making it ineligible. This reasoning has no statutory support under the FSA.

• Combining multiple sentences – When inmates are convicted of multiple charges—especially those including 18 U.S.C. § 924(c)—the BOP frequently merges them into one “master sentence” under the Administrative Procedures Act (APA). If one charge is ineligible, the BOP then treats the entire sentence as ineligible. Courts have largely supported this interpretation, but recent cases following Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244 (2024) are reopening the door for judicial review of agency overreach.

  
  

Estimated impact: up to 30% of the BOP population may be affected.

2. Incorrect Start Date for Eligibility

Under 18 U.S.C. § 3632(d)(4)(B), time credits begin accruing on the date of sentencing or detention, not upon arrival at a designated BOP facility. Yet, the Bureau frequently delays eligibility until transfer to a permanent location.

Estimated impact: loss of 2–3 months of prerelease custody.

3. Misapplication of the 10-Day to 15-Day Transition Rule

The FSA states that inmates earn 10 days per month of credits initially, increasing to 15 days per month after two consecutive positive risk assessments (TEAM meetings). These meetings should occur within 30 days of arrival and again at six months.However, some case managers delay the transition until the third meeting, costing inmates roughly one month of halfway house time.

(Author note: I successfully challenged this policy myself!)

4. Loss of Credits During Transfers (“In Transit” Periods)

When inmates are transferred between facilities, the BOP often suspends credit earning during these 90–180 day “in transit” periods. The FSA does not authorize this.

If you find yourself in transit, enroll in any available class, program, or work assignment—this makes it difficult for the BOP to deny your credits, as you are showing active participation despite the move.

Estimated impact: loss of 3–4 months of halfway house time.

5. Bias in Second Chance Act (SCA) Placements

Under the Second Chance Act (18 U.S.C. § 3624(c)), inmates can receive up to 12 months of halfway house or 6 months of home confinement. However, some case managers reduce this time, arguing that inmates are “already getting enough” from FSA credits.

Although the SCA allows discretion, this kind of bias undermines the FSA’s intent. Fortunately, as new leadership continues reform efforts, these disparities are becoming less frequent—but they still happen.

Summary

While some of these BOP practices may seem “minor,” together they can cost inmates 6–12 months of prerelease custody or halfway house time.

Director Peters’s continued reform efforts could eventually eliminate these inconsistencies—saving the BOP millions in staff hours spent processing unnecessary Administrative Remedy filings (BP-8 through BP-11) and federal habeas petitions under 28 U.S.C. § 2241.

For perspective, just 5,000 inmates filing grievances could result in 20,000+ administrative filings—plus thousands of federal court responses required from U.S. Attorneys’ Offices.

Final Thoughts

Congress made its intent clear:

Reward rehabilitation. Shorten unnecessary incarceration. Promote successful reentry.

At A Better Tomorrow (ABT), we’re hopeful that the BOP will continue aligning its policies with that intent—so individuals no longer need to fight for credits they’ve rightfully earned. Until then, understanding these roadblocks will help you identify unfair treatment, advocate for yourself, and pursue available remedies under the law.

References

• 18 U.S.C. §§ 3624, 3632 – Release of a Prisoner; Risk and Needs Assessment System (First Step Act).

• 21 U.S.C. §§ 841(a), 841(b) – Controlled Substances Act.

• Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244 (2024).

• Goodman v. Ortiz, No. 20-7582, 2020 WL 5015613 (D.N.J. 2020).

• Federal Bureau of Prisons (2023). Program Statement 5410.01 – First Step Act of 2018: Time Credits.

• U.S. Department of Justice (2024). BOP Press Release: Update on Designation and Conditional Placement Policy.