Major Update: BOP Changes Policy on FSA and Second Chance Act Releases
WASHINGTON D.C. (D.A.S.) – On June 17, 2025, the Federal Bureau of Prisons (BOP) issued a new national memorandum that changes how federal inmates are referred to prerelease custody. For the first time, the BOP is requiring prisons to fully apply both First Step Act (FSA) time credits and Second Chance Act (SCA) placement authority together — and to refer eligible people to home confinement earlier and more consistently. This memo replaces previous guidance and puts clear expectations in place for how and when inmates should be transferred to community custody.
Key Takeaways from the New Policy
1. Home Confinement Is Now a Priority — Not a Backup. If a person qualifies for release under the FSA and has a safe, verified home plan, they should be referred directly to home confinement — even if halfway house beds are not available.
2. Time Credits Must Be Applied Based on Projections. Staff are now required to use “Conditional Placement Dates” based on the projected accumulation of FSA time credits — not just what’s been earned so far. This change allows earlier and more strategic release planning.
3. FSA and SCA Time Can Be Used Together. The BOP clarified that FSA and SCA are cumulative. That means both can be used in sequence to provide the most prerelease time possible — FSA for eligibility and SCA for placement time (like home confinement or RRCs).
4. Stable Housing Is Key — Employment Is Not Required. While a verified home plan is necessary for home confinement, the memo confirms that employment is not required for release. However, having a job or plan for one can still help show readiness.
5. Wardens Are Now Accountable. The memo puts Chief Executive Officers at each facility in charge of making sure these policies are followed. This is a step toward greater accountability and more consistent national application.
A Candid Observation: Not Everyone Will Get Halfway House Time. For many, this policy is a step forward — but it also sets clearer limits.
Inmates who are eligible under FSA and have stable housing will often be sent directly to home confinement, with no time in a halfway house (RRC). That’s because RRCs are being reserved for people with greater reentry needs, like housing instability or mental health support.
Under the law, all FSA credits above the first 365 can be used for home confinement. For additional home confinement on top of this, the law limits Second Chance Act home confinement to 6 months or 10% of your sentence — whichever is less. So those who receive all of their FSA credits and qualify for release may only receive a few additional months of community custody, depending on their sentence length.Those with demonstrated need may still receive additional time in an RRC under the Second Chance Act, in addition to home confinement.
What You Can Do Right Now
• Ask your Case Manager or Unit Team for your FSA and SCA Conditional Placement Dates.
• Make sure your home plan is up to date and verified.
• If you’re being told you don’t qualify — and you believe you do — consider filing an administrative remedy or requesting clarification based on this new memo.
• If you’re still waiting on your time credits to be applied, you have options for review or court relief.
Need Help? We’re Here.The Defendant Aid Society is a nonprofit legal support group that helps federal prisoners and their families:
• Review and verify FSA time credit calculations
• Prepare Administrative Remedies (BP-8 to BP-11)
• Assist with pro se court filings
• Advocate in individual cases involving halfway house referrals, delays, or eligibility denials
We can also help answer your questions. You can contact us directly at info@defendantaidsociety.org or ask your family to reach out on your behalf.
If you’re on Corrlinks, consider adding us to your approved contact list so we can respond directly. Also please spread the word. The more inmates we are in contact with, the more help we can provide.
Bottom Line. This new policy memo is an important win — it puts pressure on the system to honor the time credits and release paths Congress intended. But it also highlights the need for informed advocacy.If you’re not sure what this policy means for you — or you believe your release planning isn’t being handled properly — we can help you take the next step.