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First Step Act Time Credits: How They Reduce Federal Prison Time

Updated July 2026

What is the First Step Act?

The First Step Act of 2018 is a federal law designed to reduce recidivism and reform certain federal sentencing and prison practices. One of its most important features for people facing federal prison is the creation of Earned Time Credits (ETC). These credits let eligible federal inmates earn extra good-time credit by completing approved recidivism-reduction programs and productive activities. The result can be a meaningful reduction in the actual time spent in federal prison.

How Earned Time Credits work

Federal inmates already earn up to 54 days of good-conduct credit per year under 18 U.S.C. § 3624(b). The First Step Act adds a second layer: eligible inmates can earn additional time credits by participating in approved programs such as education, job training, substance abuse treatment, and faith-based or life-skills classes.
  • Earn rate: Eligible inmates can earn 10 days of credit for every 30 days of participation in approved programs.
  • Prerelease custody: Credits can be used to move some inmates earlier into prerelease custody such as a halfway house or home confinement.
  • Not a sentence reduction: ETC does not lower the court-imposed sentence. It changes where and how the final portion of the sentence is served.

Who is eligible?

Eligibility depends on the person and the offense. In general, an inmate must:
  • Be classified as having a minimum or low risk of recidivism under the PATTERN risk assessment tool.
  • Participate in approved recidivism-reduction programs or productive activities.
  • Not have a conviction for a disqualifying offense, such as many terrorism crimes, espionage, certain violent offenses, sex offenses, or high-level drug offenses.

Ineligible offenses

The First Step Act lists a broad range of offenses that make an inmate ineligible for ETC. Common examples include:
  • 18 U.S.C. § 844(h) — explosives or destructive devices
  • 18 U.S.C. § 1111, 1114, 1116, 1118, 1119, 1120, 1121 — murder, manslaughter, and killing of certain officers
  • 18 U.S.C. § 113(a) — assault with intent to commit murder or other serious harm
  • 18 U.S.C. § 1201 — kidnapping
  • 18 U.S.C. § 2241, 2242, 2244, 2245 — aggravated sexual abuse and related offenses
  • 18 U.S.C. § 2251 — sexual exploitation of children
  • 18 U.S.C. § 2260 — production of sexually explicit depictions of minors
  • 18 U.S.C. § 2332b — acts of terrorism transcending national boundaries
  • 18 U.S.C. § 2332f — bombing of places of public use
  • 18 U.S.C. § 2381 — treason
  • 21 U.S.C. § 841(b)(1)(A) — certain large-quantity drug offenses carrying 10-year mandatory minimums
  • 21 U.S.C. § 960(b)(1) — comparable import/export drug offenses
  • Attempts, conspiracies, and solicitations to commit the above offenses if punishable by imprisonment for more than one year

The list is detailed and has been updated by the Bureau of Prisons. A federal defense attorney can review the specific statute of conviction to determine whether ETC applies.

How FSA credits interact with the guideline range

The sentencing guideline range calculated by the U.S. Sentencing Guidelines Manual still drives the sentence the judge imposes. The First Step Act does not change that range. Instead, it affects how the sentence is served after the judge pronounces it.
  • The judge determines the guideline range based on the offense level, criminal history category, and any departures or variances.
  • The Bureau of Prisons calculates the actual release date based on statutory good time, earned time credits, and prerelease custody eligibility.
  • ETC is therefore most useful for estimating the real time a person may serve, not the guideline range itself.

Using a FSA calculator

A First Step Act calculator estimates how much prison time a person might actually serve after earning ETC. It usually starts with the sentence length or guideline range and then applies an estimated credit rate based on program participation, risk level, and BOP policy. Because the rules are complex and change over time, any calculator is an estimate only and should be reviewed by a qualified federal defense attorney.

Important limitations

  • ETC rules and the list of disqualifying offenses can be updated by Congress or the Bureau of Prisons.
  • Not every federal prison offers the same programs, so actual credit-earning opportunities vary by facility.
  • Risk level assessments can change, and inmates may be reassessed over time.
  • ETC does not apply to state sentences or sentences imposed by courts outside the federal system.

Get a federal sentencing estimate for the Western District of Texas

If you are facing federal charges in the Western District of Texas, start with our free federal sentencing guideline calculator to estimate the advisory range. Then discuss with a federal defense attorney how the First Step Act, ETC, and other post-sentencing factors may affect actual time served.

Disclaimer: This guide is educational and not legal advice. The First Step Act and Earned Time Credit rules are complex and change over time. We are not a law firm. Consult a licensed federal defense attorney for advice about your specific case.