C.F.R. » Title 28 » CHAPTER V—BUREAU OF PRISONS, DEPARTMENT OF JUSTICE › SUBCHAPTER B—INMATE ADMISSION, CLASSIFICATION, AND TRANSFER › PART 523—COMPUTATION OF SENTENCE › Subpart E—First Step Act Time Credits

28 C.F.R. § 523.44

Application of FSA Time Credits

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(a) How Time Credits may be applied. For any inmate eligible to earn FSA Time Credits under this subpart who is:

(1) Sentenced to a term of imprisonment under the U.S. Code, the Bureau may apply FSA Time Credits toward prerelease custody or supervised release as described in paragraphs (c) and (d) of this section.

(2) Subject to a final order of removal under immigration laws as defined in 8 U.S.C. 1101(a)(17) (see 18 U.S.C. 3632(d)(4)(E)), the Bureau may not apply FSA Time Credits toward prerelease custody or early transfer to supervised release.

(3) Serving a term of imprisonment pursuant to a conviction for an offense under laws other than the U.S. Code (see Section 105 of the FSA, Pub. L. 115-391, 132 Stat. 5214 (not codified; included as note to 18 U.S.C. 3621)), the Bureau may not apply FSA Time Credits toward prerelease custody or early transfer to supervised release. This paragraph (a)(3) will not bar the application of FSA Time Credits, as authorized by the DC Code, for those serving a term of imprisonment for an offense under the DC Code.

(b) Consideration for application of FSA Time Credits. Where otherwise permitted by this subpart, the Bureau may apply FSA Time Credits toward prerelease custody or early transfer to supervised release under 18 U.S.C. 3624(g) only if an eligible inmate has:

(1) Earned FSA Time Credits in an amount that is equal to the remainder of the inmate's imposed term of imprisonment;

(2) Shown through the periodic risk reassessments a demonstrated recidivism risk reduction or maintained a minimum or low recidivism risk, during the term of imprisonment; and

(3) Had the remainder of his or her imposed term of imprisonment computed under applicable law.

(c) Prerelease custody. The Bureau may apply earned FSA Time Credits toward prerelease custody only when an eligible inmate has, in addition to satisfying the criteria in paragraph (b) of this section:

(1) Maintained a minimum or low recidivism risk through his or her last two risk and needs assessments; or

(2) Had a petition to be transferred to prerelease custody or supervised release approved by the Warden, after the Warden's determination that:

(i) The prisoner would not be a danger to society if transferred to prerelease custody or supervised release;

(ii) The prisoner has made a good faith effort to lower their recidivism risk through participation in recidivism reduction programs or productive activities; and

(iii) The prisoner is unlikely to recidivate.

(d) Transfer to supervised release. The Bureau may apply FSA Time Credits toward early transfer to supervised release under 18 U.S.C. 3624(g) only when an eligible inmate has, in addition to satisfying the criteria in paragraphs (b) and (c) of this section:

(1) An eligible inmate has maintained a minimum or low recidivism risk through his or her last risk and needs assessment;

(2) An eligible inmate has a term of supervised release after imprisonment included as part of his or her sentence as imposed by the sentencing court; and

(3) The application of FSA Time Credits would result in transfer to supervised release no earlier than 12 months before the date that transfer to supervised release would otherwise have occurred.

Notes of Decisions
Cited in 236 cases (236 in the last 5 years), 2022–2026 · leading case: McCoy v. Heckard (S.D.W. Va 2025).
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McCoy v. Heckard (S.D.W. Va 2025). · cites it 7× “§ 3624 (g); 28 C.F.R. § 523.44 (c)(1) and (d)(1). Title 18 U.”
Smith v. Eischen (D. Minnesota 2023). · cites it 6× “§ 3624 (g); see also 28 C.F.R. § 523.44 (b). In addition to the General Requirements, the FSA imposes certain prerelease requirements.”
Girven v. Smith (N.D. Tex. 2023). · cites it 5× “§ 3624 (g)(2); 28 C.F.R. § 523.44 (b)-(c). And, at the discretion of the Director, FSA Time Credits may be applied towards release to supervision at an earlier date, not to need 12 months.”
Danmola v. Goldey (W.D. Okla. 2024). · cites it 5× “§ 3624 (g)(1); 28 C.F.R. § 523.44 (b). First, a prisoner must have earned credits “in an amount that is equal to the remainder of the prisoner’s imposed term of imprisonment.”
Ramsland v. Hudson (D. Ariz. 2024). · cites it 5× “where the BOP unlawfully altered ‘shall be applied’ and ‘shall transfer’ to ‘the Bureau may 2 apply’ FSA [First Step Act] time credits in 28 C.F.R. § 523.44 (b) without approval of 3 Congress,” (2) “28 C.”
Cech v. Sage (M.D. Penn. 2022). · cites it 4× “) Cech filed a reply brief on July 25, 2022, in which he argues that he has exhausted administrative remedies because he made a request for earned time credit under the FSA pursuant to 28 C.F.R. § 523.44 , which, Cech asserts, “provides an alternative pathway for Medium and High…”
Goodman v. Sage (M.D. Penn. 2022). · cites it 4× “Rather, it concerns a discretionary decision by the warden as to whether to deem Goodman eligible to have FSA time credits applied toward prerelease custody or supervised release despite not meeting the recidivism risk requirements established in 18 U.”
Velez Garcia v. Barraza (M.D. Penn. 2023). · cites it 4× “to be a minimum or low risk to recidivate pursuant to the last 2 reassessments of the prisoner”15 and, for early placement in supervised release, Section 3624(g)(1)(D)(ii) requires that “the prisoner has been determined .”
Pride v. Barraza (M.D. Penn. 2023). · cites it 4× “to be a minimum or low risk to recidivate pursuant to the last 2 reassessments of the prisoner”15 and, for early placement in supervised release, Section 3624(g)(1)(D)(ii) requires that “the prisoner has been determined .”
Montgomery v. Barraza (M.D. Penn. 2023). · cites it 4× “to be a minimum or low risk to recidivate pursuant to the last 2 reassessments of the prisoner”15 and, for early placement in supervised release, Section 3624(g)(1)(D)(ii) requires that “the prisoner has been determined .”
Fowler v. Bureau of Prisons (M.D. Penn. 2023). · cites it 4× “to be a minimum or low risk to recidivate pursuant to the last 2 reassessments of the prisoner”15 and, for early placement in supervised release, Section 3624(g)(1)(D)(ii) requires that “the prisoner has been determined .”
McIntosh v. Bureau of Prisons (M.D. Penn. 2023). · cites it 4× “to be a minimum or low risk to recidivate pursuant to the last 2 reassessments of the prisoner”15 and, for early placement in supervised release, Section 3624(g)(1)(D)(ii) requires that “the prisoner has been determined .”
Show all 236 citing cases →
— 28 C.F.R. § 523.44(a)(1) — 1 case
White v. Fed. Bureau of Prisons (D. Minnesota 2023).
— 28 C.F.R. § 523.44(b) — 3 cases
Ramsland v. Hudson (D. Ariz. 2024). “where the BOP unlawfully altered ‘shall be applied’ and ‘shall transfer’ to ‘the Bureau may 2 apply’ FSA [First Step Act] time credits in 28 C.F.R. § 523.44 (b) without approval of 3 Congress,” (2) “28 C.”
Sanchez v. Hudson (D. Ariz. 2025).
Tyrone Young v. FCI Beckley Warden (S.D.W. Va 2026).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.