How federal good time works
Federal prisoners sentenced to more than one year are eligible for good time credit — a statutory mechanism that reduces actual time served as a reward for satisfactory institutional behavior. Federal good time is governed by 18 U.S.C. § 3624(b), administered by the Bureau of Prisons (BOP), and computed under 28 C.F.R. § 523 and BOP Program Statement 5880.28. The maximum is 54 days per year of the sentence imposed.
The 54-days figure was once the subject of significant litigation. Pre-2018, the BOP read § 3624(b) to award 54 days per year of time served, not per year of sentence imposed — a difference of roughly 7 days per year. The Supreme Court upheld the BOP's reading in Barber v. Thomas, 560 U.S. 474 (2010). Congress then amended the statute through Section 102(b)(1) of the First Step Act of 2018, restoring the year-of-sentence-imposed calculation and adding 7 days per year of credit for all current federal prisoners. As a result, the effective good-time reduction is approximately 14.8% of the sentence (54 ÷ 365), translating to about 18 months off a 10-year sentence.
How First Step Act earned-time credits work
The First Step Act of 2018 also created a separate category of credit: earned-time credits under 18 U.S.C. § 3632(d)(4). Unlike good time, which is largely automatic for good behavior, earned-time credits are awarded for active participation in evidence-based recidivism reduction (EBRR) programs and productive activities (PAs). The credit rate depends on the prisoner's PATTERN risk-and-needs assessment score:
- Eligible prisoner participating in EBRR or PA programs: 10 days of credit per 30 days of successful participation;
- Eligible prisoner who has been at low or minimum risk on two consecutive PATTERN assessments: 15 days of credit per 30 days of successful participation.
Earned-time credits, once accrued, can be "spent" two ways: applied toward prerelease custody (transfer to a Residential Reentry Center / halfway house or home confinement) under 18 U.S.C. § 3624(g)(2), or applied toward supervised release (reducing the actual time in BOP custody by transferring directly to community supervision) under 18 U.S.C. § 3624(g)(3). For most prisoners the practical effect is earlier transfer to halfway house — months earlier than the standard 12-month maximum the BOP can award without FSA credits.
Who is ineligible for earned-time credits
18 U.S.C. § 3632(d)(4)(D) lists specific offense exclusions that bar earning earned-time credits regardless of behavior:
| Category | Examples |
|---|---|
| Violent offenses | Murder (18 U.S.C. § 1111), kidnapping (§ 1201), armed bank robbery (§ 2113(d)), federal carjacking with death/serious injury (§ 2119), 924(c) firearm crimes |
| Sex offenses | Anything under 18 U.S.C. ch. 109A or 110 (most child-sex offenses) |
| Terrorism | 18 U.S.C. § 2332b and related |
| Drug with death/SBI | 21 U.S.C. § 841(b)(1)(A) or (B) where death/serious injury resulted |
| RICO / continuing criminal enterprise | 21 U.S.C. § 848, 18 U.S.C. § 1962 |
| Immigration aggravated felonies | Selected provisions |
Disqualified prisoners still get § 3624(b) good time. They just cannot accumulate FSA earned-time credits even if they program. The eligibility list is updated by the Bureau of Prisons; the full current list is published in BOP Program Statement 5410.01.
How the math actually works
The typical federal sentence calculation involves several inputs:
- Sentence imposed — total months pronounced by the court.
- Pre-sentence detention credit — time spent in custody prior to sentencing, credited under 18 U.S.C. § 3585(b).
- Statutory maximum good time — 54 days/year on the full sentence (post-First Step Act).
- FSA earned-time credits — accrued in programming, applied toward prerelease custody or supervised release.
- Halfway house / home confinement — BOP discretion up to 12 months (24 months home confinement with FSA enhancements).
Worked example
A defendant sentenced to 120 months (10 years), with 6 months pretrial detention credit, eligible for FSA programming, who earns the higher 15-day rate after two low-PATTERN assessments and successfully programs for the full sentence:
- Sentence imposed: 120 months;
- Pretrial credit: 6 months → remaining: 114 months;
- Good time: 120 × 54 / 365 = roughly 17.75 months → call it 540 days = 17.75 months;
- Time in BOP custody before good time: 114 months;
- After good time: ~96 months in custody (114 − 18);
- FSA earned credits during ~96 months programming at 15 days/30 days: theoretical maximum ~48 months, capped by the 12-month prerelease custody limit (BOP discretion) plus supervised-release-start credit;
- Net actual time in BOP secure custody: substantially less than 96 months — much depends on BOP halfway-house decision.
References
- 18 U.S.C. § 3624(b) — Credit toward service of sentence for satisfactory behavior (good time).
- 18 U.S.C. § 3632(d)(4) — Earned-time credits under the First Step Act.
- 18 U.S.C. § 3624(g) — Prerelease custody and supervised-release application of FSA credits.
- 18 U.S.C. § 3585(b) — Credit for prior custody.
- First Step Act of 2018, Pub. L. No. 115-391, §§ 101–102 — Created FSA credits and corrected good time formula.
- Barber v. Thomas, 560 U.S. 474 (2010) — Upheld pre-FSA BOP good time computation; corrected by FSA § 102.
- 28 C.F.R. §§ 523.20, 523.41–.44 — BOP good-time and FSA-credit regulations.
- BOP Program Statement 5880.28 — Sentence Computation Manual.
- BOP Program Statement 5410.01 — First Step Act time credits implementation.
FAQ
What is the maximum good time credit?
