The analysis you will receive shows the potential Federal Time Credits an individual can earn during incarceration as well as other important information to assist in monitoring the sentence and provides important dates to follow.
NOTE: A Conditional Projection is based on several key items that must be followed throughout the term of imprisonment to maximize the earning potential. The first key item to note is to NOT to get any incident reports. The second key item is the continued participation in all First Step Act “REQUIRED” programming (programming assigned specifically by the Unit Team and Case Manager) as well as additional programming chosen by the individual to stay “active” in programming activities. This includes all Evidence Based Recidivism Reduction (EBRR) Programming and Adult Continuing Education (ACE) Classes, Work Programs, Financial Responsibility Programs and Psychology Programming (Drug Education, RDAP, etc).
Only those individuals who have a PATTERN Risk Level Classification of Minimum and Low can fully capitalize on using the FSA Federal Time Credits (FTCs) directly without any additional steps needed. An individual who has a period of Supervised Release after incarceration will have the FTCs 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 FTCs towards release to an RRC/HC.
Finally, the analysis provided is only a projection and based on information supplied from either you directly (pre-surrender), a loved one and or other sources of publicly available information. It is only a projection of potential Federal Time Credits one can earn provided they follow all rules required under the First Step Act. You must be Eligible. You must Participate. You cannot be in Refusal Status.
While USA First Step strives to provide the most accurate data possible to assist you, there are times when certain unknown variables interfere with providing a 100% accurate picture of your time. Unknown variables include items such as incorrect allowances for prior time credit (time spent in custody prior to sentencing). Other unknown variables include loss of Good Conduct Time, earned Extra Good Time, loss of First Step Act Earned Time, etc. The worksheet provided is an evolving map of your time and should be updated and monitored as needed.
Please Note: USA First Step is not a law firm nor do we provide or offer legal assistance or services. USA First Step is dedicated to assisting individuals navigate the First Step Act and provide information needed to help you monitor your time and journey. While every effort is made to provide as accurately as possible a detailed analysis, we are limited by the unknown variables mentioned earlier and therefore can not be held liable for any inaccuracies. In other words, don’t bother trying to sue us if our numbers are slightly off and don’t pack your bags based on our projections. That should cover the legalese requirements.
Included in the Analysis are the following:
Days Served:
Days Served are the total number of days served since your surrender date. It does not include any Prior Time Credit, only the amount of days after sentencing and surrender into BOP custody. This is important because you do not earn FSA FTCs while in Pretrial Custody.
FSA Federal Time Credits Earned:
The number of First Step Act Federal Time Credits an individual earned based on current BOP policy and Federal Statute. You must have 30 Days in custody (BOP Facility) to earn FSA FTCs. Every 30 days will earn you either 10 Days FTCs or 15 Days FTCs based on the amount of time served and PATTERN scores.
Percentage of Time Served:
Percentage of Time Served calculates the total number of days in custody and includes Prior Time. The calculation is based on the Total Time of the Statutory Term Sentence minus any prior time, deducts the total time served to date (End of Month) Time in BOP Custody and then Divides that into the Total Time To Serve. The Percentage Time Served is the Statutory Term which is Full Term Sentence minus Good Conduct Time. The calculation looks like this: “=1-(# Of Days to Serve-# Of Days Served)/# Of Days To Serve. The Percentage Days Served is an important number to know if and when there are changes to laws that bring back the Time Percentage issue. Currently there are no statutes or policies in place that allows for releasing an individual based on percentage of time served. This may change soon.
Location:
Location information is a best case scenario of where you will be while serving your Term of Imprisonment (TOI). Initially your TOI will be incarcerated within a BOP facility. Once you get towards your EARNED FTCs numbers, you could be released to a Residential Reentry Center (RRC), which is the same as a Halfway House or placed on Home Confinement (HC). In both cases, you are still under BOP Authority and any incidents or rules violations could result in a return to BOP custody. Once you are released from BOP custody, you will be placed on Supervised Release (SR). If you are an RDAP participant, you will be required to participate in Transitional Drug Abuse Treatment (TDAT) which is typically completed while at an RRC. Note that RDAP Participants are eligible for an early release from prison based on the length of their sentence in the following amounts (see BOP Program Statement 5331-CN2, 18 USC § 3621(e)):
Sentence Details:
On the right of the table is a synopsis of the Sentence Details based on all information either provided or obtained from a public source. Information included shows Date of Sentence, Surrender/BOP Commitment Date, Length of Sentence, Good Conduct Time based on the Term of Imprisonment and Prior Time Credited. Immediately below that will show the Full Term Sentence in Days with Full Term Release Date, the Statutory Term of Imprisonment (Full Term Number of Days minus Good Conduct Time) with Statutory Release Date and the total number of Projected First Step Act Federal Time Credits with the FSA Release Date. ALL RELEASE DATES INCLUDE THE DEDUCTION OF PRIOR TIME. Immediately under the Date Projections lists the date of the FSA Calculation run was completed along with days served to date (including Prior Time) and Percentage Time Served calculations (only if incarcerated).
Useful Dates To Know:
Immediately to the right of the table and under the Sentence Details is a list of important dates for an individual to pay attention to. Included in the list are the following:
A note about FSA Federal Time Credits Earned: 18 USC 3624(g)(10) removed the time limits for prerelease placement associated with Second Chance Act (max placement in RRC up to 365 days and max home confinement of 6 months or 10% of sentence, which ever less) as it relates to Federal Time Credits earned under the First Step Act. There is no time limit to how long an individual may be placed in prerelease placement who has earned Federal Time Credits under the First Step Act.
I hope this helps you with understanding the FSA Projections Analysis. If additional information is needed, feel free to contact President@USAFirstStep.Com
For more information on the First Step Act, please visit www.usafirststep.com
Carey Bilyeu
President
USA First Step
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