GOOD TIME CREDIT (GTC)
Available to all incarcerated persons,
But not to those serving life, or a 1-year-1 day sentence.
Good Time Credit is changed from 47 –> 54 days per year,
Of Their Imposed Sentence
The Prison Litigation Reform Act (PLRA), per BOP Policy,
To Get Good Time Credit you must either have;
1) earned your GED or,
2) made satisfactory progress toward reaching your GED, and
3) avoid disciplinary infractions.
Good Time credit can be taken away after being given,
But only for ‘good cause’, and only in these ‘two examples:
1st) For e.g., riot, food strike, work stoppage, etc., or
2nd) Misbehavior, where the BOP only learned about it – after the good time was given.
Families Against Mandatory Minimums (FAMM) Calculation
“…for every year of imprisonment: you can earn up to 54 days of credit against AGAINST EVERY YEAR – UP FRONT YEARLY.
(“Term of Imprisonment” is widely understood as meaning the sentence of imprisonment imposed by the judge.)”
Example: Simply put:
For someone in the federal system serving a term of 5 years (THAT EQUALS 1826 days, including an extra day for a leap year), with
With Excellent Conduct, with, and only if he/she earns all possible good time.
Federal sentences are to be served at approximately 85% of each year, or:
(The 54 Days of GTC is included in the 311)
311 Days x “5 Years” = 1555 Days Until Release [54 + 311 = 365 | 311 x 5 = 1555]
This means he/she earns
54 Days Of Good Time as they complete each set of 311 days.
By the end of five sets (x) 311 days/year)years,
(5) x (311) = 1555 days = 85%,
of their 1826-Day Sentence; or ~ 85%
INFRACTIONS: COULD KEEP YOU FROM RECEIVING THESE BENEFITS
- Challenging these Infraction Charges, or any other issue is done through
- The Administrative Remedy Process, by using: BP- 8, 9, 10, 11, and Title 28 U.S.C. § 2241
*EARLY RELEASE OPTIONS*
I) GOOD TIME CREDIT 15%
- time reduction from the date the sentence was imposed.
- Don’t get in trouble – No Infractions
II) First Step Act (FSA): LAW 12 MONTHS
The program allows up to 365 days of earned time credits (ETC) will apply to early release if you:
- The court ordered your supervised release
- You have a Low or Minimum PATTERN (SPARC-13) score
- You have kept your PATTERN risk level for at least two consecutive assessments conducted by your Unit Team
- You have no detainers or unresolved charges, including immigration status
- You have accepted All required programs and are in earning status.
- What happens if You Have Declined To Take The Programs Offered, before or after 1/2023?
- An internal memorandum distributed to halfway house and home confinement overseers asserted that FTC “recalculation is expected to be complete by January 9, 2023”
- You’re allowed up to 1 Year OFF for RDAP
- IN ADDITION TO THE (UP TO ) 1 YEAR OF CREDITS – FOR SUCCESSFUL COMPLETION OF FSA PROGRAMS
IIb) You are Educated With a Degree and Experience, Create a Course
- Start planning a curriculum on a topic that you feel would be interesting
- Organized for classes to meet twice per week for several months,
- Then you run the idea by your case manager, maybe it could help those with their GED, who knows?
- Once all parties agree, your case manager is happy, and your Reentry Plan Looks GREAT!
- It’s just one more thing, Working For You.
III) Congress Second Chance Reauthorization Act (SCRA). 12 MONTHS in an RRC Law
- If your sentence is > 60 mo (5 yrs) = last 6 mo on home confinement
- If your sentence is < 60 mo (5 yrs) = last 10% on home confinement
- The regulation mandates that
- “Inmates may be designated to community confinement as a condition of pre-release custody and Programming during their final months not to exceed twelve months.” 28 C.F.R. § 570.21(a).
- This regulation also provides for
- home detention as a condition of pre-release custody during their final months of imprisonment,
- not to exceed the shorter of ten percent of the inmate’s term of imprisonment or
- six months.”
- BOP staff is required to review inmates for RRC placement 17-19 months before their projected release date, and inmates are to be individually considered using the five factors listed in §3621(b).
(1)the resources of the facility contemplated;
(2)the nature and circumstances of the offense;
(3)the history and characteristics of the prisoner;
(4)any statement by the court that imposed the sentence—
(A)concerning the purposes for which the sentence to imprisonment was determined to be warranted; or
(B)recommending a type of penal or correctional facility as appropriate; and
(5)any pertinent policy statement issued by the Sentencing Commission pursuant to section 994(a)(2) of title 28.
- In designating the place of imprisonment or making transfers under this subsection, there shall be no favoritism given to prisoners of high social or economic status.
- The Bureau may at any time, having regard for the same matters, direct the transfer of a prisoner from one penal or correctional facility to another.
- The Bureau shall make available appropriate substance abuse treatment for each prisoner the Bureau determines has a treatable condition of substance addiction or abuse.
- Any order, recommendation, or request by a sentencing court that a convicted person serve a term of imprisonment in a community corrections facility shall have no binding effect on the authority of the Bureau under this section to determine or change the place of imprisonment of that person.
- Notwithstanding any other provision of law, a designation of a place of imprisonment under this subsection is not reviewable by any court.
- Elderly Home Detention through the First Step Act: Rare to Get Program availability at all BOP facilities.
- The qualifying age of 60+ years and You can serve that last part at Home
- you must have served two-thirds of the sentence must be served to be eligible.
- the offender must be serving a term of imprisonment other than life imprisonment based on a conviction for an offense or offenses that
- the offender must not have been convicted in the past of any Federal or State crime of violence, sex offense, or other offense enumerated in the statute.
- the offender must not have escaped or attempted to escape from a BOP institution;
- the BOP must determine that the release of the offender to home detention will result in a substantial net reduction of costs to the federal government, and
- the BOP must determine that the offender poses no substantial risk of engaging in criminal conduct or of endangering any person if released to home detention.
IV) CARES Act: EXECUTIVE ORDER TO END JUNE 10 JUST AS A NEW BOP MEMO SURFACES
Coronavirus Aid, Relief and Economic Security (“CARES”) Act
- Mitigate the effect of COVID
- They can place you home earlier
- Case by Case
- By Medical, based on risk, to keep the staff and community safe.
- With an agency struggling with employee shortages, and inmates with low-security risk and high maintenance costs (“costly medical care”), unloading as many prisoners as possible seems like a sound fiscal policy…
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PREPARATION- it’s your Sentencing Hearing, Presentence Interview, and Personal Narrative
POST-COVID LONG-HAULER 12-2022
A positive example of breaking the recidivism paradigm
- LastMile.org, a program started at San Quentin State Prison. Located at San Quentin State Prison where they started the program, they prepare “incarcerated individuals for successful reentry through business and technology training”.
If You Suspect You’re The Target of a Federal Investigation | Before The Presentence Interview (PSI) | After The PSI – But Before The Sentencing Hearing | After Sentencing or You’re Already Incarcerated | There Are Still Things We Can Do
For a personal, one-on-one call with me to discuss your current issue, or that of a loved one, give me a call (240.888.7778). If I am unable to answer, please leave me your name, number, and a brief message, as I personally make every effort to return all of my calls – that same day. Marc
We are not Attorneys, you need legal representation.
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