Upgrades To First Step Act, September 30, 2026.
BOP Rule Change Expands First Step Act Time Credits Starting September 30, 2026
The First Step Act (FSA) continues to reshape federal prison reform by rewarding eligible inmates who participate in recidivism reduction programs. A new Bureau of Prisons (BOP) rule, effective September 30, 2026, will allow qualifying federal prisoners to begin earning First Step Act Time Credits as soon as their sentence starts, rather than waiting until they arrive at a designated federal prison.
Why the Change Matters
Previously, many inmates spent weeks or months in local jails or detention centers awaiting transfer to a BOP facility without earning FSA credits. Under the new rule, eligible prisoners can earn credits from the date their federal sentence officially begins, provided they successfully participate in approved programs and activities.
The BOP estimates that the average 66-day wait between sentencing and prison designation could result in nearly 24 additional days of First Step Act credits for qualifying inmates, helping them transition sooner to halfway houses, home confinement, or supervised release.
How First Step Act Credits Work
Eligible prisoners can earn:
- 10 days of credit for every 30 days of successful participation in approved programs.
- 15 days of credit per 30 days for inmates classified as minimum or low risk who maintain or reduce their risk level over consecutive assessments.
These credits can accelerate placement in prerelease custody and, in some cases, reduce time spent in prison by up to one year.
Benefits for Families and Taxpayers
For families, even a few weeks of earlier release can mean being home for important milestones, holidays, or medical events. The BOP also projects the rule will save taxpayers approximately $54 million annually through reduced incarceration costs.
Additional Update for Treaty-Transfer Prisoners
The new rule also clarifies that eligible U.S. citizens transferred from foreign prisons to serve their sentences in the United States may qualify for First Step Act Time Credits when their sentence has been converted to an equivalent U.S. sentence.
Bottom Line
While technical in nature, the September 2026 BOP rule is expected to have a meaningful impact on thousands of eligible federal prisoners, helping them earn additional First Step Act credits, return to their communities sooner, and reduce federal incarceration costs.