Regarding the most recent FSA updates – two issues are initially worth comment:

* For earned time credits FSA/BOP note completed ‘days’ of programming and ‘hours’ of programming accumulated, but how many hours constitutes a day remained vague. It’s confirmed that in practice eight hours of programming completed will amount to one day accounted by BOP toward earned time credits.

** The FSA bill noted participation in EBRR (evidence based recidivism reduction) programs and productive activities is retroactive to enactment December 2018. BOP info stated time credits with EBRR programs/productive activities are earned when completed after 1/15/20 (leading one to surmise programming prior to 1/15/20 would be non-applicable). From what we’ve gathered, BOP acknowledges FSA ‘retroactive to 2018’ – but even with January 2020 developments it’s still developing in definition (as our earlier update notes). As qualifying programs/activities are further developed, what will qualify retroactively is still ‘a work in progress’ regarding specifics. The BOP’s Re-Entry Division is also involved (in this still developing system) tasked with processing the FSA time calculations. There’s no commitment currently to what will qualify for ‘retroactive’ consideration – and BOP’s public info regarding further FSA implementation remains a developing work in progress.

BOP – First Step Act