What Is the First Step Act?
The First Step Act (FSA), signed into law in December 2018, is the most significant federal criminal justice reform in a generation. It expanded good time credits, created a new system of earned time credits, made compassionate release more accessible, and retroactively applied the Fair Sentencing Act of 2010 to crack cocaine offenses sentenced before the law changed.
If your family member is serving a federal sentence, the First Step Act may affect how much time they serve — even if they were sentenced before 2018.
Good Time Credits: The Recalculation That Changed Everything
Before the First Step Act, federal prisoners earned 47 days per year in good time credits despite the law technically allowing 54. A drafting error in the 1987 law had been misapplied for decades. The FSA fixed this — and required the Bureau of Prisons to recalculate good time credits for every eligible prisoner.
For someone serving a 10-year sentence, the corrected calculation means approximately 70 additional days of credit. For longer sentences, the impact is larger. If your family member was sentenced before 2018 and hasn't had their good time recalculated, this is worth investigating.
Who qualifies: All federal prisoners with good conduct time. Excludes those convicted of certain offenses (terrorism, sex offenses, certain violent crimes).
Earned Time Credits: The Biggest Change
The First Step Act created a new system of Earned Time Credits (ETCs) for completing approved programs and productive activities. Eligible prisoners earn:
- 10 days of credit per 30 days of successful program participation
- 15 days of credit per 30 days for prisoners assessed as minimum or low risk of recidivism
These credits can be applied toward early placement in a residential reentry center (halfway house) or home confinement — allowing eligible prisoners to complete the final portion of their sentence outside of a federal facility.
Which programs count?
The BOP maintains a list of approved Evidence-Based Recidivism Reduction (EBRR) programs and Productive Activities (PAs). These include:
- Educational programs (GED, vocational training, college courses)
- Substance abuse treatment programs (including RDAP — the Residential Drug Abuse Program)
- Cognitive behavioral programs (thinking errors, victim awareness)
- Work assignments and skills development
- Faith-based programming
If your family member is enrolled in these programs, they should be accumulating ETCs. If they're not enrolled, getting enrolled is one of the most impactful steps they can take right now.
Who Is Excluded from Earned Time Credits?
The First Step Act excludes certain offense categories from ETC eligibility. These include:
- Terrorism and terrorism-related offenses
- Sex offenses requiring registration
- Certain violent offenses (murder, sexual abuse, robbery)
- Human trafficking
- Certain drug offenses involving minors
The full exclusion list is in 18 U.S.C. § 3632(d)(4)(D). If you're unsure whether your family member's offense is excluded, this is something to clarify with a federal public defender or the BOP case manager.
The PATTERN Risk Assessment Tool
The First Step Act required the BOP to develop a risk and needs assessment tool — called PATTERN (Prisoner Assessment Tool Targeting Estimated Risk and Needs). Every federal prisoner receives a PATTERN score: minimum, low, medium, or high risk.
Risk level affects:
- The rate at which ETCs are earned (low/minimum = 15 days per 30, medium/high = 10 days per 30)
- Eligibility for home confinement and halfway house placement
- Program placement priority
Your family member can ask their case manager for their current PATTERN score and what steps would lower it.
How to Apply: Practical Steps
There is no single "First Step Act application." The different provisions apply differently:
- Good time recalculation: The BOP is supposed to do this automatically. If it hasn't happened, the prisoner should submit a request to their case manager, or you can file an administrative remedy.
- ETC tracking: The BOP tracks ETCs through the prisoner's Individualized Needs Plan (INP). Request a copy to verify credits are being counted correctly.
- Home confinement/halfway house placement: As ETCs accumulate, the BOP is supposed to apply them toward earlier placement. Case managers have discretion — following up and documenting participation matters.
If the BOP is not applying credits correctly, the remedy is to file an administrative grievance, then potentially a federal habeas petition under 28 U.S.C. § 2241.
How CaseMatchAI Can Help
Families have used CaseMatchAI to find court decisions where federal prisoners successfully challenged incorrect good time calculations, improper PATTERN scoring, and failure to apply earned time credits. These cases can inform an administrative remedy or habeas petition.