Trying to Get the First Step Act Right
In May, the Bureau of Prisons (BOP) issued a memo that caused concern among inmates and advocates alike. It stated that individuals who’ve earned 365 days of First Step Act (FSA) credits toward prerelease custody would not be eligible for additional time under the Second Chance Act. It also clarified that inmates serving shorter sentences (under four years) who had stable housing would only be eligible for home confinement under the Second Chance Act—which is limited to 10% of the total sentence, capped at six months. This meant many low- and minimum-security inmates were stuck in prison longer than necessary.
What Is Prerelease Custody?
The BOP traditionally uses two tools to help inmates transition back into society:
- Halfway Houses (RRCs) – These are run by nonprofit or for-profit operators and house inmates from all security levels. Residents are expected to get a job, and after some time, can earn weekend passes home. Conditions are basic—a bed, maybe a TV, and two meals a day.
- Home Confinement – This allows an inmate to live at home, work, and be monitored with an ankle bracelet or cell phone app. While home confinement is usually capped at six months, many inmates would rather serve their time this way—earning money and reuniting with family sooner.
The First Step Act (FSA) aimed to expand this by allowing inmates to earn unlimited prerelease time through approved programs. However, limited halfway house space, tight budgets, and poor implementation left many inmates stuck in costly prison facilities longer than needed.
The Game-Changing Memo
BOP Director William Marshall III issued a powerful new memo to all wardens, stating:
“FSA and SCA authorities are cumulative and shall be applied in sequence to maximize prerelease custody, including home confinement. RRC bed availability shall not be a barrier when someone is eligible and appropriate for such placement.”
That’s a major shift.
For the first time, BOP leadership used the word “shall”—a mandate, not a suggestion. No more hiding behind the excuse of “no space.” Even without a specific plan to expand halfway house capacity, this directive opens the door wider for more inmates to transition home sooner.
This memo also overrides earlier internal guidance that restricted prerelease placements due to budget issues.
Key Highlights from BOP’s Public Statement
- FSA credits and Second Chance Act time will now be combined, giving more inmates a meaningful shot at home confinement.
- Decisions will be based on timelines and eligibility—not red tape.
- Stable housing and readiness to reintegrate will matter more than past job history.
- Lack of halfway house beds will no longer block eligible inmates from going to home confinement.
Bottom line: The BOP may finally be getting it right. But as always—trust, then verify. If you or your loved one has earned those credits, make sure they’re being applied, and push for the placement you’ve earned.