Federal Inmates Will Earn Time Credits Starting at Sentencing

A new Federal Bureau of Prisons rule will allow inmates to begin earning sentencing credits on September 30, 2026.

Updated on Sept. 18, 2026 in Criminal Justice

Federal Inmates Will Earn Time Credits Starting at Sentencing

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Starting September 30, 2026, the Federal Bureau of Prisons will permit eligible federal inmates to begin earning First Step Act time credits immediately at sentencing. This shift allows prisoners in local detention to participate in recidivism reduction programming before their transfer to a designated facility.

Why it matters

The change addresses legal challenges that found previous regulations conflicted with the First Step Act, which was signed into law in 2018. By enabling participation earlier, the policy aims to better incentivize rehabilitation and align with the act's original purpose.

Eligible prisoners can earn 15 days of credit for every 30 days of programming participation, with a maximum of 365 days applicable toward earlier transfer. The average wait time between sentencing and facility arrival currently exceeds 60 days.

The players

Federal Bureau of Prisons

This agency is the federal law enforcement body responsible for the care, custody, and control of incarcerated individuals within the United States.

The details

The BOP rule adjustment enables inmates to accumulate credits while awaiting transfer from local jails, where the average prisoner could earn an estimated 24 additional days of credit. The updated guidelines also specifically extend eligibility for these credits to certain treaty transfer prisoners under defined conditions.

The First Step Act was signed into law in December 2018.
The new Federal Bureau of Prisons rule takes effect on September 30, 2026.

Legal Context

This rule change follows federal court decisions such as Miles v. Bowers and Sharma v. Peters, which challenged the previous BOP regulatory framework. These rulings established a legal precedent that forced the agency to harmonize its internal policies with the legislative intent of the First Step Act.

This policy change is expected to reduce the federal prison population by accelerating release timelines for eligible inmates who participate in rehabilitation programming. Taxpayers will see an estimated $54.1 million in annual savings as the system operates with greater efficiency.

The takeaway

The rule shift highlights a broader move toward incentivizing rehabilitation throughout the entirety of an inmate's legal confinement. Families and legal counsel should monitor facility transfer timelines to ensure inmates are correctly enrolled in programming upon sentencing.