The Government Accountability Office (GAO) has released a damning report on the Federal Bureau of Prisons’ implementation of the First Step Act, finding that as of late 2024, approximately 70% of eligible inmates had not received all of their earned time credits under the landmark criminal justice reform law.
What the First Step Act Promised
Signed into law in December 2018, the First Step Act was hailed as the most significant federal criminal justice reform in a generation. Among its key provisions, the law created a system of “earned time credits” that allow eligible federal inmates to earn early release by participating in recidivism-reduction programming, such as educational courses, vocational training, and substance abuse treatment.
The system was designed to incentivize rehabilitation and reduce the federal prison population by giving inmates a meaningful path toward earlier release. Under the law, inmates can earn up to 15 days of credit for every 30 days of programming completed.
Implementation Failures
The GAO investigation found systemic problems in how the BOP calculates, tracks, and applies earned time credits. Specific issues include:
- Inadequate technology systems for tracking inmate participation in programs
- Inconsistent application of eligibility criteria across facilities
- Insufficient programming slots, meaning many inmates cannot earn credits even if they want to
- Delays in processing credit applications, with some inmates waiting months for reviews
“The Bureau of Prisons has had more than six years to implement this law, and the results are deeply disappointing,” said the GAO report’s lead author. “Thousands of people who should be closer to release — or already released — remain incarcerated because of bureaucratic failures.”
Impact on Inmates and Families
For the approximately 158,000 people housed in federal prisons across the country, the GAO findings represent more than statistics. Each unrealized credit translates to additional days, weeks, or months behind bars — time away from families, communities, and the opportunity to rebuild lives.
Advocacy organizations have filed lawsuits on behalf of affected inmates, arguing that the BOP’s failure to properly implement the law constitutes a violation of their statutory rights.
BOP Response
The Bureau of Prisons acknowledged the GAO’s findings and stated it is working to improve its systems. The agency pointed to recent technology upgrades and additional staff training as steps toward full compliance. However, the GAO noted that the BOP has made similar promises in the past without delivering meaningful results.
The report recommended that Congress increase oversight of the BOP’s implementation efforts and consider requiring regular public reporting on credit calculations and disbursements.
