The BOP Answers our Questions Regarding the FSA/ETC’s and the CARES Act
Below are both the questions we asked and their responses. I hope that you and your loved ones find this information helpful.
I outlined some questions to the BOP Public Affairs and they just answered me … so here is what is going on with FSA/Earned Time Credits and the CARES Act.
1) Can you please confirm when will the incarcerated individual receive the additional 5 days (credits) according to the First Step Act (Earned Time Credits)?
Recent changes have been made regarding assessments such that the 28-day assessment will count as the first, and that an inmate will be able to earn 15 days after two assessments rather than three. The expectation is these additional time credits will be calculated during the next scheduled application.
2) Can you please confirm when is the next update for the automated tool that calculates the credits?
The auto-calculation is expected to run later this month (March 2023).
3) Will this update solve the problem of not receiving the additional 5 days after the second PATTERN Score is performed?
As noted in response #1, recent changes will allow inmates to earn the extra 5 days of time credit for every 30-day period.
4) When is the BOP stating the end of CARES Act home confinement? In the proposed final rule in the Federal Register it stated the BOP intended to end the program 30 days after then end of the stated end of the emergency period (which I believe is May 11, 2023).
You are correct. The preamble to the proposed rule cited the CARES Act in stating that the “covered emergency period” begins the date the President declared a national emergency with respect to COVID-19 and ends 30 days after the date on which the President terminates the national emergency.
5) Has the BOP slowed placement of CARES Act home confinement as the approach to the end of CARES Act looms?
The Bureau of Prisons (BOP) has not made efforts to slow CARES Act home confinement placements as the end of the CARES Act approaches. We have issued no guidance regarding this matter.
6) Any idea when the final rule on CARES Act will appear in the federal register?
As of March 6, 2023, the draft final rule is with the White House’s Office of Management and Budget (OMB). This ordinarily is one of the last stages of review before publication. The BOP’s Office of General Counsel (OGC) continues to monitor the status of the draft final rule.
Office of Public Affairs
Office of Congressional and Public Affairs
Federal Bureau of Prisons
I hope this information is helpful!
Please feel free to contact me with any further questions.