When the First Step Act was enacted, it allowed inmates to earn Federal Time Credits for participating in Evidence Based Recidivism Reduction programming and Productive Activities. The BOP created an “Auto” Calculator that crunches the numbers and determines how many Programming Days should be divided into 30 calendar days and then calculates the total number of “Earned” Federal Time Credits an inmate has earned. The only problem, there is nothing “Auto” about the auto-calculator.
With the First Step Act, an inmate can earn a maximum of 365 days off their sentence if they meet all the right criteria. The BOP is presently awarding only 10 days per 30 calendar days of FTCs based on their interpretation of the law for the first 6 months and then bumps that number to 15 FTCs per 30 calendar programming days thereafter.
One function of the Auto-Calculator is the ability to account for “Carry Over” days. A Carry Over Day is simply the number of days in excess of 30 programming days but less than another 30 days. Inmates earn FTCs on every 30 programming days only. Any excess days not dividable by 30 programming days are “Carry Over Days”.
Carry Over days are becoming an issue with Federal Time Credits being “auto-calculated” with the BOPs only running the calculator once per month. Assume an inmate arrives at a designated location on July 15, 2024. The auto-calculator is run on the last weekend of the month, therefore, that inmate would have zero (0) Federal Time Credits on the last weekend of the month for the month of July. After the whole month of August, the auto-calculator would run on the weekend of August 31, 2024. The inmate would have a total of 48 Programming Days in which he/she would be credited with 10 total Federal Time Credits being earned and 18 Carry Over Days that are basically stored for another day.
The real problem with the auto-calculator is that it is only run once per month. According to Susan Giddings, PhD and Bruce Cameron, MS, as stated in their recently released book “Unlocking Federal Time Credits, A Guide For Lawyers, Inmates and Families”, this is due to the size and complexity of the auto calculator program and the complexities in determining some very basic and simple math. It should be noted that both Giddings and Cameron are former employees with the Bureau of Prisons, and as stated in the book, Giddings is purported to be the “Foremost Authority on Federal Time Credits”.
Because the auto-calculator is only run once per month, the inmate could be held in custody beyond his Federal First Step Act release date. Taking the example above, a surrender date of July 15, 2024 on a 20 month sentence, the individual could earn a maximum of 150 days of Federal Time Credits towards a reduction in his sentence to Supervised Release. His “Projected FSA Release Date” would be July 18, 2025. However, the individual would have to wait until the last weekend of the month of July to receive the 150 days FTCs because of the decision to run the auto-calculator only once per month and not daily.
On June 30, 2025, the auto-calculator would show that the individual has 135 FSA FTCs earned. The PRD based on the auto-calculator numbers would have a PRD of August 2, 2025 and that he/she would have 21 Carry Over days. However, just 9 days later, the individual will have another 30 programming days banked, bringing the 21 Carry Over days PLUS the 9 programming calendar days together to a total of thirteen (13) 30 day units to be calculated and thus bring the Projected Release Date to July 18, 2025. Yet, because the individual will have to wait for the auto-calculator to run on the last weekend of the month of July 2025, that individual is incarcerated beyond his/her release date, effectively being detained approximately 22 days beyond the release date.
Fixing the auto-calculator is a pretty straightforward necessity. Converting the auto-calculator into a daily run program that updates release dates automatically, notifies Case Managers, Unit Team Managers, Wardens, Halfway House staff members as well as the individual incarcerated should be mandated by Congress. The amount of money tax payers are losing because of the ineptness of those individuals behind the creation of the auto-calculator program has no doubt cost the United States in excess of millions of dollars already.
Fixing The Auto-Calculator Is A Must! We encourage you to sign the petition and help us get this message to the US Senate Judiciary Committee. Thank You.
Carey M. Bilyeu
President
USA First Step
To:
US Senate Judiciary Committee Members
From:
[Your Name]
USA First Step
101 E. McKinney Street
PO Box 1685
Denton, TX 76202
President@USAFirstStep.com
To: The The Honorable Dick Durbin
Chairperson U.S. Senate Judiciary Committee
224 Dirksen Senate Office Building
Washington, DC 20510
Dear Chairperson Dick Durbin and Members of the Committee,
We hope this letter finds you well. We are writing to urgently bring to your attention a critical issue regarding the Bureau of Prisons' (BOP) Auto-Calculator, which plays a pivotal role in implementing the Federal Time Credits (FTC) provision of the First Step Act.
As you are aware, the First Step Act empowers inmates to earn Federal Time Credits through participation in Evidence-Based Recidivism Reduction programming and Productive Activities. However, the BOP's Auto-Calculator, designed to streamline this process, is currently plagued with inefficiencies that could lead to unjust extended incarceration.
Shockingly, the Auto-Calculator operates only once a month, leading to significant delays in accounting for FTCs. This can cause inmates to serve additional time beyond their earned FSA release dates. For example, an inmate arriving at a designated location mid-month may receive zero FTCs for that month, despite completing programming days.
This not only undermines the First Step Act’s intent but also imposes an unnecessary financial burden on taxpayers. Experts like Susan Giddings, PhD, and Bruce Cameron, MS, indicate the urgent need for reform.
We propose that Congress mandate a daily operation for the Auto-Calculator. This change would ensure timely updates to release dates, communicated promptly to all relevant parties, including Case Managers, Unit Team Managers, and the incarcerated individuals themselves. The resulting savings in taxpayer dollars is significant and the restoration of justice for those affected would be invaluable.
The time to act is now. We urge you to champion this essential change and support the necessary adjustments to the Auto-Calculator. Together, we can ensure that the First Step Act achieves its promise of reducing recidivism and offering fair rehabilitation opportunities.
On behalf of myself and other supporters of USA First Step, we thank you for your time and attention to this critical matter. We are eager to witness positive changes that uphold the values of justice and efficiency within our prison system.
Sincerely,
USA First Step
www.usafirststep.com
