BOP Program Statement 5410.01 Change Notice 2

U.S. Department of Justice

Federal Bureau of Prisons

CHANGE NOTICE

OPI: CPD/CPB

NUMBER: 5410.01 CN-2

DATE: March 10, 2023

First Step Act of 2018 – Time Credits: Procedures for

Implementation of 18 U.S.C. § 3632(d)(4)

/s/

Approved: Colette S. Peters

Director, Federal Bureau of Prisons

This Change Notice (CN) implements the following changes to Program Statement 5410.01,

First Step Act of 2018 – Time Credits: Procedures for Implementation of 18 U.S.C.

§ 3632(d)(4), dated November 18, 2022.

The highlighted text has been changed (either added or struck through) in Section 10.

APPLICATION OF FTCs:

To apply FTCs to prerelease placement, an inmate ordinarily must otherwise be eligible to

participate in prerelease custody consistent with limitations as outlined in the Program Statement

Community Corrections Center (CCC) Utilization and Transfer Procedure, separate from

any FSA eligibility criteria, and be “opted in” at the time of the referral and be in minimum or

low risk status through their last two assessment periods and transfer to prerelease placement.

However, in all cases, earned time credits will be applied to prerelease custody (RRC and/or HC)

as required by the First Step Act.

The First Step Act requires that, if an individual meets the criteria outlined in (c)(1), the credits

must be applied when the amount of time credits earned is equivalent to remainder of the

prisoner’s imposed term of imprisonment, consistent with the method for calculation described

below. Pre-release placement in a Residential Reentry Center (RRC) or Home Confinement

(HC) will be based on FTCs other than those credits already applied to early transfer for

supervised release.