First Step Act Credits Can Now Start Before Prison Arrival

Eligible people can now start earning First Step Act time credits once their federal sentence begins, instead of waiting until they arrive at the prison where they will serve it. The Bureau of Prisons changed its rule effective September 30, 2026. Credits still have to be earned through programs or productive activities.

What changed

The time credit rule is 28 C.F.R. § 523.42. Until September 30, it said a term of imprisonment commences, and credits can start, on "the date the inmate arrives or voluntarily surrenders at the designated Bureau facility where the sentence will be served." That left out the weeks many people spend in jails and in transit after sentencing.

The BOP's interim final rule, published August 31, 2026, deleted that language. The rule now reads: "An eligible inmate begins earning FSA Time Credits after the inmate's term of imprisonment commences."

When a sentence commences is set by statute. Under 18 U.S.C. § 3585(a), it is "the date the defendant is received in custody awaiting transportation to, or arrives voluntarily to commence service of sentence at, the official detention facility at which the sentence is to be served."

The BOP said it made the change "to accord with the best reading of the FSA and to conform with recent court decisions that have concluded this language conflicts with the FSA." It cited Miles v. Bowers, 173 F.4th 372 (1st Cir. 2026), which found the rule's view of when a sentence commences "plainly conflicts with the text of the FSA."

The same rule also says credits can be applied for people transferred to the United States by treaty to serve a foreign sentence, if the U.S. Parole Commission has determined an equivalent U.S. Code sentence under 18 U.S.C. § 4106A.

Who it helps

• People taken into custody at sentencing. Their sentences commence when they are received in custody to await transport, so the time before they reach their designated prison can now count. In its cost analysis, the BOP used an average of 66.06 days from sentencing to designation and estimated that this "results in an average of 23.81 days of Time Credits."
• Not much change for self-surrender. If you report to the prison on your own, your sentence commences when you arrive, as before.
• No credit for time before sentencing. The statute bars credits for programs completed "during official detention prior to the date that the prisoner's sentence commences under section 3585(a)" (18 U.S.C. § 3632(d)(4)(B)(ii)).

What to know

• Credits are earned, not automatic. The BOP said the change "does not mean that every eligible inmate will automatically begin earning Time Credits immediately after their sentence is imposed." A person must complete the programs or productive activities assigned based on assessed needs.
• The earning rate has not changed. People earn 10 days for every 30 days of successful participation, plus 5 more if the BOP finds them at minimum or low risk and the risk has not increased over two assessments in a row (18 U.S.C. § 3632(d)(4)(A)).
• Some people still can't earn or use credits. Convictions listed in 18 U.S.C. § 3632(d)(4)(D) make a person ineligible, and credits cannot be applied for someone under a final order of removal (28 C.F.R. § 523.44(a)(2)).
• Check the calculation. Once you or your loved one is designated, review the BOP's time credit calculation against the date the sentence commenced. Disputes go through the BOP's administrative remedy program (28 C.F.R. part 542).
• It could still change. This is an interim final rule. The comment period closed September 30, 2026, and the BOP can revise the rule when it issues a final version.

Our after conviction guide covers the next steps after a federal sentence.