On November 14, 2018, President Donald Trump announced the “First Step Act,” a significant prison reform bill aimed at addressing issues within the federal incarceration system in the United States. A primary focus of the legislation is the implementation of Good Conduct Time credits and programs that enable prisoners to reduce their sentences. Prisoners earn 54 days of Good Conduct Time for each year of their sentence, leading to adjusted release dates that reflect good behavior. In addition, the First Step Act allows inmates to earn up to 15 days off their sentence for every month spent participating in approved programming and productive activities. This has created challenges for the Bureau of Prisons (BOP), which struggles to incorporate credits accurately and communicate potential release dates effectively to both inmates and their case managers.
Before the enactment of the First Step Act, federal prisoners were required to serve at least 85% of their sentences. With the Act, there is now a possibility of earning up to one year off a sentence or extended periods in home confinement based on program participation. The BOP has faced hurdles in implementing these changes effectively, leading to delays and confusion regarding release dates. For many inmates, particularly those in minimum and low-security facilities, the challenge has been understanding how these credits are calculated and when they can expect to transition back into the community. The situation was compounded by a lack of technological resources and inconsistencies in how the First Step Act has been interpreted and applied across different prison facilities.
The BOP has made strides toward addressing these issues since the introduction of the First Step Act rules, ultimately leading to a final rule published in the Federal Register in January 2022. This marked a crucial shift in how federal sentences are processed, allowing inmates to earn up to one year off their sentences. However, the path to effective implementation has not been straightforward. Numerous technical difficulties related to the software used for calculations, along with inadequate communication with prison staff responsible for administering the programs, have perpetuated issues wherein prisoners were either held longer than necessary or faced uncertainty about their release dates.
In response to the ongoing challenges, the BOP has introduced new calculations for prisoner release dates aimed at alleviating confusion. Among these are the FTC Conditional Placement Date, the SCA Conditional Placement Date, and the Conditional Transition to Community Date. The FTC Conditional Placement Date is particularly significant as it indicates when an inmate is projected to earn the maximum First Step Act credits, helping both the BOP and prisoners anticipate release. The SCA Conditional Placement Date pertains to eligibility for early release under the Second Chance Act, which focuses on individualized assessment rather than assurances of release. Finally, the Conditional Transition to Community Date is a more complex evaluation that combines eligibility under both the First Step Act and the Second Chance Act, allowing for better planning regarding prisoner reintegration into society.
The integration and application of these updates appear promising, yet there remain obstacles ahead. A significant concern is the limited availability of community placement options, particularly halfway houses, which often results in delays and extended stays for prisoners awaiting transfer back into society. The BOP’s allocation of resources toward placing minimum and low-security prisoners into community settings earlier creates challenges for those who have more extensive needs for transitional support. Since the First Step Act’s passage in December 2018, the BOP has not expanded its capacity for halfway houses, further complicating the process of reintegrating inmates into their communities responsibly and effectively.
While the BOP’s initiative to clarify release dates through the new calculation system is a step forward, this reform is expected to generate additional inquiries from prisoners seeking to understand their status and opportunities for programs and release. As the situation evolves and the BOP adjusts to the practicalities of implementing the First Step Act and related legislation, ongoing communication and transparency will be vital to ensure that inmates are well-informed and can navigate their transition from incarceration to productive community living. The path forward for both the Bureau of Prisons and the individuals seeking a second chance will require ongoing commitment to improvements in systems, resource availability, and support structures for reentry into society.
