First Step Act: Earning Time Off On Home Confinement & Halfway House
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- čas přidán 22. 08. 2024
- By now, everyone knows that people in federal prisons can earn time credits under the First Step Act and redeem their time credits for earlier transfer to a halfway house, home confinement, or supervised release.
But did you know that people already at the halfway house or home confinement can accumulate more earned time credits to apply towards reduced supervised release?
Yes, in a little-noticed about-face last week, the Federal Bureau of Prisons (BOP) admitted that it would award First Step Act earned time credits for productive activities and programs people join in their communities after release from a prison facility.
Discussion
More people than ever before are now spending significant amounts of time at halfway houses and home confinement due to the COVID-19 pandemic. It is one of the goals of the CARES Act to reduce the federal prison population by having people continue to serve their sentence on home confinement to reduce the spread of COVID-19.
In the COVID-19 era, thousands of people are spending a year or more serving the end of their federal sentence on home confinement. As of last week, they can earn time credits and accelerate their release from custody.
That’s because they can engage in productive activities and programs and earn First Step Act earned time credits. They can then apply the earned time credits to reduce their time on home confinement or supervised release.
The Federal Bureau of Prisons opposed this approach but has retracted its opposition.
The BOP’s Initial View
The BOP initially proposed that earned time credits under the First Step Act can “only be earned while an inmate is in a BOP facility and will not be earned if an inmate is in a Residential Reentry Center or in home confinement.”
The BOP’s interpretation of the First Step Act in this regard was incorrect and inconsistent with the goals of the First Step Act. Therefore, the BOP was forced to retract its opposition last week publicly.
Before the final rule was published on January 13, 2022, critics of the BOP’s original approach suggested that BOP needed to revise its approach and allow people to earn time credits while in an RRC/halfway house or on home confinement.
Congressman Hakeem Jeffries (D-NY) was very vocal, stating:
“I see no reason to make individuals in Residential Reentry Centers (RRCs) or in-home confinement ineligible to earn time credits. . . . Congress could have used a narrower definition or explicitly excluded certain categories of individuals based on where they serve their sentence, but it chose not to do so.”
Thankfully, the BOP carefully considered the comments from Congressman Jeffries and many others.
The First Step Act does not ban people from earning time credits while in home confinement or in a halfway house or Residential Re-entry Center (RRC).
So, can you earn First Step Act time credits on home confinement or halfway house?
Yes, the First Step Act provides that “prisoners,” (people in the custody of the BOP) can earn time credits, and nothing in the law excludes those in home confinement or at a halfway house from earning time credits.
Let’s go through the analysis in more detail.
A “prisoner” is “a person who has been sentenced to a term of imprisonment pursuant to a conviction for a Federal criminal offense, or a person in the custody of the Bureau of Prisons.”
Because “[p]re-release inmates at an RRC remain in Federal custody while serving a sentence imposed by a US District Court or DC Superior Court,” they are “prisoners” under the First Step Act.
The First Step Act does not distinguish between “prisoners” who are serving their sentence in a BOP prison facility, in an RRC, or on home confinement. The key is that the prisoner remains in the custody of the BOP.
Moreover, the First Step Act allows people to apply earned time credits to reduce their term of supervised release. Since earned time credits earned while at the halfway house or home confinement can be redeemed for time off supervised release yet to come, there is a benefit and incentive for people to keep earning time credits.
Allowing people at a halfway house or RRC to continue to earn time credits by participating in programs and productive activities that reduce the risk of re-offending is consistent with the purposes of the First Step Act.
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And never got in trouble while doing 83 months, 3 days, on 110 month sentence.
Why don't these guys explain rule 35 reduction?
Can be done multiple times.
2 level reduction (5 years)
Relatives can earn it for inmate.
If you got a four-year sentencing with no parole can you be eligible for the halfway house?
Is 6 months halfway house and 6 months home confinement part of the fsa
Is a prisoner eligible for the 1st step act program if they were sentenced to 33 months ?
Can I get off home confinement early and go straight to supervision
On home confinement and got 12 months off out date BUT still have earned 23 months total. Filed B p 9 and filed the appeal to get my earned credits how or who can help get credits. A lot of us on home confinement having this problem first step act earned credits . I’m checking in at the Halfway House every week they don’t have answers Please Help. The problem is the bop is just trying to give one year off out date but many people like me have earned more and trying to get to supervise probation
What happened?
Did u get this figured out?
How can I schedule a consultation this is very helpful
Do I qualify for good time for being on home confinement please help
Drugs charge only
I completed the GED program, as well as R-dap program. And has not received any relief from first step act. #42428-044.