Individuals eligible to earn time credits include: 

*       those convicted of federal offenses that are NOT disqualifying offenses;

*       serving a sentence  at a federal institution or satellite camp, but NOT in disciplinary segregation; AND

*         those participating in and completing assigned evidence-based recidivism reduction programming or productive activities. 

The FSA has identified numerous offenses that would be considered disqualifying convictions.

These are generally categorized as offenses involving: violence, terrorism, espionage, human trafficking, sex and sexual exploitation, fraud and related activity in connection with computers, high-level drug offenses, and repeat felon in possession of firearm.

First and foremost, FSA time credits are earned.  And, "earned time credits" are awarded based on an individual’s participation in approved "EBRR" (evidence-based recidivism reduction) programs or productive activities, including their behavior while incarcerated. 

Regardless of eligibility status, ALL incarcerated individuals, will be assessed for risk recidivism programs, which is done using the aptly dubbed "PATTERN" tool (Prisoner Assessment Tool Targeting Estimated Risk and Needs). This is completed at an individual's Initial Classification to determine if an individual's recidivism risk is: Minimum, Low, Medium, or High. This is not to be confused with one's security or custody level. Maintaining and/or reducing one's recidivism risk while incarcerated affords individuals the opportunity to both continue to earn time credits and satisfy FSA programming criteria. Risk levels are re-assessed at every regularly scheduled program review (commonly called a "team meeting") with a case manager. 

Generally, completing educational, vocational, or rehabilitative programs at the correctional institutions and/or satellite camps, qualify as either EBBR programming or productive activities.  Some examples of EBBR programs include: GED, RDAP (Residential Drug Abuse Program), Anger Management, and UNICOR employment.  

Productive Activities include: Alcoholics Anonymous support group, NRDAP (Non-Residential Drug Abuse Treatment Program), Drug Abuse Education Coure, Narcotics Anonymous (NA), Rational Recovery (RR) and Adult Continuing Education classes, Insitution work programs and holding jobs, attending religious services, and participating in fitness related classes or workshops.

In addition, to the PATTERN tool, the "SPARC-13" (The Standardized Prisoner Assessment for Reduction in Criminality) is used to assess 13 need areas to focus recommended programming to reduce the risk of recidivating. 

It is extremely important to understand that the SPARC-13 assessment requires a prisoner's active participation AND failure to complete the self-assessment surveys timely will delay completion and negatively impact the individual's ability to begin earning time credits.

The SPARC-13 self-assessment surveys are found on the “TRULINCS” (Trust Fund Limited Inmate Communication System). So, once an incarcerated individual arrives at the correctional institution or satellite camp, it is imperative that he/she completes the same upon receiving their PAC number to access TRULINCS from their counselor or case manager. 

DO NOT WAIT until your Initial Classification to complete the surveys.

Generally speaking, completing educational, vocational, or rehabilitative programs at the correctional institutions and/or satellite camps, qualify as either EBBR programming or productive activities.  Some examples of EBBR programs include: GED, RDAP (Residential Drug Abuse Program), Anger Management, and UNICOR employment.  

Productive Activities include: Alcoholics Anonymous support group, NRDAP (Non-Residential Drug Abuse Treatment Program), Drug Abuse Education Course, Narcotics Anonymous (NA), Rational Recovery (RR) and Adult Continuing Education classes, Institution work programs and holding jobs, attending religious services, and participating in fitness related classes or workshops.

• “Earned Time Credits” 

The FSA allows for eligible individuals to earn up to 10 days of credit for every 30 days of programming or productive activities (generally, this would be applied for the 1st 6 months of an individual’s sentence). Minimum and low-risk prisoners who have successfully completed recidivism reduction or productive activities AND whose assessed risk of recidivism has not increased over two consecutive assessments are further eligible to receive an additional 5 days of time credit for every 30 days of successful participation.  (the additional 5 days would be applied in the 7th month after the 2nd Team meeting or assessment is conducted).

- Under the FSA, an eligible individual is able to decrease their sentence term in earning up to 365 days’ worth of earned time credit.  

- Earned time credits may not be earned until after the date an individual’s term of imprisonment begins (i.e. the date an individual arrives or voluntarily self-surrenders at the designated institution where the sentence will be served).

- Individuals cannot earn earned time credits while in U.S. Marshals custody or during pretrial confinement

• “Good Time Credits”

The FSA provides that all eligible individuals receive 54 days of good conduct time for each year served. The Bureau of Prisons awards prorated good conduct time credits for any partial year in an imposed sentence.

This good conduct time is awarded at the outset and factored in as the “statutory release date projected” reflected on the individual’s Sentence Monitoring Computation Data sheet.

The long and short answer is, it depends.  The introduction of FSA credits has profoundly influenced the federal correctional system by offering a concrete incentive for engaging in recidivism reduction programs and transformed the long ago days of serving 85% of one's prison sentence.  

FSA credits can contribute to shorter incarceration durations, but various factors (i.e. pretrial confinement credit, sentence length, security classification, PATTERN risk assessment scores, disciplinary violations, etc.) come into play in identifying the date when an individual is "out-of-custody" and no longer under the supervision of the Bureau of Prisons.  

Our team at Patronus Prison Consulting is here to help educate you on the FSA credit system and provide sentence calculations for clients. 

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Yes, FSA "earned time credits",  as well as "good time credits", can be lost if you violate institutional rules, fail to maintain good behavior and refuse to participate or "opt out" in assigned EBRR programming or activities. Engaging in misconduct, committing prohibited acts (i.e., running or possessing contraband, abuse of drugs or alcohol, vaping, possession of cellphones, violence or threats of violence, attempted escape) or receiving disciplinary violations can also result in the forfeiture of previously earned time credits.

There is a common misconception amongst those incarcerated in the federal correctional system, notably circulating around satellite prison camps, that when they leave the facility (“out-of-camp”) they are done with their sentence.  Until an individual hits their “out-of-custody” date though, they remain “in-custody” under the control and supervision of the Bureau of Prisons or Department of Corrections.

The stark reality is that, an individual charged, convicted, and ultimately sentenced in Federal or State court serves 3 sentences:

1. Pretrial supervision

2. Imposed sentence, including but not limited to incarceration, and

3. Supervised release (probation)  

As the First Step Act and the progeny of case law continues to evolve, the mechanisms surrounding the application of FSA credits may also change. Staying informed about these developments is essential for incarcerated individuals and their families.

Correctional institutions can be communicative “black holes”, which often necessitate incarcerated individuals relying on an outside advocate to assist them and/or their families in resolving issues that arise.  As such, Patronus Prison Consulting maintains that the best advice comes from those that have traveled that path before.

Here at Patronus Prison Consulting, we provide clients and their families with ongoing legal and administrative updates and insights into how these changes can affect your situation and what steps you can take to benefit from them. 

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