Under 18 U.S.C. § 3624(b) as amended by the First Step Act of 2018, a federal prisoner sentenced to more than one year gets up to 54 days of good time credit per year of the sentence imposed. That works out to approximately 14.8% off the sentence. A 60-month sentence yields about 9 months of good time. A 120-month sentence yields about 18 months. A 240-month sentence yields about 36 months. Good time is calculated on the sentence imposed, not on time served — a clarification made by the First Step Act after the Supreme Court's contrary reading in Barber v. Thomas.
Can good time be taken away?
Yes. Under 28 C.F.R. § 541.3, BOP can forfeit good time credit as a sanction for prohibited acts (Code 100-series offenses for serious misconduct, 200-series for high-severity, 300-series for moderate, 400-series for low-moderate). The most serious sanctions can include loss of 27, 41, or 54 days of good time per incident. Forfeited good time is generally not restorable, although BOP may suspend a portion of the forfeiture as discretion. Prisoners get notice and the opportunity to be heard at a Disciplinary Hearing Officer (DHO) hearing.
How do First Step Act earned-time credits differ from good time?
Good time under § 3624(b) is awarded for satisfactory institutional behavior — essentially the absence of disciplinary problems. It reduces the sentence end date. FSA earned-time credits under § 3632(d)(4) are awarded for active programming — participation in evidence-based recidivism reduction (EBRR) programs or productive activities (PAs). They do not reduce the sentence end date; they create credit that BOP applies toward prerelease custody (halfway house or home confinement) or toward supervised release. Both credits operate simultaneously for eligible prisoners.
How much halfway-house time can I get?
The Second Chance Act (codified at 18 U.S.C. § 3624(c)(1)) authorizes BOP to place a prisoner in prerelease custody — a Residential Reentry Center (halfway house) or home confinement — for up to the last 12 months of the sentence. The First Step Act expanded home confinement specifically, authorizing BOP to place prisoners in home confinement for the lesser of 10% of the sentence or 6 months. Combined with FSA earned-time credits applied to prerelease custody under § 3624(g)(2), eligible prisoners can substantially exceed the basic 12-month halfway-house ceiling. The actual placement decision is BOP discretion, evaluated case by case.
Does good time apply to sentences under one year?
No. 18 U.S.C. § 3624(b)(1) limits good time to prisoners "serving a term of imprisonment of more than 1 year." Sentences of 364 days or less get no statutory good time, although BOP may award administrative credits in limited circumstances. Most short federal sentences (Class A misdemeanors, simple drug possession, immigration cases at the lower end) fall below this threshold and serve approximately the full time.
Can I appeal a BOP good-time calculation?
Yes, through the BOP administrative remedy process under 28 C.F.R. § 542. The prisoner must exhaust BOP administrative remedies — typically a request to the warden (BP-9), an appeal to the Regional Director (BP-10), and an appeal to the Office of General Counsel (BP-11) — before federal court review. After exhaustion, a habeas petition under 28 U.S.C. § 2241 in the district of confinement is the proper vehicle to challenge BOP's sentence computation, including good time, FSA credit application, prerelease custody, and halfway-house decisions.
What offenses disqualify me from First Step Act earned-time credits?
18 U.S.C. § 3632(d)(4)(D) lists 50+ specific offense codes that disqualify. The categories include most violent offenses (murder, kidnapping, armed bank robbery, federal carjacking with death/SBI, 924(c) firearm crimes), all sex offenses under 18 U.S.C. chapters 109A and 110, terrorism offenses, drug offenses under § 841(b)(1)(A)/(B) where death or serious bodily injury resulted, continuing-criminal-enterprise convictions, RICO conspiracy involving violence, and selected immigration aggravated felonies. The full current list is in BOP Program Statement 5410.01.
How does the PATTERN risk score affect earned-time credit rates?
The Prisoner Assessment Tool Targeting Estimated Risk and Needs (PATTERN) is BOP's risk-assessment instrument under 18 U.S.C. § 3632(a). It assigns each eligible prisoner a risk level of Minimum, Low, Medium, or High. Earned-time credit accrual under § 3632(d)(4)(A) is 10 days per 30 days at any eligible level; it increases to 15 days per 30 days for prisoners who have remained at Low or Minimum risk on two consecutive assessments. Reassessment happens every 6–18 months depending on BOP's protocol. Programming participation lowers PATTERN scores over time, qualifying prisoners for the higher accrual rate.
How does pretrial detention credit work?
Under 18 U.S.C. § 3585(b), a defendant gets credit toward the federal sentence for any time spent in official detention prior to the date the sentence commences, as a result of (1) the offense for which the sentence was imposed or (2) any other charge for which the defendant was arrested after the commission of the offense — provided that the time has not been credited against another sentence. BOP, not the sentencing court, calculates pretrial credit. Disputes go through BOP administrative remedies, then to federal court via § 2241 habeas.
Can I get good time on a supervised-release violation sentence?
It depends on the length. Supervised-release revocation sentences of more than one year qualify for good time under § 3624(b) the same way original sentences do. But many revocation sentences are short (months, not years) and fall below the one-year threshold for good time. Federal prosecutors and probation officers sometimes argue for revocation sentences carefully calibrated near or below the one-year line, although the judge ultimately controls the revocation sentence length.
What happens if a sentence is reduced after BOP designation?
If a sentence is reduced — for example through a § 3582(c)(2) Sentencing-Commission-amendment-based reduction, a Rule 35(b) substantial-assistance motion, or a § 3582(c)(1)(A) compassionate-release motion — the BOP recomputes good time on the reduced sentence. The prisoner is essentially treated as having served against the new, lower sentence number. The recalculation can move the release date significantly earlier; the prisoner generally cannot bank good time accrued against the old sentence and then add it to a new sentence — credit is computed against whatever the operative sentence currently is.
Last reviewed: May 16, 2026 by Reggie London · Next review: November 16, 2024 (or upon BOP Program Statement update).