- There’s no fixed “average.” Historically, the DOJ Inspector General found overall prerelease custody (halfway house + home confinement) averaged roughly 4–5 months, depending on the period and location.
- Legal caps still apply. By statute, BOP may give up to 12 months in a Residential Reentry Center (RRC/halfway house), and may use home confinement for the shorter of 10% of the sentence or 6 months.
- 2025 guidance matters. BOP has directed staff to use conditional placement dates and to combine (“stack”) First Step Act (FSA) credits with Second Chance Act (SCA) authority when appropriate, to maximize prerelease custody.
What the Second Chance Act Allows
The Second Chance Act (SCA) authorizes individualized prerelease custody near the end of a federal sentence. BOP can place a person in an RRC for up to 12 months, and a portion of that term can be served on home confinement—capped by statute at the shorter of 10% of the sentence or 6 months.
In deciding whether and how long, BOP must make an individualized determination using the five factors in 18 U.S.C. § 3621(b) (resources of the facility, nature/circumstances of the offense, history/characteristics of the person, court statements/recommendations, and relevant USSC policy statements). Staff guidance repeatedly emphasizes case-by-case review.
So What’s the “Average” SCA Time?
There isn’t a published national “average” the BOP guarantees. However, a DOJ OIG review reported typical prerelease custody (RRC + home confinement together) in the four-to-five month range during the audit period—illustrating that practice often falls short of the statutory maximums. Local bed space, risk/needs, and policy emphasis all influence outcomes.
How the Amount Is Tied to Your Sentence
- RRC (Halfway House): Up to 12 months, if justified. Not automatic.
- Home Confinement (SCA cap): Shorter of 10% of the sentence or 6 months (e.g., 24-month sentence → up to ~2.4 months HC; 60-month sentence → capped at 6 months HC).
- FSA Earned Time Credits (ETCs): Can move you into earlier prerelease custody or supervised release when eligible; in 2025 the BOP directed staff to use combined FSA + SCA conditional placement dates to maximize time in the community.
Do FSA Credits “Stack” with the Second Chance Act?
Yes—under current BOP guidance. In May–August 2025, the Bureau announced training and tools instructing staff to combine FSA earned time credits with SCA authority to produce conditional home-confinement and RRC placement dates and to move eligible people out sooner.
How to Improve Your Chances of More Community Time
- Lower your assessed risk and complete needs-based programming: Participate in FSA-eligible programs and maintain progress so your risk stays low; 18 U.S.C. § 3621(b) and FSA guidance push individualized, needs-driven decisions.
- Ask for an individualized five-factor review: Put in writing why your case meets the § 3621(b) factors for a longer RRC or earlier direct home confinement.
- Present a complete release plan: Verified residence, employment leads, transportation, treatment follow-up—and proof in your central file—make longer community placement more likely.
- Keep your conduct clean: Incident-free time strengthens referrals and re-reviews.
- Resolve detainers and verify education/work history: These frequently affect placement decisions.
- Use administrative remedies if needed: If a referral ignores key facts or the five-factor analysis, exhaust BP-8 through BP-11 to build a record for review. (See BOP RRC/home-confinement guidance via FOIA.)
Where RDAP Fits
The Residential Drug Abuse Program (RDAP) can reduce the underlying prison term by up to one year under 18 U.S.C. § 3621(e); it’s separate from SCA and FSA, but in practice RDAP completion + FSA credits + SCA placements can significantly increase time in the community near release.
Examples (Simplified)
- 24-month sentence: SCA home confinement cap ≈ 2.4 months; RRC up to 12 months if justified; FSA credits (if earned and eligible) can move dates forward and then be combined with SCA time.
- 60-month sentence: SCA home confinement still capped at 6 months; RRC up to 12 months; FSA credits can accelerate transfer into prerelease custody and stack with SCA where appropriate.
Note: Exact outcomes depend on eligibility, risk/needs, programming, and local capacity.
Bottom Line
While the law allows up to a year of halfway house and up to 6 months (or 10%) on home confinement, many people historically received only a few months total. The good news: current BOP guidance instructs staff to maximize prerelease custody by stacking FSA credits with SCA placements when appropriate. The best strategy is to keep risk low, complete needs-based programming, submit a documented five-factor request, and bring a tight release plan to every Program Review.
Need help? PrisonLawFirm.com works with prisoners, families, and lawyers nationwide to plan programming, correct files, pursue longer prerelease placements, and file remedies when decisions miss the mark.
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