THE SUCCESS OF BOP DIRECTOR WILLIAMS III
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IMPLEMENTING THE FSA AND SCA SOUNDS EASIER THAN IT IS.
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7/2/2025
From: LISA LEGAL (WHERE THE RUBBER MEETS THE ROAD) and Federal Legal News 6-16,30-25
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William K. Marshall III promised that his new policy “ensures that FSA Earned Time Credits and SCA eligibility will be treated as cumulative and stackable, allowing qualified individuals to serve meaningful portions of their sentences in home confinement when appropriate.”
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Not exactly…
Instead, it directs that “[]n addition to FTCs for those individuals who have earned less than 365 days of FTCs, staff must also consider adding up to an additional 12 months of prerelease time under the SCA, based on the five-factor review.”
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At one camp, the Unit Manager informed individuals who had waited for hours that there was no memo regarding changes, despite having previously acknowledged its existence. The manager requested not to be disturbed.
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“I’m set for release in four months due to time credits, but I still owe over 200 days from the COVID transit period. My case manager mentioned home confinement for eligible inmates but dismissed it, saying, ‘I won’t act until I get directives from Central Office.’ This attitude keeps us in limbo.”
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Alderson can be one of those failing to properly apply FSA and SCA sentence credits.
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Individuals with less than 365 days of FSA time credits toward supervised release may have their pre-release time extended by up to 12 months under the SCA. This extension should be based on a careful five-factor review of each case.
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Unfortunately, despite what the Director said, people who have more than 365 FTCs to be used toward prerelease custody will likely not receive any SCA time whatsoever.
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Prisoners need to serve at least 74 months to earn over 365 FTCs for halfway house or home confinement eligibility. Ironically, those with the longest sentences benefit the most from this but may be denied access. This inconsistency reveals a flaw in the system that undermines fairness and the rehabilitation process.
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The issue is that, despite the claim that time is “cumulative and stackable,” a five-factor review for someone already serving 12 months in a halfway house under the FSA is unlikely to find additional time necessary. This raises concerns about their opportunity to adjust for successful reentry.