First Step Act & Federal Prison Reform

The First Step Act of 2018 is the most significant bipartisan criminal justice reform legislation in decades — a rare achievement that passed with overwhelming support in both chambers and was signed by President Trump. Its core goals: reduce mass incarceration in the federal prison system (approximately 155,000 people) by expanding early release opportunities for well-behaved prisoners, reducing mandatory minimums for nonviolent drug offenses, and investing in recidivism-reduction programs. Key provisions: prisoners earn up to 54 days of good-conduct credit per year and additional credits for completing evidence-based programming (job training, drug treatment, education); compassionate release procedures were reformed so prisoners can petition federal courts directly without waiting for the Bureau of Prisons to file on their behalf (which it rarely did); and the Fair Sentencing Act of 2010 — which reduced the crack/powder cocaine sentencing disparity from 100:1 to 18:1 — was made retroactive, allowing thousands of people sentenced under the old harsh disparity to seek resentencing. Implementation has been contested, with BOP compliance with earned time credit calculations under ongoing court scrutiny.

Current Law (2026)

Legal Authority

• 18 U.S.C. § 3632 — Risk and needs assessment system (Attorney General shall develop a system to assess each prisoner's risk of recidivism and criminogenic needs; assign evidence-based programs to address those needs; reclassify prisoners based on progress)
• 18 U.S.C. § 3633 — Evidence-based recidivism reduction programs (BOP shall implement programs, productive activities, and evidence-based practices to reduce recidivism; prisoners who participate can earn time credits toward prerelease custody or supervised release)
• 18 U.S.C. § 3624(b) — Good time credits (federal prisoners may earn up to 54 days per year of good conduct time — First Step Act corrected the BOP's prior practice of calculating only 47 days)
• 18 U.S.C. § 3582(c)(1)(A) — Compassionate release (a court may reduce a sentence if extraordinary and compelling reasons warrant — after First Step Act, inmates may petition courts directly after exhausting BOP administrative remedies or waiting 30 days)

How It Works

The First Step Act was the most significant federal criminal justice reform legislation in a generation — a rare bipartisan achievement signed into law in December 2018. It addressed both sentencing (reducing some mandatory minimums and retroactively applying fairer crack cocaine penalties) and prison conditions (creating programming incentives, expanding compassionate release, and improving conditions of confinement).

On sentencing, the First Step Act made three targeted changes. It retroactively applied the Fair Sentencing Act of 2010 — which had reduced the crack-to-powder cocaine sentencing disparity from 100:1 to 18:1 for future defendants — allowing approximately 2,600 federal inmates sentenced under the old ratio to petition for resentencing. It expanded the safety valve (18 U.S.C. § 3553(f)), which permits judges to sentence below mandatory minimums for low-level nonviolent drug offenders, by raising the criminal history eligibility threshold. And it narrowed the § 924(c) stacking provision — the 25-year mandatory minimum for a second firearms offense now requires a prior § 924(c) conviction, not merely a second count in the same case. For incarcerated people, the Act created a earned time credits system: inmates who complete evidence-based recidivism reduction programming earn 10–15 days of credit per 30 days of participation (more for lower-risk inmates), which can be applied toward earlier transfer to prerelease custody — halfway house or home confinement. The Act also corrected a longstanding BOP calculation error for good conduct time, restoring the full 54 days per year the statute had always authorized.

Before the First Step Act, only the BOP Director could petition a court for compassionate release — and rarely did. The Act gave inmates the right to petition courts directly after submitting a request to the warden and either exhausting administrative remedies or waiting 30 days, dramatically expanding access. Courts may reduce sentences for "extraordinary and compelling reasons," including terminal illness, debilitating medical conditions, advanced age combined with time served, and (established through COVID-19 litigation) serious medical vulnerability to infectious disease. On prison conditions, the Act prohibits shackling pregnant inmates during labor and delivery, requires BOP to place inmates within 500 driving miles of their primary residence when practicable, expands access to feminine hygiene products, and bars housing juveniles in adult BOP facilities.

