The First Step Act, Explained: What It Means for a Federal Prisoner

The First Step Act (Pub. L. 115-391) is a federal law signed on December 21, 2018. It does two big things. It lowers some federal sentences, and it changes how the Bureau of Prisons (BOP) calculates release dates, through more good conduct time, new earned time credits, and wider use of home confinement and compassionate release. If someone you love is in federal prison, it may affect when they come home.

Update (October 2026): This post first reproduced, in full, the Bureau of Prisons' August 2019 FAQ on the First Step Act. Below, every one of the BOP's questions and answers is restated in plain language. Where the law has changed since 2019, or where a later court decision or regulation shows the BOP's answer is no longer right, we added a dated note and a source. We also added a short section on the sentencing changes, including later Supreme Court decisions.

We have written about the First Step Act since it passed. Eight months after it became law, many people still had questions, and we were often asked for a plain summary. In 2019 the BOP finally released a set of Frequently Asked Questions. That FAQ still matters because it shows how the agency reads its own duties under the law.

Part 1: Changes to sentencing

Did the First Step Act lower mandatory minimums for repeat drug offenders?

Yes. Section 401 lowered the extra prison time that prior drug or violent convictions can add, if the government files a notice under 21 U.S.C. § 851. In the top drug tier, one qualifying prior now raises the minimum to 15 years instead of 20. Two or more raise it to 25 years instead of life. 21 U.S.C. § 841(b)(1)(A).

This change is not retroactive. It applies to offenses committed before December 21, 2018, only if no sentence had been imposed by that date.

What is the "safety valve," and did it change?

The "safety valve" lets a judge go below a drug mandatory minimum for people who meet certain conditions. 18 U.S.C. § 3553(f). Section 402 opened it to more people with some criminal history.

Today you must not have any of these: more than 4 criminal history points (not counting 1-point offenses), a prior 3-point offense, or a prior 2-point violent offense. Having any one of them disqualifies you. Pulsifer v. United States, 601 U.S. 124 (2024). You must also meet the other safety-valve conditions, such as truthfully telling the government what you know about the offense.

What happened to "stacking" gun charges under § 924(c)?

Before the First Step Act, a second § 924(c) gun charge in the same case could bring a 25-year mandatory sentence stacked on top of the first. Section 403 ended that. Now the 25-year penalty applies only if an earlier § 924(c) conviction was already final.

Section 403 is not retroactive for sentences that are still in place. But if your old sentence is vacated (thrown out) and you are resentenced, the new, lower penalties apply. Hewitt v. United States, No. 23-1002 (U.S. June 26, 2025).

Part 2: The BOP's First Step Act FAQ, in plain language

What is the First Step Act?

The First Step Act (FSA) is a law signed on December 21, 2018. Many of its parts affect people in BOP custody and their families. According to the BOP, the law:

• gives judges more room when imposing mandatory minimum sentences,
• lets people in prison earn more good conduct time,
• increases BOP programs that aim to reduce reoffending and meet each person's needs,
• offers earned time credits for finishing those programs and "productive activities," and
• expands chances to be placed in a halfway house (residential reentry center) or on home confinement.

Do military or state prisoners benefit from the First Step Act?

The BOP's risk and needs assessment system is used for everyone in BOP custody. Everyone gets a risk category and a needs assessment.

But people serving military or state sentences cannot earn time credits. That part of the law covers only people convicted of federal (U.S. Code) offenses. The same was true of the Second Chance Act home confinement pilot program, which has ended, and is true of the compassionate release changes in 18 U.S.C. § 3582.

The BOP said it will still consider military and state prisoners for prerelease custody under its existing release-preparation policies.

General BOP policies apply to everyone in BOP custody, including military and state prisoners. These include:

• no restraints on pregnant prisoners (with limited exceptions),
• free sanitary products for women,
• help getting identification before release, and
• extra privileges for taking part in programs and productive activities.

How did compassionate release change under the First Step Act?

