The First Step Act Broken Down

The First Step Act of 2018

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To give you a better understanding of the First Step Act Earned Time Credits, on January 25, 2024, the United States Sentencing Commission released an interactive map of the Program outlining the benefits of the Earned Time Credits. You can interact with the map here: https://www.ussc.gov/education/first-step-act-earned-time-credits. 

It goes without saying that the Earned Time Credits is the most exciting benefit of the First Step Act. Any person deemed eligible by the law can earn up to a maximum of a year off of their sentence and be released to Supervised Release simply by participating in Evidence Based Recidivism Reduction Programming and Productive Activities. While some individuals are ineligible for FSA Earned Time Credits due to their crime of conviction (covered in FSA Ineligible Crimes), the only other prohibition is an individual who is subject to a final order or removal (deportation). 

Eligibility:

Only those individuals who have a PATTERN Risk Level Classification of Minimum and Low can fully capitalize on using the FSA Earned Time Credits (ETCs) directly without any additional steps needed. An individual who has a period of Supervised Release after incarceration will have the ETCs applied towards release to Supervised Release first up to a maximum of 365 days and any additional credits will be applied towards release to a Halfway House/Home Confinement (RRC). An individual who does not have a term of Supervised Release after the completion of their sentence will not receive a reduction in their sentence, however they will be allowed to use the ETCs towards release to an RRC/HC.