How It Affects You

State Variations

Implementing Regulations

• 28 CFR Part 523 — Computation of Sentence: the BOP regulation governing all forms of sentence reduction credits for federal prisoners. Part 523 has five distinct subparts covering different credit categories:

  Subpart A — Good Time Credit (statutory/historical):

  • § 523.1 — Statutory good time (18 U.S.C. § 4161, applies to sentences imposed before November 1, 1987): deductions based on total sentence length — a prisoner serving 3+ years earned up to 10 days per month; this system was replaced by Good Conduct Time for sentences imposed after November 1, 1987 under the Sentencing Reform Act

  Subpart B — Extra Good Time (for programming and work):

  • §§ 523.10–523.16: BOP awards extra good time for exceptionally meritorious service, work release, community corrections participation, employment in Federal Prison Industries, and camp/farm assignment; extra good time is 3 days/month during the first 12 months in an earning status and 5 days/month thereafter; Wardens may award lump-sum credit for exceptional acts; extra good time is separate from Good Conduct Time and does not automatically reduce a sentence in the post-1987 system

  Subpart C — Good Conduct Time (the primary credit for post-November 1987 sentences):

  • § 523.20 — Good Conduct Time (GCT): BOP awards 54 days of GCT per year toward a prisoner's sentence for compliance with prison rules and satisfactory program participation — the maximum allowed under 18 U.S.C. § 3624(b); the First Step Act corrected a longstanding BOP calculation error: prior to December 2018, BOP was awarding only 47 days/year (calculated on time actually served rather than time imposed), leaving prisoners with weeks more time than the statute authorized; GCT is awarded based on actual performance, not automatically — infractions reduce the award; a prisoner who completes the year without significant discipline receives the full 54 days

  Subpart E — First Step Act Time Credits (FSA TC):

  • §§ 523.40–523.44 — FSA Time Credits (implements 18 U.S.C. § 3632(d)(4)):
    • § 523.42 — Earning FSA Time Credits: an eligible prisoner begins earning FSA Time Credits upon arrival at their designated BOP facility; earnings are: 10 days of FSA Time Credits per 30 days of successful participation in Evidence-Based Recidivism Reduction (EBRR) programs or Productive Activities (PAs) for medium and high risk prisoners; 15 days per 30 days for minimum and low risk prisoners (as determined by PATTERN — the BOP's actuarial risk assessment tool); to earn credits, the prisoner must actually participate in approved programming — passive enrollment is insufficient
    • § 523.41 — EBRR Programs and Productive Activities: EBRR Programs are those shown by empirical evidence to reduce recidivism — including substance use treatment, cognitive behavioral programs (like Thinking for a Change), job skills/vocational training, and educational programs; Productive Activities are activities that BOP has determined are likely to help reduce recidivism, even if not yet fully validated — including work assignments, religious programs, and other structured activities
    • § 523.43 — Loss of FSA Time Credits: BOP may take away earned FSA Time Credits when a prisoner violates EBRR program requirements or BOP rules — the administrative process for loss of credits follows the disciplinary procedures at 28 CFR Part 541; lost credits may be restored on appeal
    • § 523.44 — Application of FSA Time Credits: when an eligible prisoner accumulates sufficient FSA Time Credits, BOP may apply them toward prerelease custody (transfer to a halfway house/residential reentry center) or toward supervised release (time off the end of the sentence); BOP has discretion in how credits are applied; not all prisoners are eligible (prisoners convicted of certain disqualifying offenses — including certain sex offenses, terrorism, and other enumerated crimes — cannot earn FSA Time Credits); the credits cannot reduce a sentence below the mandatory minimum

  The practical consequence: a minimum-risk federal prisoner who participates in approved programming for an entire year can earn up to 180 days (6 months) of FSA Time Credits in addition to the 54 days of Good Conduct Time — potentially reducing time in BOP custody by 7+ months per year. BOP's implementation has been contested in courts, with several circuit courts ordering BOP to properly calculate and apply credits for specific classes of prisoners. As of 2024–2025, over 60,000 prisoners have been identified as eligible for FSA credits, but delays in program availability and credit application have been extensively documented in Inspector General reports and litigation.

• 28 CFR Part 522 — BOP admission to institution (intake procedures, designations)

• 28 CFR Part 572 — BOP release from custody (compassionate release/reduction in sentence procedures, halfway house placements, supervised release)

Pending Legislation

• S 3482 — Expand First Step Act sentence reductions, create juvenile sealing/expungement system. Status: Introduced.
• S 3484 — Extend First Step Act report period from five years to ten years. Status: Introduced.
• HR 1843 — Second Chance Reauthorization Act of 2025: would reauthorize the Second Chance Act, add substance use disorder treatment and reentry housing to reentry projects, and extend key grants. Status: Introduced.

Recent Developments

• Implementation of earned time credits has been uneven — BOP has faced criticism for delays in applying credits and for the limited availability of programs
• Compassionate release petitions surged during COVID-19, with courts granting release for medically vulnerable inmates
• Thousands of inmates have received sentence reductions under the retroactive Fair Sentencing Act provisions
• Debates continue about whether additional reforms are needed — proposals include expanding the safety valve, addressing mandatory minimums more broadly, and improving reentry support
• BOP has been criticized for insufficient programming capacity to meet First Step Act requirements