Before the First Step Act, only the BOP could ask a judge for compassionate release. Compassionate release is also called a "reduction in sentence" (RIS). Section 603 lets you file the motion with the court yourself. First, you must ask the warden. Then you can file after 30 days pass from the warden's receipt of your request, or after you finish the BOP's appeal process, whichever comes first. 18 U.S.C. § 3582(c)(1)(A).

You must show "extraordinary and compelling reasons," such as a terminal illness, serious medical decline with age, or family caregiving needs. USSG §1B1.13.

Update (2026): Two 2026 Supreme Court decisions set limits. A change in law that Congress did not make retroactive is not a valid reason. Rutherford v. United States, No. 24-820 (U.S. May 28, 2026). And a claim that your conviction is invalid must be brought under 28 U.S.C. § 2255, not as compassionate release. Fernandez v. United States, No. 24-556 (U.S. May 28, 2026).

What are the options for someone who is terminally ill?

A person with a terminal illness can apply for compassionate release. The Second Chance Act home confinement pilot program also covered terminally ill people, but Congress authorized it only for fiscal years 2019 through 2023, so it isn't open to new requests now. 34 U.S.C. § 60541(g)(3). (See the pilot program questions below.)

How do you apply for compassionate release?

According to the BOP, a person who meets the criteria starts by making a request through their Unit Team. The Warden reviews it. The BOP Director makes the final decision on whether the BOP will ask the court for release. The statute refers to a request made to the warden, so make sure your written request reaches the warden and keep a copy. 18 U.S.C. § 3582(c)(1)(A).

Also, under the First Step Act, you can file your own compassionate release motion with the sentencing court 30 days after the warden receives your request, or after you finish the BOP's appeal process.

How is the BOP making sure people are within 500 miles of home?

The First Step Act requires the BOP to place a person as close as practicable to their primary residence. Where practicable, that means a facility within 500 driving miles. 18 U.S.C. § 3621(b).

The BOP looks at many factors:

• bed space,
• the person's security level,
• program needs,
• mental and medical health needs,
• any faith-based request the person makes,
• the sentencing court's recommendations, and
• other BOP security concerns.

The BOP will consider a transfer closer to home even if the person is already within 500 driving miles of their release residence. Courts cannot review the BOP's placement decisions. 18 U.S.C. § 3621(b).

Can family members ask to have someone moved closer to home?

No. A transfer request must come from the person in prison. The First Step Act also requires the BOP to consider a person's wish to stay at their current facility.

How can someone get early release or more halfway house or home confinement time under the First Step Act?

The BOP listed four ways:

1. Fair Sentencing Act motion. File a motion with the court for a lower sentence under the Fair Sentencing Act part of the First Step Act (Section 404). This applies only to certain crack cocaine offenses. See below.
2. Earned time credits. Earn credits by finishing approved programs and productive activities, unless you were convicted of an offense that makes you ineligible.
3. Compassionate release. Ask for compassionate release (a reduction in sentence) based on extraordinary and compelling reasons, such as a terminal illness, a disabling condition, or other criteria.
4. Elderly offender pilot. When the BOP wrote this list, people could also ask to take part in the elderly offender home confinement pilot. That pilot ran only for fiscal years 2019 through 2023 and isn't open to new requests now. 34 U.S.C. § 60541(g)(3).

Is good conduct time counted when deciding eligibility for the elderly offender pilot?

No. When the pilot ran, a person had to have served two-thirds of "the term of imprisonment to which the offender was sentenced." The BOP did not subtract good conduct time when doing this math. The pilot ended after fiscal year 2023. 34 U.S.C. § 60541(g).

How do you apply for a sentence reduction under the Fair Sentencing Act part of the First Step Act?

Section 404 lets the defendant, the BOP Director, the prosecutor, or the court ask for a lower sentence if the offense is a "covered offense" under the Fair Sentencing Act of 2010. Pub. L. 115-391, § 404.

