BOP FSA Missteps Continue
In early September, the BOP’s FSA time-credit assessment tool was updated to incorporate future pre-release credits. However, a few days later, BOP case managers were told by the central office to stop sharing the assessments, amid rumors of a “glitch.” I did some calculations using a couple of the new assessments and they were all off substantially. One assessment produced an “FSA conditional placement date” that was two years earlier than the person’s actual eligibility. It’s disturbing that the FSA was passed in 2018, the time-credit application went live in 2022, and yet the government still can’t get it right. Earlier this month, the application was reportedly corrected once again but we are getting reports of case managers refusing to provide copies.
A few things to keep in mind regarding the BOP’s calculation of FSA time credits: An average of 27 months is required for AICs to earn the maximum 365 days of time credits. This advances the projected release date from GCT REL (good conduct time, or 15%) to FSA REL. Be aware that a person’s release date on the BOP website updates monthly but stops when the maximum 365 days of credits are earned. At that point, pre-release credits can be calculated by adding the monthly awards going forward while subtracting the same amount of days from the FSA release date at the back end. The point at which they meet is the FSA conditional placement date (CPD). The CPD is the date when a person can be transferred to an RRC (halfway house) or home detention.
It is very important that pre-release credits are calculated and applied! PERA is supporting the New York ACLU, which is collecting information on cases in which AICs are past their CPD but remain in prison. This issue is not going away.
Meanwhile, on Oct. 4, the BOP published this statement:
The BOP is updating its FSA time credit system to better support AICs as they engage in pre-release planning. Under the FSA, AICs earn time credits for completing approved programs while in custody, which can reduce the time before they are placed in community settings such as Residential Reentry Centers (RRCs) or home confinement.
AICs will now see three key dates in their records to help them plan their release:
- FTC conditional placement date: The date when an AIC may be eligible for pre-release placement based on earned FSA time credits.
- Second Chance Act (SCA) conditional placement date: The date when an AIC may be eligible for release under the SCA. SCA eligibility requires an individualized assessment and is not guaranteed.
- Conditional transition to community date: The earliest possible release date, based on a combination of FTCs and SCA eligibility.
FBOP employees will use these dates to make release decisions, beginning the process 17-19 months before the date for conditional transition to community. For eligible individuals, this could include recommendations for direct home confinement, bypassing RRC placement when appropriate.
It is essential for AICs to continue participating in FTC-earning programs, as any suspension in their participation due to misconduct could delay their release. The FSA conditional release date is a projected date based on various factors, including continued eligibility for FTCs, participation in programs, and eligibility and appropriateness under SCA.
The BOP will prioritize processing referrals based on placement dates, with unit teams initiating referral packets for pre-release placement at least 12 months, but no later than 60 days, prior to the conditional transition to community date. The Residential Reentry Management Office will work to ensure that AICs are placed in the community according to these recommendations, provided there are adequate resources in the community.
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We’ll be monitoring implementation. Stay tuned.