Q&A: How Do You Know If The BOP Will Apply FSA Time Credits?

As you know from following our work on First Step Act (FSA) Time Credits on How to Justice and Interrogating Justice, the BOP took a long time to apply FSA Time Credits. But, finally, on Jan. 13, 2022, just two days before the Jan. 15, 2022 deadline, the DOJ announced a new rule on FSA Time Credits.

According to the DOJ, as of Jan. 13, 2022, the BOP had already “begun transferring eligible inmates out of BOP facilities and into either a supervised release program or into Residential Reentry Centers (RRCs) or home confinement (HC).” This was clearly good news.

But it’s been almost a month since that announcement. And, while some in BOP custody have heard good news, others have been left in the dark. We spoke with someone who finally heard from the BOP this week. After a month of nothing, he finally knows how many FSA Time Credits the BOP will apply and, more importantly, when he will be released.

Image courtesy of brentmelissa via iStock by Getty Images.

What could BOP staff tell you about when they would apply your FSA Time Credits?

BOP staff never mentioned FSA credits to me in the 8 months I was there.

How long did it take for the BOP to finally apply your FSA Time Credits?

They applied my credits after I had served 13 months of my sentence.

How did you find out that the BOP had applied your FSA Time Credits to your sentence?

The director of the halfway house called and told me.

Did the BOP’s calculation of FSA Time Credits match your own?

No. I do not know if I was supposed to get credit for all the classes I took. I also don’t know if I was supposed to get credit for my almost three months of participation in RDAP.

Am I supposed to get credit for those or other things? I do not know.

Were you guaranteed those FSA Time Credits, or were their strings attached?

Simple answer: I have no idea.

Image courtesy of Ruslan Kaln via iStock by Getty Images.

The Takeaway:

It’s been a month since the BOP started applying FSA Time Credits. Unfortunately, we still don’t have good information to help people know if, when and how the BOP will apply your FSA Time Credits. As this person’s story makes clear, there remain more questions than answers.