Earned Time Credits Allow for Much Earlier Release from a Federal Prison Sentence
First Step Act Earned Time Credits
“This landmark legislation will give countless current and former prisoners a second chance at life and a new opportunity to contribute to their communities, their states, and their nations”
The First Step Act Allows for Inmates to Receive Additional Time off The Prison Portion of their Sentence
Prior to the First Step Act, the only way a federal inmate could reduce their prison stay was through good time credit and limited programs such as a residential drug treatment program. That all changed with the First Step Act. Now, a federal inmate can receive what is called “earned time credits” towards their sentence. Essentially, a federal inmate can earn ten days of earned time credit for every thirty days they spend in an approved program. Although this additional credit does not reduce the sentence itself, what it does is allows an inmate to serve a much longer portion of their sentence in pre-release custody, like a halfway house or home confinement. Combining this with normal good time credit, a federal sentence can be much lower.
What Bureau of Prison Programs Make You Eligible for an Earned Time Credit?
The Bureau of Prisons is currently updating a list of approved programs that give earned time credit for their participation. Viewing the initial list, the programs appear to reflect reductions in crime, for example, programs that teach you to read and write. However, also included is a reference to trade and vocational training programs. The Bureau of Prisons offers different types of occupational training depending on the prison.
Certain Convictions Make You Not Eligible to Earn Time Credits
A major issue when deciding to do a particular plea is whether the resulting conviction will bar you from receiving earned time credit. There are many types of convictions, such as certain types of federal drug crimes and sex offenses. Sometimes the eligibility turns on role enhancements found in the presentence investigation report. Don’t make the mistake of thinking you are eligible for First Step Act good time credits only to be surprised that you aren’t because your lawyer didn’t make the necessary objections to the PSIR or didn’t negotiate a plea that would protect your earned time credit eligibility.
The Federal Court Can Make a Recommendation to a Prison
The sentencing Judge has the ability to recommend where one will serve their sentence. In the Eastern District of Michigan, our judges expect the federal criminal lawyers to discuss this with their clients and tell the Court where their clients would like to serve their sentences. This is a key moment in a federal sentencing because you want to make sure that your client is matched to a prison that has the types of programs that are eligible for First Step Act earned time credits.
It Makes a Difference Who You Hire to Represent You in a Federal Sentencing
Because federal criminal defense is such a specialized area of practice in southeast Michigan, it is imperative that you hire a lawyer that understands how the First Step Act can benefit you and reduce your prison sentence. Unfortunately though, we have seen it all too often that lawyers with little to no federal court experience take a federal criminal case and fail to do anything to benefit their client. These lawyers don’t understand the nuances of the First Step Act, in fact they probably don’t even understand what it is! Don’t make that mistake, hire somebody that knows what they are talking about and will put you in the best position for the least amount of prison time at sentencing. Call us today.