The First Step Act is a federal law signed on December 21, 2018 that reduced certain mandatory minimum drug sentences, created a credit system rewarding inmates for completing rehabilitative programs, expanded compassionate release, and fixed a long-standing miscalculation of good conduct time.1Federal Bureau of Prisons. First Step Act Overview It also changed how the Bureau of Prisons houses inmates and treats pregnant prisoners and juveniles. Almost all of its provisions apply only to the federal system, so it does not shorten state prison sentences.
What the Law Changed at Sentencing
Four sentencing changes matter most for people facing or serving federal time: a wider safety valve for drug cases, an end to firearm sentence stacking within a single case, lower minimums for repeat drug offenders, and retroactive relief for old crack cocaine sentences.
Expanded Safety Valve for Drug Offenses
The safety valve at 18 U.S.C. § 3553(f) lets a judge sentence below a mandatory minimum in drug cases when the defendant meets certain criteria. Before the Act, only defendants with one or zero criminal history points qualified. A defendant can now qualify with up to four criminal history points (excluding one-point offenses), so long as they have no prior three-point offense and no prior two-point violent offense.2Office of the Law Revision Counsel. 18 USC 3553 – Imposition of a Sentence The defendant also cannot have used violence, carried a weapon, or been a leader in the offense, and must truthfully tell the government what they know about the crime.
The safety valve still only reaches offenses under the Controlled Substances Act and related import/export statutes. It does not apply to violent crimes or firearms offenses.
Firearm Sentence Stacking
Under 18 U.S.C. § 924(c), using a firearm during a drug trafficking or violent crime carries a five-year minimum for the first count. Prosecutors used to be able to charge multiple § 924(c) counts in one indictment and stack a 25-year consecutive term onto each additional count, even when every count came from the same incident. Two stacked counts alone meant 55 years for a first-time defendant.
The Act now limits the 25-year enhancement to defendants who already have a final prior § 924(c) conviction.3Office of the Law Revision Counsel. 18 USC 924 – Penalties Prosecutors can no longer pile 25-year terms on top of each other inside a single case.
Lower Minimums for Repeat Drug Offenders
When someone with a qualifying prior conviction commits a new federal drug offense under 21 U.S.C. § 841, the enhanced mandatory minimums are now lower:
- Second offense: 15 years, down from 20.4Office of the Law Revision Counsel. 21 USC 841 – Prohibited Acts A
- Third offense: 25 years, down from life.4Office of the Law Revision Counsel. 21 USC 841 – Prohibited Acts A
The law also narrowed what counts as a qualifying prior. It has to be a “serious drug felony” or “serious violent felony,” and the prior sentence must have been at least 13 months. These changes apply to offenses committed after December 21, 2018 and are not retroactive on their own.
Retroactive Relief for Crack Cocaine Sentences
The 2010 Fair Sentencing Act reduced the disparity between crack and powder cocaine sentences but only going forward. Section 404 of the First Step Act made those reductions retroactive, so anyone sentenced for a crack offense before August 3, 2010 can ask the sentencing court to resentence them as if the 2010 law had already been in place.5United States Sentencing Commission. Retroactivity Data Report on Section 404 of the First Step Act of 2018 The defendant, the Bureau of Prisons, the government, or the court itself can start the motion. The judge still weighs the standard sentencing factors, so retroactivity is not the same as a guaranteed reduction.
Good Conduct Time Recalculated
Federal law at 18 U.S.C. § 3624(b) allows inmates up to 54 days off per year for good behavior. The BOP had read the older text to mean 54 days per year of time served, which worked out to roughly 47 days per year of the sentence imposed. The First Step Act rewrote the statute so credit is calculated against “each year of the prisoner’s sentence imposed by the court.”6Office of the Law Revision Counsel. 18 USC 3624 – Release of a Prisoner The change applied retroactively and moved up release dates for thousands of inmates. It is not automatic: the BOP has to find that the inmate showed exemplary compliance with institutional rules during the year.
Earned Time Credits
Separate from good conduct time, the Act created a new type of credit that inmates earn by completing approved rehabilitative programming. These credits can move up release or move an inmate into less restrictive custody sooner.
How Credits Are Earned and Applied
For every 30 days of successful participation in approved programming, an eligible inmate earns 10 days of credit. Inmates classified as minimum or low risk on their two most recent assessments earn a bonus of five more days, for 15 days per 30-day period.7eCFR. 28 CFR Part 523 Subpart E – First Step Act Time Credits Successful participation means meeting the requirements in the individual reentry plan and avoiding serious disciplinary infractions.
Credits are applied two ways. They can shift an inmate into prerelease custody sooner, meaning a residential reentry center (halfway house) or home confinement. They can also shift an inmate to supervised release earlier, but only up to 12 months before supervised release would otherwise begin.7eCFR. 28 CFR Part 523 Subpart E – First Step Act Time Credits To use credits for the supervised release transfer, the inmate must have a term of supervised release in their sentence and must be minimum or low risk on their most recent assessment.
Two types of programming count: Evidence-Based Recidivism Reduction (EBRR) programs, such as cognitive behavioral therapy, drug treatment, and vocational training; and Productive Activities, a broader category covering things like job assignments, education, faith-based studies, and wellness programs.8Federal Bureau of Prisons. First Step Act Approved Programs Guide Not every facility offers every approved program.
Credits can be lost through disciplinary infractions. Getting them restored is possible but slow: the BOP decides case by case, and the inmate must keep a clean record through two consecutive risk and needs assessments before restoration is considered.9eCFR. 28 CFR 523.43 – Loss of FSA Time Credits A move from low to medium or high risk also pauses further earning.
