28 C.F.R. § 523.40

Purpose

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(a) The purpose of this subpart is to describe procedures for the earning and application of Time Credits as authorized by 18 U.S.C. 3632(d)(4) and Section 101 of the First Step Act of 2018 (Pub. L. 115-391, December 21, 2018, 132 Stat. 5194) (FSA), hereinafter referred to as “FSA Time Credits” or “Time Credits.”

(b) Generally, as defined and described in this subpart, an eligible inmate who successfully participates in Evidence-Based Recidivism Reduction (EBRR) Programs or Productive Activities (PAs) that are recommended based on the inmate's risk and needs assessment may earn FSA Time Credits to be applied toward prerelease custody or early transfer to supervised release under 18 U.S.C. 3624(g).

Notes of Decisions

Cited in 58 cases (58 in the last 5 years), 2022–2026 · leading case: Goldblatt v. Ortiz (D.N.J. 2022).

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Goldblatt v. Ortiz (D.N.J. 2022). · cites it 2× “FSA Time Credits, 87 FR 2705 -01, codified at 28 C.F.R. § 523.40 et. seq. The Court ordered the United States to submit a supplemental brief with the effect this new rule had on Petitioner’s claim, if any.”

Chang (D. Conn. 2026). · cites it 2× “§ 3632 (d)(4)(C); 28 C.F.R. § 523.40 (b); See Dailey WL 3456696, at *4 (D.”

Christopher Cobb v. Warden, USP Atlanta (S.D. Ga. 2026). · cites it 2× “§ 3632 (d)(4)(A)), and quoting 28 C.F.R. §§ 523.40 (b), 523.41(c)(1)). Also “‘[s]uccessful participation’ requires a determination by Bureau staff that an eligible inmate has participated in the EBRR programs or PAs that the Bureau has recommended based on the inmate’s…”

(HC) Morales v. Brewer (E.D. Cal. 2023).

Pujols v. Nash (D. Conn. 2023).

Mohammed v. Stover (D. Conn. 2023).

Flete-Garcia v. Stover (D. Conn. 2023).

Estabilio v. Derr (D. Haw. 2023).

Booker v. Williams (S.D. Ill. 2022).

Reynolds v. Williams (S.D. Ill. 2022).

Pierce v. LeMaster (E.D. Ky. 2024).

White v. Warden, Fed. Corr. Inst. - Cumberland (D. Maryland 2023).

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