Prison Law Firm • Federal Reentry & Sentencing Guide
Updated November 5, 2025 • General information only; not legal advice.
- Compassionate release (§ 3582(c)(1)(A))—court may reduce sentence for extraordinary and compelling reasons.
- First Step Act (FSA) Earned Time Credits—credits can accelerate eligibility for prerelease custody (RRC/home confinement).
- RDAP (§ 3621(e))—successful completion can grant up to 12 months off, if eligible.
- Rule 35/5K1.1—cooperation-based reductions (government motion required).
- Home confinement / RRC (§ 3624(c))—prerelease placement near the end of sentence, subject to the 10%/6-month cap for home confinement.
1) Compassionate Release (18 U.S.C. § 3582(c)(1)(A))
Compassionate release allows a judge to reduce a sentence for “extraordinary and compelling reasons.” Common grounds include serious medical conditions, advanced age with time served, or urgent family circumstances. Petitioners generally must exhaust administrative steps or wait the statutory period before filing in court.
- Keys to success: clear medical/family documentation, verified release plan, and evidence of rehabilitation.
- Good to know: even if the Bureau of Prisons denies a request, individuals may file after the waiting period.
2) First Step Act Earned Time Credits (FSA ETC)
Qualifying programming and productive activities earn credits that can be applied toward earlier eligibility for prerelease custody. The Bureau may display a Conditional Placement Date reflecting when credits make someone eligible for RRC or home confinement, subject to risk/needs and the statutory home-confinement cap.
- Action steps: confirm credits post monthly, verify needs/risk assessments, and ensure program completions are recorded.
- Tip: check that detainers or unmet program prerequisites aren’t delaying placement.
3) RDAP Early Release (18 U.S.C. § 3621(e))
The Residential Drug Abuse Program can reduce a sentence by up to 12 months for eligible participants who complete the program, along with transitional requirements. Certain offenses and prior convictions may limit eligibility.
- Verify eligibility early: substance-use diagnosis and security level can affect placement timelines.
- Coordinate with Unit Team: earlier enrollment usually means earlier program completion and potential release benefits.
4) Rule 35 & 5K1.1 (Cooperation-Based Reductions)
These reductions require a government motion. 5K1.1 applies at sentencing for substantial assistance; Rule 35(b) can apply post-sentencing for later assistance. Outcomes vary widely based on the value and timing of cooperation and the government’s position.
5) Home Confinement & Halfway House (RRC) — 18 U.S.C. § 3624(c)
Near the end of a sentence, the BOP may place a person in prerelease custody. Home confinement is limited by law to the shorter of 10% of the sentence or 6 months. RRC placement and the mix between RRC/home confinement depend on needs, risk, programming, and local resources.
- Check your dates: confirm Good Conduct Time and FSA credits are fully posted; ask for your projected prerelease and home-confinement dates.
- If dates look wrong: request a written breakdown and, if needed, pursue administrative remedies.
What Changes Timelines?
| Factor | Effect | What to Do |
|---|---|---|
| Program completions (FSA/RDAP) | Can accelerate prerelease eligibility | Confirm credits posting; keep records |
| Detainers / pending cases | May limit placements | Work with counsel to resolve or document status |
| Medical/family changes | May support compassionate release | Gather documentation; build release plan |
| Disciplinary issues | Can delay placements/credits | Appeal where appropriate; maintain clear record |
Checklist: Preparing an Early-Release Request
- Confirm sentence computation, Good Conduct Time, and FSA credit postings.
- Collect medical, family, employment, and housing documentation.
- Draft a concise narrative and proposed release plan (supervision, housing, treatment).
- If compassionate release: address “extraordinary and compelling” grounds and § 3553(a) factors.
- If dates/credits are wrong: use the administrative remedy process to preserve the record.
Request a same-day review.
Frequently Asked Questions
Is early release guaranteed if I complete programs?
No. Programs can make you eligible earlier, but placement or reductions depend on law, policy, and individual circumstances.
Can I combine pathways?
Yes. Someone might complete RDAP, earn FSA credits, and also qualify for RRC/home confinement. Each pathway has its own rules and limits.
What if my Unit Team won’t update my dates?
Ask for a written explanation and escalate through the administrative remedy process. Consider legal assistance if errors persist.