Who Qualifies
Every federal inmate is scored using a tool called PATTERN (Prisoner Assessment Tool Targeting Estimated Risk and Needs), which looks at static factors like age at first arrest and dynamic factors like program completion and discipline history. Scores fall into minimum, low, medium, or high risk, and reassessments happen periodically, so the classification can improve.10Federal Bureau of Prisons. PATTERN Risk Assessment All inmates can earn credits regardless of risk level, but only minimum- and low-risk inmates can actually apply them toward earlier release. Higher-risk inmates accumulate credits that sit unused until their risk drops.
An extensive list of offenses at 18 U.S.C. § 3632(d)(4)(D) disqualifies an inmate from earning credits at all, including offenses related to terrorism, espionage, sexual exploitation of children, murder, kidnapping, carjacking resulting in serious injury, use of firearms during a violent or drug trafficking crime, biological and chemical weapons, destruction of aircraft, assaults on federal officers with a deadly weapon, and domestic violence by habitual offenders.11Office of the Law Revision Counsel. 18 USC 3632 – Development of Risk and Needs Assessment System The BOP publishes a table matching each disqualifying offense to its statute.12Federal Bureau of Prisons. First Step Act – Time Credits Disqualifying Offenses
Disqualification turns on the statute of conviction, not the underlying conduct. A plea to a non-disqualifying charge can leave someone eligible even if the original indictment listed a disqualifying offense; a plea to a disqualifying statute blocks credits no matter how much programming the inmate completes. The original judgment and commitment paperwork lists the exact statutes.
Inmates subject to a final order of removal cannot apply earned credits, even if they completed the programming.13United States Sentencing Commission. First Step Act Earned Time Credits
Compassionate Release Inmates Can File Themselves
Before the Act, only the Bureau of Prisons could ask a federal court to grant compassionate release. If the BOP declined, the inmate had no way in. The Act amended 18 U.S.C. § 3582(c)(1)(A) so inmates can file their own motions in the sentencing court.14Office of the Law Revision Counsel. 18 USC 3582 – Imposition of a Sentence
One step comes first: the inmate must ask the warden to file the motion. If the BOP denies the request or does not respond within 30 days of the warden’s receipt, the inmate can go directly to court.15Federal Bureau of Prisons. First Step Act Frequently Asked Questions Most take the 30-day route because full administrative appeals take much longer.
To win, the inmate has to show “extraordinary and compelling reasons” for a reduction. Common grounds are terminal illness, a serious medical condition that substantially limits self-care in prison, death or incapacitation of the caregiver for the inmate’s minor children, and advanced age combined with lengthy time served. The judge still weighs the standard sentencing factors and can deny the motion even when extraordinary circumstances exist.
Conditions Inside Federal Prisons
The Act changed several things about how the BOP runs its facilities.
Under an amendment to 18 U.S.C. § 3621(b), the BOP has to house inmates as close as practicable to their primary residence, with a target of within 500 driving miles, and consider transfers to a closer facility even when the current placement is already inside that radius, as long as bed space, security, programming, and health needs allow it.16Office of the Law Revision Counsel. 18 USC 3621 – Imprisonment of a Convicted Person
The BOP must provide tampons and sanitary napkins that meet industry standards, free of charge and in quantities that meet each person’s healthcare needs.1Federal Bureau of Prisons. First Step Act Overview The use of restraints on pregnant inmates in federal custody and U.S. Marshals Service facilities is banned, with narrow exceptions for immediate safety risks.
For juveniles in federal custody, solitary confinement is limited to situations posing a serious and immediate risk of physical harm. Staff must first try less restrictive approaches, including talking with the juvenile and involving a mental health professional. When isolation is used, the juvenile must be told about the confinement and its expected duration.
The Act also required the BOP to assess its capacity to treat opioid use disorder using evidence-based methods, including medication-assisted treatment.17Department of Justice. First Step Act Implementation Fact Sheet Inmates within 15 months of release are screened for eligibility and, if they volunteer, get an individualized treatment plan.
How to File for Relief
Most First Step Act relief runs through the Bureau of Prisons first, then federal court.
The BOP administrative remedy process starts with informal resolution, followed by a BP-9 Administrative Remedy Request to the warden within 20 calendar days of the issue arising. If the warden’s response is unsatisfactory, a BP-10 appeal goes to the Regional Director within 20 calendar days. A final BP-11 appeal goes to the BOP’s General Counsel within 30 calendar days of the Regional Director’s response.18Federal Bureau of Prisons. Administrative Remedy Program Missing a deadline can get the whole thing dismissed on procedural grounds.
Compassionate release is simpler. Submit a written request to the warden, wait 30 days, and if the BOP has not acted, file directly in federal court without going through BP-10 and BP-11.14Office of the Law Revision Counsel. 18 USC 3582 – Imposition of a Sentence
Court motions are filed in the district court that imposed the original sentence and should include the original judgment, documentation of program completion from the BOP’s SENTRY system, the PATTERN score, and any supporting evidence such as medical records or family circumstances. There is no automatic right to appointed counsel for these post-conviction motions; some judges appoint counsel in complex cases, but many inmates file on their own. Verify that program hours and risk scores are logged correctly before filing. A 2026 Government Accountability Office audit found widespread data errors in the BOP’s system, and those errors can sink an otherwise strong motion.19U.S. Government Accountability Office. Federal Prisons – Improvements Needed to the System Used to Assess and Mitigate Incarcerated Peoples Recidivism Risk
Court timelines vary by district. Some judges rule in weeks, others take months, especially when the government opposes the motion. Anyone approaching a projected release date should file early enough to absorb that uncertainty.