Federal sentencing
How Early Release From Prison Works
There is no parole in the federal system. Time comes off a federal sentence only through a short list of paths set by law, and each one has its own rules.
Yes, but only through specific paths set by law. There is no parole for federal crimes committed on or after November 1, 1987. Instead, time can come off a federal prison sentence through good conduct time, First Step Act time credits, drug treatment (RDAP), a court-ordered sentence reduction or clemency.
Halfway house and home confinement time also lets the last part of a sentence be served outside a prison. This page gives a short overview of each path for you or someone you love, with links to our longer guides. It covers federal prison sentences only. It is general information, not legal advice for any one case.
Why there is no federal parole
The Sentencing Reform Act of 1984 ended parole for federal crimes committed on or after November 1, 1987. The U.S. Parole Commission keeps jurisdiction over federal offenses committed before that date (U.S. Department of Justice, U.S. Parole Commission; Bureau of Prisons, legal matters). For everyone else, the judge's sentence is the starting point, and only the paths below can shorten it or move the last part of it out of prison.
Most federal sentences also include a term of supervised release, a period of court supervision that starts after prison. It is not parole and does not replace any prison time. See our guide to supervised release.
The paths at a glance
| Path | Who decides | What it can do | Law |
|---|---|---|---|
| Good conduct time | Bureau of Prisons (BOP) | Up to 54 days off for each year of the sentence imposed | 18 U.S.C. § 3624(b) |
| First Step Act time credits | BOP | Earlier transfer to prerelease custody, or supervised release up to 12 months early | 18 U.S.C. §§ 3632(d)(4), 3624(g) |
| RDAP | BOP | Up to one year off for eligible people who finish the program | 18 U.S.C. § 3621(e)(2)(B) |
| Halfway house and home confinement | BOP | Up to the last 12 months served in the community, still in BOP custody | 18 U.S.C. § 3624(c) |
| Elderly offender home detention | BOP, for the Attorney General | Rest of the sentence at home; the law set the program for fiscal years 2019 to 2023 | 34 U.S.C. § 60541(g) |
| Compassionate release | The sentencing judge | A shorter sentence for extraordinary and compelling reasons | 18 U.S.C. § 3582(c)(1)(A) |
| Other sentence reductions | The sentencing judge | A lower sentence after a retroactive Guidelines change or a government motion | 18 U.S.C. § 3582(c)(2); Fed. R. Crim. P. 35(b) |
| Clemency | The President | A commutation that shortens the sentence | U.S. Const. art. II, § 2 |
Good conduct time
A person serving more than one year (other than life) can earn up to 54 days of credit for each year of the sentence the judge imposed. The BOP awards it only if the person showed "exemplary compliance" with prison disciplinary rules that year, and credit that is not earned cannot be granted later (18 U.S.C. § 3624(b)(1)). As simple math, someone who earns every day of it serves about 85% of the sentence.
The BOP, not the judge, works out the projected release date, including good conduct time and jail credit for time in custody before sentencing (18 U.S.C. § 3585(b)). Our guide to federal sentence computation explains how the BOP works out jail credit, good conduct time and the release date.
First Step Act time credits
The First Step Act of 2018 created earned time credits. An eligible person earns 10 days of credit for every 30 days of approved programs or productive activities, and 15 days if the person's risk level is minimum or low and has not gone up over two assessments in a row (18 U.S.C. § 3632(d)(4)(A)). People convicted of a long list of offenses cannot earn them (§ 3632(d)(4)(D)).
Credits "shall be applied toward time in prerelease custody or supervised release" (§ 3632(d)(4)(C)). If the judge imposed a term of supervised release, the BOP can start it up to 12 months early based on credits (18 U.S.C. § 3624(g)(3)). Our post on First Step Act time credits and FSA early release explains the credits and the other First Step Act paths.
