On November 25, 2020, BOP issued a proposed rule on its procedures for earning, awarding, loss, and restoration of First Step Act earned time credits. Comments to this proposed rule were due January 25, 2021, however according to the Department of Justice's First Step Act Annual Report, "BOP is operating with the assumption that the [proposed rule] will be adopted and integrated into agency policy."
The proposed rule unduly limits the earned time credits rewards program in several ways:
1.It defines a "day" of participation in an evidence-based recidivism reduction program or productive activity as an 8-hour period, even though it will take individuals much longer than one calendar day to participate in 8 hours of programming;
2. It only awards time credits after an individual has successfully completed an evidence-based recidivism reduction program or productive activity instead of awarding credits as a person successfully participates;
3. It only awards credits for completing programs or activities that BOP has assigned to an individual--not for programs an individual elects to take;
4. It makes it too easy to lose time credits for violating prison rules or for violating requirements/rules of programs and activities;
5. It makes it too difficult to restore time credits that have been lost;
6. It categorically excludes people in halfway houses or on home confinement from earning time credits; and
7. It categorically excludes any program or activity completed between the enactment of the First Step Act (December 21, 2018) and January 15, 2020 from time credits.
Defenders submitted a comment critiquing this proposed rule which is available here.