You cannot use Section 404 if:

• your sentence was already imposed or reduced under the Fair Sentencing Act of 2010, or
• an earlier Section 404 motion was denied after a complete review on the merits.

The BOP's FAQ listed these covered statutes:

• 21 U.S.C. § 841(b)(1)(A),
• 21 U.S.C. § 841(b)(1)(B),
• 21 U.S.C. § 960(b)(1), and
• 21 U.S.C. § 960(b)(2).

Correction: That list is too broad as written. Only the crack cocaine parts of those statutes were changed by the Fair Sentencing Act, so only crack cocaine offenses under them qualify. Low-level crack offenses under § 841(b)(1)(C) do not qualify. Terry v. United States, 593 U.S. 486 (2021).

Even if you qualify, the judge does not have to lower your sentence. Pub. L. 115-391, § 404(c). When deciding, the judge may consider later changes in law or facts, such as your conduct in prison. Concepcion v. United States, 597 U.S. 481 (2022).

To ask for a reduction, file a motion with the court that sentenced you.

Is the Fair Sentencing Act retroactive?

Yes. The First Step Act made the Fair Sentencing Act of 2010 retroactive. People convicted of covered crack offenses committed before August 3, 2010, may ask the court for a lower sentence, as if the Fair Sentencing Act had been in effect when they committed the offense. Pub. L. 115-391, § 404(a)–(b). See our Fair Sentencing Act FAQ for who qualifies.

How does the First Step Act expand prison jobs through Federal Prison Industries?

Federal Prison Industries (FPI) does business under the name UNICOR. The First Step Act lets it sell its products to four new kinds of buyers:

1. public agencies, for use in jails and prisons;
2. public agencies, for disaster relief or emergency response;
3. the government of the District of Columbia; and
4. tax-exempt nonprofits (501(c)(3), 501(c)(4), or 501(d) groups), for products other than office furniture.

The BOP said these new markets will help UNICOR create more jobs and job-skill training for people in prison.

Will the BOP add more UNICOR jobs?

The BOP said it expects the new sales authority to help UNICOR increase prison employment.

How did the First Step Act change good conduct time?

Good conduct time is time taken off your sentence for following prison rules.

Before the First Step Act, people could earn up to 54 days for each year actually served. The BOP also pro-rated (cut down) the amount for the last year. That worked out to about 47 days per year of the sentence.

Now, people can earn up to 54 days for each year of the sentence the judge imposed. 18 U.S.C. § 3624(b).

Do you still earn good conduct time if you cannot earn time credits?

Yes. Being ineligible for First Step Act time credits doesn't affect good conduct time. A person serving a federal prison term of more than one year, other than a life sentence, can earn up to 54 days for each year of the sentence imposed, for an offense committed on or after November 1, 1987. The amount depends on conduct in prison and, for some people, progress toward a high school diploma or GED (18 U.S.C. § 3624(b)).

When did the good conduct time change take effect?

July 19, 2019. That is the date the Department of Justice published the risk and needs assessment system.

Is the good conduct time change retroactive?

Yes. It applies to people who committed their crimes before the First Step Act became law on December 21, 2018.

But only these people can earn up to 54 days of good conduct time:

• people convicted of a federal offense committed on or after November 1, 1987, and
• people convicted of a D.C. Code felony committed on or after August 5, 2000.

Is anyone in BOP custody left out of the good conduct time change?

Yes. Only the two groups listed in the answer above get the new calculation.

Note: Under D.C. Code § 24-403.01, people convicted of D.C. Code felonies committed on or after August 5, 2000, have their good conduct time calculated the same way as federal prisoners.

Are there limits on home confinement?

Yes. In general, people who cannot use earned time credits can be placed on home confinement only for the shorter of 10 percent of their prison term or 6 months. 18 U.S.C. § 3624(c)(2). The BOP must, where practicable, give lower-risk, lower-needs people the most home confinement the law allows.

When the Second Chance Act home confinement pilot ran (fiscal years 2019 through 2023), people in it could be placed on home confinement only after serving two-thirds of their sentence.

