If your loved one is in federal prison, there may be months — sometimes over a year — of sentence reduction sitting on the table. It comes from something called earned time credits, created by the First Step Act of 2018. Here is how it works, in plain language.

What they are. The First Step Act lets people in federal prison earn credits toward earlier release by completing approved programs: classes, vocational training, drug treatment, work assignments. The more qualifying programs completed, the more credits earned.

How they are earned. The BOP assigns each person a risk-and-needs assessment (called PATTERN). People at minimum or low risk earn credits faster. Credits accrue based on days of successful program participation — roughly 10 to 15 days of credit per 30 days of programming.

How they are applied. Credits can be applied toward earlier transfer to home confinement or supervised release. There are caps on how many days can be applied, and the rules differ depending on risk level.

Where mistakes happen. This is the part families should pay attention to. Common problems: the BOP's calculation lags behind the actual programming completed, credits are not applied even after they are earned, or a person is told they do not qualify when they do. The fix is documentation — a written record of every program completed, every date, every certificate — and a formal request for recalculation when the numbers do not match.

Not everyone qualifies. Certain offenses are excluded from earning credits under the statute. If your loved one is told they are ineligible, that determination should be checked against the actual eligibility list — mistakes happen here too.

What families can do. You cannot earn the credits for them, but you can: keep a running log of programs they report completing, keep copies of every certificate, ask them to request their credit calculation in writing, and keep a copy of the response. If the numbers do not add up, that paper trail is the basis for a challenge.

Where Pro Se Help fits. We are not attorneys and this is not legal advice — it is general information. What Pro Se Help does is prepare legal documents for people representing themselves: motions and requests built on the records and facts your family provides, including time-credit challenges. If the BOP's math looks wrong, reach out for a free consultation at prosehelpllc.com.

Common questions

How many days can earned time credits take off a federal sentence?

It depends on the person's risk level and how much programming they complete. People at minimum or low risk earn credits faster, roughly 10 to 15 days of credit per 30 days of programming. There are caps on how many days can be applied toward early release.

Why hasn't the BOP applied my loved one's time credits?

The most common reasons are calculation lag, credits earned but not yet applied, or a wrong ineligibility determination. Have your loved one request their credit calculation in writing and compare it against their program records. If the numbers do not match, file a formal request for recalculation.

Do earned time credits apply to all federal offenses?

No. Certain offenses are excluded from earning credits under the statute. If your loved one was told they are ineligible, check that determination against the actual eligibility list. Mistakes happen here too.

Related reading: /blog/federal-sentence-calculation-errors-check-a-release-date —   —  /blog/beaird-v-united-states-supreme-court-sentencing-case