RDAP
The Residential Drug Abuse Program (RDAP) is the BOP's intensive drug treatment program. For a person convicted of a nonviolent offense who completes it, the BOP may cut up to one year from the time the person must otherwise serve (18 U.S.C. § 3621(e)(2)(B)). The BOP decides who gets in and who qualifies for the reduction, and its rules exclude some people, such as those with a current felony involving a firearm (28 C.F.R. § 550.55).
Halfway house and home confinement (prerelease custody)
The BOP can place a person in prerelease custody for up to the last 12 months of the sentence, "to the extent practicable" (18 U.S.C. § 3624(c)(1)). That usually means a halfway house, which the BOP calls a Residential Reentry Center, and then home confinement for the shorter of 10% of the prison term or six months (§ 3624(c)(2)). The 12-month and 10%-or-six-month limits do not apply to prerelease custody earned with First Step Act credits (§ 3624(g)(10)).
Prerelease custody does not shorten the sentence. The person is still serving it and is still in BOP custody, but outside a prison. See our guides to federal halfway houses and federal home confinement.
The elderly offender home detention program
A separate law let the BOP move some prisoners aged 60 or older, who had served two-thirds of the term and met other conditions, to home detention for the rest of the sentence (34 U.S.C. § 60541(g)). The statute says the program "shall be carried out during fiscal years 2019 through 2023" (34 U.S.C. § 60541(g)(3)), and it has not been renewed, so it isn't open to new requests now. Our home confinement guide covers the old eligibility rules and the routes that remain, and our post on the 2019 Elderly Offender memo explains how the BOP set it up.
Compassionate release
Compassionate release is a court order that shortens a sentence for "extraordinary and compelling reasons," such as a terminal illness. The person must first ask the warden, and can file in court after using up the BOP's appeals or 30 days after the warden receives the request, whichever is earlier (18 U.S.C. § 3582(c)(1)(A)). Our sister site explains who is eligible for compassionate release.
Other sentence reductions
A judge can lower a final sentence only in a few situations. Two common ones are a Guidelines change that the Sentencing Commission makes retroactive (18 U.S.C. § 3582(c)(2)) and a government motion for substantial help given after sentencing (Fed. R. Crim. P. 35(b)). See our guides to sentence reductions and 18 U.S.C. § 3582.
Clemency
The President can commute a federal sentence, which shortens it, under the pardon power in the Constitution (U.S. Const. art. II, § 2). Clemency is entirely up to the President. Our sister site clemency.com covers how to ask.
Common questions
Is there parole in federal prison?
No, not for federal crimes committed on or after November 1, 1987. The Sentencing Reform Act of 1984 ended federal parole for those crimes, and the U.S. Parole Commission now handles mainly older cases (U.S. Department of Justice, U.S. Parole Commission). Supervised release, which follows prison, is not parole and does not replace prison time.
Can you get early release from federal prison?
Yes, but only through paths set by law. The BOP controls good conduct time, First Step Act time credits and the RDAP reduction (18 U.S.C. §§ 3624(b), 3632(d)(4), 3621(e)). A judge can reduce a sentence only in narrow cases such as compassionate release (18 U.S.C. § 3582(c)), and the President can commute a sentence.
How can you help a federal inmate get early release?
Start with the facts the BOP uses: the judgment, the BOP's sentence computation and the latest First Step Act time credit report. The person in prison can then raise RDAP, credits and prerelease custody with the unit team in writing, and use the BOP's administrative remedy process if a decision looks wrong (28 C.F.R. § 542.10). Family and friends can help by building a release plan with a home address and job leads, which the BOP looks at for halfway house and home confinement placement.
How can an older federal inmate get early release?
The main options are compassionate release, which can be based on age along with serious health decline under the Sentencing Commission's policy statement (USSG §1B1.13), and the usual BOP paths such as time credits and home confinement. The elderly offender home detention program in 34 U.S.C. § 60541(g) was set by law for fiscal years 2019 through 2023, so ask the unit team in writing whether the BOP still accepts requests under it.
Have a question about early release for yourself or someone you love? Request a consultation and tell us what happened.