The First Step Act Just Got Its Own Office: What the September Changes Mean for Families

If someone you love is in federal prison, September brought two pieces of real news about the First Step Act. The Federal Bureau of Prisons (BOP) created a dedicated office to run it. And a rule that took effect September 30 lets some people start earning time credits earlier than before.

Here's what changed, what didn't, and what families can do right now.

Quick refresher: what the First Step Act does

The First Step Act became law in December 2018. One of its biggest pieces is time credits: people in federal prison who take part in approved programs and productive activities can earn credits that move up their transfer to prerelease custody (a halfway house or home confinement) or their release to supervision.

Under the statute (18 U.S.C. § 3632(d)(4)):

• An eligible person earns 10 days of credit for every 30 days of successful participation in evidence-based recidivism reduction programming or productive activities.
• Someone assessed at minimum or low risk who keeps that risk level (or lowers it) over two consecutive assessments earns 5 additional days, for a total of 15 per 30 days.
• Certain offenses make a person ineligible to earn credits. The list is in the statute.

Credits can be applied toward early transfer to supervised release, up to 12 months (18 U.S.C. § 3624(g)), and toward prerelease custody.

For a deeper walkthrough, see our guide: First Step Act Earned Time Credits: How They Actually Work in 2026.

Change #1: BOP now has a dedicated First Step Act Office

On September 24, 2026, BOP announced a dedicated First Step Act Office. According to the announcement:

• The office reports directly to the BOP Director.
• It's based at BOP's Central Office in Washington, D.C., and at the Designation and Sentence Computation Center in Grand Prairie, Texas, where sentence calculations are handled.
• It will oversee First Step Act policies, programs, staffing, training and budget across the federal prison system, including managing time credits and expanding programming at all BOP facilities.

In an interview with Spectrum News, Director William K. Marshall III said the office will start with 15 staff. He said it will also serve as a direct point of contact for questions about the program and for correcting problems with earned time credits.

Why this matters to families: Director Marshall has acknowledged there have been problems in how the law was implemented (Spectrum News). A single office with national authority over credits, programming and policy is a meaningful step toward consistent answers. BOP deserves credit for putting real structure behind the law.

Change #2: credits can start when the sentence starts

On August 31, 2026, BOP published a final rule in the Federal Register that took effect September 30, 2026. It makes two changes.

When credit-earning can begin

The old regulation said a person could start earning credits only after arriving at the BOP facility where they'd serve their sentence. Time spent in transit, often in county jails or detention centers under U.S. Marshals custody, didn't count.

The new rule simply says an eligible person "begins earning FSA Time Credits after the inmate's term of imprisonment commences." Under longstanding federal law, a sentence commences when the person is received in custody awaiting transportation to the facility, or voluntarily arrives there.

BOP's own analysis in the rule shows why this matters:

• For people with sentences starting in 2023 through 2025, the average time from sentencing to arrival at the designated facility was 66.06 days.
• Based on current risk levels, BOP estimates that time works out to an average of 23.81 days of time credits.

The important caveat: BOP is clear that this "does not mean that every eligible inmate will automatically begin earning Time Credits immediately after their sentence is imposed." A person still has to complete programming or productive activities assigned based on their needs. The rule opens the door earlier. People still have to walk through it.

People transferred from foreign countries

The rule also clarifies that U.S. citizens who were sentenced abroad and transferred to BOP custody under a treaty can earn and apply time credits, as long as their offense, evaluated against its U.S. Code equivalent, would be eligible.

What hasn't changed

• The earning rates (10 or 15 days per 30) are set by statute and didn't change.
• Ineligible offenses are still ineligible.
• Programming still matters most. Credits come from participation, so the most important thing a person inside can do is enroll and stay enrolled.

For context, BOP's First Step Act page lists 66,195 First Step Act releases to date (as shown on bop.gov/inmates/fsa on October 3, 2026).

Questions to ask the unit team

If your loved one is trying to understand their credits, these questions can get more specific answers than "How many credits do I have?":

• What is my current PATTERN risk level, and when is my next assessment?
• Which programs or productive activities were recommended for my assessed needs, and am I enrolled in all of them?
• Am I currently earning at the 10-day or the 15-day rate?
• How are my credits being applied: toward prerelease custody, early transfer to supervised release, or both?
• What is my projected date for transfer to a halfway house or home confinement?
• Does the September 30 rule change affect the start date of my credits, given when I was sentenced and when I arrived?

Writing down the answers, with dates and the name of the staff member, makes follow-up much easier.

What families can do now

1. Encourage enrollment. Ask your loved one which programs and productive activities they've been assigned based on their needs assessment, and whether they're enrolled. Only BOP-approved programs and productive activities count, so ask which ones are on the approved list.
2. Ask about their risk level. The 15-day rate depends on a minimum or low risk score held over two consecutive assessments. Knowing where they stand helps set expectations.
3. Track the paperwork. Keep copies of program completion certificates, sentence computation sheets, and any time credit worksheets your loved one shares with you.
4. Ask questions through the right channel. Questions about an individual's credits go to their unit team first. If something looks wrong, BOP's administrative remedy process exists for that purpose.
5. Plan for prerelease. Credits can move up a transfer to a halfway house or home confinement. Read our explainer on halfway house vs. home confinement, and if substance use treatment is part of the picture, our RDAP eligibility guide.

The bottom line

The First Step Act now has a dedicated office at BOP, and credit-earning can begin when a sentence begins instead of when a person reaches their facility. Neither change is automatic relief. Both make it more realistic for people who do the work to get the credit they've earned. For families, the job is the same as ever: encourage programming, keep the paperwork, and plan for the day they come home.

Get ready for release day before it arrives

The weeks after release move fast. Free and Forward is a reentry mobile app on the App Store and Google Play. Its 27-step reentry checklist and its calendar with reminders for court dates and check-ins are free, with no card and no time limit. A family member or friend can set up the account before release, fill in what they already know, and hand over the login on day one. Setup is free. When you want more, a low-cost one-time upgrade (not a subscription) adds a document vault for ID, release papers and other records.

This article is general information, not legal advice. Time credit eligibility and calculations depend on each person's case. Confirm details with the person's BOP unit team or a qualified attorney.