What is the BOP doing to make sure people have ID when they leave prison?

BOP policy already told staff to help people get identification before release. The First Step Act wrote this into law. Staff give reasonable help getting:

• a Social Security card,
• a driver's license or other official photo ID, and
• a birth certificate.

How does the BOP screen people for its medication-assisted treatment (MAT) program?

As of 2019, the BOP screened people for its MAT program if they were within six months of moving to a halfway house and met at least one of these criteria:

• a diagnosis of opioid use disorder (under the ICD-9 or DSM-5),
• a history of opioid use noted at the mental health intake,
• a urine test positive for opioids, or
• a self-referral.

Note (2026): These screening criteria come from the BOP's 2019 FAQ. The BOP's MAT program may have changed since then. Ask medical staff about current criteria.

What does a naltrexone shot do?

A naltrexone shot is an extended-release injection. It blocks opioid receptors in the brain, so taking opioids does not bring the usual "high." It can make it much easier for a person to resist seeking out opioids.

Does the halfway house naltrexone program require counseling, too?

Yes. The halfway house MAT naltrexone program requires ongoing counseling for as long as treatment lasts. Counseling and medication are both key parts of each person's treatment plan.

Did the First Step Act change RDAP?

According to the BOP's 2019 FAQ, the Residential Drug Abuse Program (RDAP) did not change.

Can you get both the RDAP early release and the new good conduct time?

Yes. The BOP first adjusts your projected release date using the new good conduct time math. Then it reviews people in RDAP to decide how much of a sentence reduction is appropriate under 18 U.S.C. § 3621(e).

What is the risk and needs assessment system for?

The BOP uses this system to measure each person's risk and needs. It:

• rates each person's risk of reoffending as minimum, low, medium, or high,
• estimates, where practicable, each person's risk of violent or serious misconduct, and
• helps staff decide what kind of programs, and how much, each person should get, based on that person's specific needs (called "criminogenic needs").

Your rating also affects how many time credits you earn and whether you can use them.

What is the Second Chance Act home confinement pilot program?

The First Step Act expanded a pilot program that let some elderly and terminally ill people finish their sentence on home confinement. Congress authorized it only for 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. Other routes may still fit: ordinary BOP home confinement near the end of a sentence (18 U.S.C. § 3624(c)(2)), First Step Act time credits, and compassionate release. Each has its own rules.

Who is eligible for the pilot program?

When the pilot ran, eligible people were:

1. Eligible elderly offender: a person in BOP custody who was at least 60 years old and had served two-thirds of the prison term the judge imposed.
2. Eligible terminally ill offender: a person in BOP custody whom a BOP-approved doctor had found to be either:
   • in need of care at a nursing home, intermediate care facility, or assisted living facility, as defined in section 232 of the National Housing Act (12 U.S.C. § 1715w), or
   • diagnosed with a terminal illness.

The statute added other conditions. For example, people serving life sentences and people convicted of certain violent, sex, terrorism, or espionage offenses were not eligible. The BOP also had to find that home detention would not create a substantial risk of new crimes or danger to others. 34 U.S.C. § 60541(g)(5).

Can someone go straight to home confinement under the elderly offender pilot, or must they go to a halfway house first?

When the pilot ran, people approved for it could go straight from prison to home confinement. They did not have to go to a halfway house first. The pilot isn't open to new requests now.

Can you apply for the elderly offender pilot before you are eligible?

The pilot isn't open to new requests now. When it ran, people could apply within six months of eligibility (that is, within six months of serving two-thirds of their sentence). The BOP said it would return applications filed earlier than that.

Who can earn time credits?

Earned time credits (often called "FSA credits") are a reward for taking part in approved programs and productive activities, such as classes and work. You can earn them if:

1. you were convicted of a federal (U.S. Code) offense, and
2. you were not convicted of an offense that makes you ineligible.

