Prisons Bureau Credits Time for Foreign Convicts Under FSA
Published Date: 8/31/2026
Rule
Summary
The Bureau of Prisons (BOP) amends its First Step Act (FSA) Time Credits regulation to accord with the best reading of the FSA and to conform with recent case law trends. The first change clarifies when an inmate can begin to earn time credits, and the second change clarifies time credits eligibility for inmates serving a term of imprisonment imposed in a foreign country.
Analyzed Economic Effects
3 provisions identified: 3 benefits, 0 costs, 0 mixed.
Start Earning Time Credits Earlier
Starting September 30, 2026, eligible inmates begin earning First Step Act (FSA) Time Credits as soon as their term of imprisonment commences. Removing the prior parenthetical means inmates awaiting transportation or voluntarily surrendering can begin approved programming and earn Time Credits after the sentence commences (sentences cannot begin before they are imposed).
Foreign Sentence Transfers Eligible
The rule clarifies that inmates who served a term imposed in a foreign country may receive FSA Time Credits if the U.S. Parole Commission has determined an equivalent U.S. Code sentence under 18 U.S.C. 4106A. Treaty transfer inmates must meet the treaty criteria (for example, being a U.S. citizen or national under 18 U.S.C. 4100(b) where applicable).
Estimated $54.13M Annual Savings
BOP projects the rule will reduce incarceration and prerelease costs by about $54,130,928 annually. The agency breaks this down as $1,908,322 for transfers to prerelease custody, $32,093,983 for early supervised release from RRCs, and $20,128,623 for early supervised release from typical BOP facilities, based on an average of 23.81 additional days of Time Credits per affected inmate.
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Key Dates
Department and Agencies
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