BOP Program Statement 5410.01 § 9

§ 523.43 Loss of FSA Time Credits.

(a) Procedure for loss of FSA Time Credits. An inmate may lose earned FSA Time Credits

for violation of the requirements or rules of an EBRR Program or PA. The procedures for

loss of FSA Time Credits are described in 28 CFR part 541.

Per the FSA, only earned time credits can be lost, and future time credits cannot be impacted. For

purposes of inmate discipline, time credits are considered officially “earned” during the monthly

auto-calculation or at the time of the inmate’s last Program Review assessment, whichever was

most recent. A sanction of loss of FSA time credits by the Discipline Hearing Officer (DHO)

may only be imposed when an inmate is found to have committed a prohibited act. Loss of

FTCs cannot be entered as a suspended sanction. See the Program Statement Inmate Discipline

Program.

(b) How to appeal loss of FSA Time Credits. Inmates may seek review of the loss of earned

FSA Time Credits through the Bureau’s Administrative Remedy Program (28 CFR part

542).

(c) Restoration of FSA Time Credits. An inmate who has lost FSA Time Credits under this

subpart may have part or all of the FSA Time Credits restored to him or her, on a case-by-case basis, after clear conduct (behavior clear of inmate disciplinary infractions under 28

CFR part 541) for two consecutive risk and needs assessments conducted by the Bureau.

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The authority to restore any portion of the offender’s lost FTCs is delegated to the Warden and

may not be delegated lower than the Associate Warden level. The inmate may request

restoration of FTCs during a regularly scheduled Program Review and only after having

maintained clear conduct for two consecutive risk and needs assessments. The Unit Manager

will submit a request using BP-A1156, Restoration of Federal Time Credits, along with the unit

team’s recommendation, through the DHO to the Warden (or designee) for final decision. If the

recommendation to restore FTCs is approved, the Unit Manager or Acting Unit Manager will

process the restoration approval into the inmate’s record and update via Insight or Insight

Feedback.

Whether denied or approved, a copy of the decision will be provided to the inmate. If denied,

the inmate will be advised that they may reapply for FTC restoration six months from the date of

denial, if clear conduct is maintained. A copy will be maintained in the inmate’s J&C and

electronic inmate central file (e-ICF), with other sentence computation documents.