Under 18 U.S.C. § 3632(d)(4):

• You earn 10 days of credit for every 30 days of successful participation.
• If you are rated minimum or low risk and your risk has not gone up over two assessments in a row, you earn 5 more days per 30 days.
• You cannot earn credit for programs finished before December 21, 2018, or while held before sentencing.

The list of disqualifying offenses is long. 18 U.S.C. § 3632(d)(4)(D). It includes § 924(c) gun convictions, many violent and terrorism offenses, sex offenses, and certain drug offenses, including some fentanyl offenses.

Can non-citizens earn time credits?

They can earn them. The BOP's 2019 FAQ said they would not be considered for prerelease custody if they had a final order of removal.

Correction: The statute goes further. A person subject to a final order of removal cannot use (apply) earned credits at all, for either prerelease custody or early supervised release. 18 U.S.C. § 3632(d)(4)(E).

Who can have time credits applied?

Credits can move you to prerelease custody (a halfway house or home confinement) or to supervised release earlier. 18 U.S.C. § 3624(g).

• Prerelease custody: You must be rated minimum or low risk on your last two assessments. People rated medium or high risk may also qualify if the warden approves a petition. The warden must find that you are not a danger to the community, are unlikely to reoffend, and made a good-faith effort to lower your risk through programs or productive activities.
• Early supervised release: The BOP Director may start your supervised release up to 12 months early based on credits. You must be rated minimum or low risk on your last assessment.

Can time credits be taken away or restored?

Yes. You can lose credits for breaking prison rules or the rules of a program or productive activity. The BOP must tell you in writing.

The BOP can only take away credits you had already earned as of the date of the violation. The BOP must also set rules for restoring lost credits, based on your progress after the violation. 18 U.S.C. § 3632(e). The BOP's rules on losing and restoring credits are now in its regulations at 28 C.F.R. part 523.

Which programs and productive activities earn time credits?

In 2019 the BOP said it would soon name the approved programs and activities. The BOP has since published lists of approved programs. Ask your unit team for the current list.

The BOP said you will only get credit for programs and activities assigned to you as qualifying programs or productive activities.

If you cannot earn time credits, are there other benefits to taking programs?

Yes. The BOP said programs have value on their own. People who cannot earn time credits may also get other rewards, such as more phone minutes, more visiting time, and other incentives the BOP will describe. 18 U.S.C. § 3632(d).

Is there any way to get priority for programs or activities?

During the two-year phase-in of the risk and needs assessment system, the BOP gave priority based on release date. People closer to release went first.

Priority for recidivism reduction programs goes to people rated medium and high risk. Priority for productive activities goes to people rated minimum and low risk. 18 U.S.C. § 3621(h).

Note (2026): The two-year phase-in period ended in January 2022. 18 U.S.C. § 3621(h).

Do faith-based classes count for time credits?

Yes. Under the First Step Act, faith-based classes or services that otherwise meet the rules for approved programs can earn time credits. The BOP approves them in the same way as other programs.

What else changed?

The First Step Act also:

• Requires the BOP to help people get ID before release, such as a Social Security card and birth certificate.
• Requires free tampons and sanitary napkins.
• Limits the use of restraints on pregnant prisoners.
• Lets Federal Prison Industries (UNICOR) sell to more buyers, to create more prison jobs.

How to check a release date

The First Step Act is complex, and BOP release-date calculations are worth checking carefully. A few practical steps:

• Get the paperwork. Ask the unit team for the sentence computation sheet and the latest FSA time credit assessment. Compare them with the judgment, the court's written order stating the sentence.
• Raise errors in writing. If credits or good conduct time look wrong, start with an informal request to staff, then a formal administrative remedy request (Form BP-9). The BP-9 is generally due within 20 calendar days of the event you are challenging. 28 C.F.R. § 542.14(a). Finishing the BOP's appeal process is usually required before a court will review a credit dispute.
• Keep it off recorded lines. Prison phone calls and TRULINCS email are monitored. Do not discuss the facts of a criminal case there.

What to do next

Facing a federal sentence? Book a consultation to talk it through with Brandon Sample.