Federal Regulations from 28 CFR: this type. Implementing instructions: this type.
However, in all cases, earned time credits will be applied to prerelease custody (RRC and/or HC)
as required by the First Step Act.
The First Step Act requires that, if an individual meets the criteria outlined in (c)(1), the credits
must be applied when the amount of time credits earned is equivalent to remainder of the
prisoner’s imposed term of imprisonment, consistent with the method for calculation described
below. Pre-release placement in a Residential Reentry Center (RRC) or Home Confinement
(HC) will be based on FTCs other than those credits already applied to early transfer for
supervised release.
For inmates with minimum or low risk who have not yet maintained two consecutive
assessments, they will need to submit a BP-A0148, Inmates Request to Staff, during their
regularly scheduled Program Review in order to have their early application of FTCs
considered. The Unit Manager will submit a request, along with the unit team’s
recommendation, to the Warden (or designee) for final decision.
Inmates with high or medium PATTERN recidivism risk levels are exceptions to the routine
application of this policy with regard to awarding FTCs toward early transfer to prerelease
custody and/or supervised release. The Warden will consult with the Regional Director before
approving an inmate under section (c)(2), unless an exemption is granted by the Regional
Director consistent with the Program Statement Directives Management Manual. Ordinarily,
inmates considered inappropriate for early transfer to prerelease custody or supervised release
under section (c)(2) include, but are not limited to, inmates who:
■ Have a high or medium PATTERN recidivism risk level
■ Have a current or prior offense listed in the Program Statement Categorization of Offenses.
Early transfers for such inmates are considered only in highly unusual circumstances.
Ordinarily, an inmate is precluded from receiving an early transfer if he/she has an offense
listed in either the Section titled “Offenses categorized as crimes of violence”, or the Section
titled, “Offenses that at the Director’s discretion shall preclude an inmate’s receiving certain
Bureau program benefits”.
■ Has a Public Safety Factor (PSF) that the Designation and Sentence Computation Center
(DSCC) Administrator has not waived.
■ Have a history of community-based supervision (i.e., probation, parole, supervised release,
halfway house, home confinement, etc.) non-compliance to include technical violations,
escape, absconding/eluding, and/or new criminal conduct.
■ Inmates who have been found to have committed 100 OR 200 level prohibited acts during
the current term of incarceration, or the prohibited acts of using drugs or alcohol, drug
possession, possession of drug paraphernalia, or introduction of drugs into Bureau
institutions within the last three years from the date of the incident.