(a) When an eligible inmate begins earning FSA Time Credits. An eligible inmate begins earning FSA Time Credits after the inmate's term of imprisonment commences (the date the inmate arrives or voluntarily surrenders at the designated Bureau facility where the sentence will be served).
(b) Dates of participation in EBRRs or PAs. (1) An inmate cannot earn FSA Time Credits for programming or activities in which he or she participated before December 21, 2018, the date of enactment of the First Step Act of 2018.
(2) An eligible inmate, as defined in this subpart, may earn FSA Time Credits for programming and activities in which he or she participated from December 21, 2018, until January 14, 2020.
(3) An eligible inmate, as defined in this subpart, may earn FSA Time Credit if he or she is successfully participating in EBRR programs or PAs that the Bureau has recommended based on the inmate's individualized risk and needs assessment on or after January 15, 2020.
(c) Amount of FSA Time Credits that may be earned. (1) For every thirty-day period that an eligible inmate has successfully participated in EBRR Programs or PAs recommended based on the inmate's risk and needs assessment, that inmate will earn ten days of FSA Time Credits.
(2) For every thirty-day period that an eligible inmate has successfully participated in EBRR Programs or PAs recommended based on the inmate's risk and needs assessment, that inmate will earn an additional five days of FSA Time Credits if the inmate:
(i) Is determined by the Bureau to be at a minimum or low risk for recidivating; and
(ii) Has maintained a consistent minimum or low risk of recidivism over the most recent two consecutive risk and needs assessments conducted by the Bureau.
Notes of Decisions
Cited in
176
cases (
176 in the last 5 years), 2021–2026 · leading case:
Stinson v. Martinez (W.D. La. 2024).
Stinson v. Martinez (W.D. La. 2024).
· cites it 6× “” 28 C.F.R. § 523.42 (b) (emphasis added). An inmate does not start earning FSA Time Credits until after he arrives at his designated facility.”
Heath v. Knight (D.N.J. 2024).
· cites it 6× “Petitioner contends the Federal Bureau of Prisons (“BOP”) regulation governing the date upon which the First Step Act (“FSA”) allows prisoners to start earning FSA time credits, 28 C.F.R. § 523.42 (a), conflicts with 18 U.”
Ardoin (W.D. Tex. 2025).
· cites it 6× “” 28 C.F.R. §§ 523.42 (b)(1). They further provide an inmate is not successfully participating in EBRR programs or PAs—and may not earn FTCs—when they “opt out” of BOP-recommended EBRR programs or PAs.”
Gale v. Rardin (E.D. Mich. 2025).
· cites it 5× “Of late, numerous courts have excused complete exhaustion where, as here, the petitioner’s claim involved an issue of statutory construction—namely, whether the BOP regulation governing the date upon which the First Step Act allows prisoners to start earning FSA time credits, 28…”
Cramer v. Gunther (D. Ariz. 2025).
· cites it 5× “) He argues that the BOP regulation located at 28 C.F.R. § 523.42 (a) contradicts the 16 FSA.”
Carlson v. Bowers (D. Mass. 2025).
· cites it 5× “§ 3632(d); see 28 C.F.R. § 523.42 . In general, a prisoner who “successfully completes” EBRR programs or PAs is eligible to earn FSA time credits unless they are serving a sentence for one of the crimes enumerated in Section 3632(d)(4)(D).”
Modeste (D. Alaska 2025).
· cites it 4× “13 One of those regulations, codified at 28 C.F.R. § 523.42 (a), provides that “[a]n eligible inmate 11 Id.”
Huihui v. Derr (D. Haw. 2023).
· cites it 3× “Indeed, 28 C.F.R. § 523.42 (a) provides that “[a]n eligible inmate begins earning FSA [ETCs] after the inmate’s term of imprisonment commences (the date the inmate arrives or voluntarily surrenders at the designated Bureau facility where the sentence will be served).”
Hare v. Ortiz (D.N.J. 2021).
· cites it 3× “at 75272 (proposed regulation 28 C.F.R. § 523.42 (d)(1)). Respondent relies upon Congress’ dictate that inmates may not earn Time Credits for successful completion of EBRR programming and productive activities completed “prior to the enactment of this subchapter.”
Stevens v. Jacquez (D. Or. 2024).
· cites it 3× “” 28 C.F.R. § 523.42 (a). Petitioner argues that BOP’s eligibility regulation conflicts with the plain language of the FSA and that he was eligible for FSA time credits as of March 2, 2022.”
Patel v. Barron (W.D. Wash. 2023).
· cites it 3× “” 28 C.F.R. § 523.42 (a). The 22 3 Petitioner’s petition contains two paragraphs identified as “4.”
Anderson v. FPC Yankton (D.S.D. 2024).
· cites it 3× “2023) (concluding that 28 C.F.R. § 523.42 adds an eligibility requirement that conflicts with the plain language of the FSA).”
— 28 C.F.R. § 523.42(a) — 3 cases
Huihui v. Derr (D. Haw. 2023).
“Indeed, 28 C.F.R. § 523.42 (a) provides that “[a]n eligible inmate begins earning FSA [ETCs] after the inmate’s term of imprisonment commences (the date the inmate arrives or voluntarily surrenders at the designated Bureau facility where the sentence will be served).”
— 28 C.F.R. § 523.42(c) — 1 case
Stevens v. Jacquez (D. Or. 2024).
“” 28 C.F.R. § 523.42 (a). Petitioner argues that BOP’s eligibility regulation conflicts with the plain language of the FSA and that he was eligible for FSA time credits as of March 2, 2022.”
— 28 C.F.R. § 523.42(d)(1) — 1 case
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