BOP Program Statement 5410.01 § 1

§ 523.40 Purpose.

(a) The purpose of this subpart is to describe procedures for the earning and application of

Time Credits as authorized by 18 U.S.C. 3632(d)(4) and Section 101 of the First Step Act of

2018 (Pub. L. 115-391, December 21, 2018, 132 Stat. 5194) (FSA), hereinafter referred to as

“FSA Time Credits” or “Time Credits.”

(b) Generally, as defined and described in this subpart, an eligible inmate who successfully

participates in Evidence-Based Recidivism Reduction (EBRR) Programs or Productive

Activities (PAs) that are recommended based on the inmate’s risk and needs assessment

may earn FSA Time Credits to be applied toward prerelease custody or early transfer to

supervised release under 18 U.S.C. 3624(g).

The purpose of this policy is to establish Bureau of Prisons (Bureau) criteria and procedures for

awarding time credits pursuant to 18 U.S.C § 3632(d)(4) and 18 U.S.C § 3624(g) to eligible

inmates under the provisions of First Step Act of 2018 (FSA) codified in part in Title 18 U.S.C.

§ 3632.

Federal Regulations from 28 CFR are shown in this type.

Implementing instructions are shown in this type.

a. Program Objectives. The expected results of this Program Statement are to:

■ Inform inmates and staff of the process for earning, documenting, applying, forfeiting, and

restoring after forfeiture FSA Time Credits (FTCs) in accordance with the FSA.

■ Inform inmates and staff of the circumstances which would preclude an inmate from earning

and/or applying FTCs.

■ Identify the process for applying FTCs in combination with the Residential Drug Abuse

Treatment Program (RDAP) early release benefit under 18 U.S.C. § 3621(e).

b. Institution Supplement. None required. Should local facilities make any changes outside

changes required in national policy or establish any additional local procedures to implement

national policy, the local Union may invoke to negotiate procedures or appropriate arrangements.