BOP Program Statements Regarding the First Step Act

February 20th Update: Persons with Detainers No Longer Foreclosed From Application of FTC Credits

The Bureau of Prisons has indicated that the following language has been removed from the program statement concerning the application of FSA Time Credits

The highlighted text in has been changed (either added or struck through) in Section 10. APPLICATION OF FTCs:

While inmates with unresolved pending charges and/or detainers may earn FTCs, if otherwise eligible, they will be unable to apply them to prerelease custody or release to supervision unless the charges and/or detainers are resolved. An inmate with an  unresolved immigration status will be treated as if he/she has unresolved pending charges with regard to the application of FTCs.

Previously, our office received many calls from individuals who were otherwise eligible to receive FTC credits. We heard of instances where individuals were being denied application of the FTC’s because of pending charges or detainers from other courts.  Sometimes, we even heard of questioning immigration status.  This program statement resolves this issue in favor of the incarcerated persons.

The detainer language has also been removed from other portions of the regulations, such as:

For inmates who meet the following criteria, up to 365 days of earned FTCs will be automatically applied to early release:

-Has a term of supervised release to follow the term of incarceration
-Has a low or minimum PATTERN risk level
-Has maintained a low or minimum PATTERN risk level for at least two consecutive assessments conducted during regularly scheduled Program Reviews
-Is not the subject of a final order of removal under immigration laws, and
-Has not opted out or refused to participate in any required program, and therefore, is in earning status.

A more detailed summary of changes to the program statements will be coming soon!