FSA Credits Now Start Earlier: What Changed

The BOP just rewrote one of the most frustrating rules in the FSA — and if he sat in county waiting on his designation, this one matters to you directly.

I'm going to tell you exactly what changed, when it takes effect, and what you can do about it right now.

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1. FSA Credits Now Start When His Sentence Started — Not When He Arrived

On August 31, the BOP published a new rule in the Federal Register. It takes effect September 30.

Here's what changed:

Old rule: FSA time credits started earning on the day he arrived at his designated BOP facility.

New rule: Credits start when his federal sentence commenced — the day he was received into federal custody awaiting transportation, under 18 U.S.C. § 3585(a).

That gap matters. A lot of guys sit in county for weeks, sometimes longer, waiting on a designation. Under the old rule, that time was dead. It counted toward nothing. Under the new rule, it may count.

The courts pushed this. Miles v. Bowers (1st Cir. 2026) found the old rule in direct conflict with the FSA. The BOP didn't fight it.

Here's what the math looks like in practice: if he was programming-eligible, those county days could now earn 10 to 15 days of FSA credits per 30 days. If he sat there for 60 days waiting on designation, that's potentially 20 to 30 real days off the prerelease clock.

That's not hypothetical. That's the rule, effective September 30.

AFTER SEPTEMBER 30, pull up his case on the federal prison sentence calculator and check whether his FSA start date has moved. Then have him ask his case manager to recalculate — specifically citing the new rule and any county time he did waiting on designation.

If the date changed and the case manager hasn't updated it, that's the conversation to have.

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2. The Sentencing Commission Set Its 2027 Agenda

The Commission announced its priorities for 2027: a full evaluation of federal sentencing guidelines and practices going back four decades.

What's not on the table yet: meth purity distinctions, felon-in-possession reform. Both were floated but not adopted.

One thing worth watching: a proposal to make retroactive guideline amendments harder to pass — requiring five votes instead of four. It hasn't been adopted. It's a signal, not a change. I'll keep tracking it.

Nothing here moves his date. But it tells you where the Commission is putting its energy. The four-decade evaluation is real, and it could produce something.

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3. Gun Rights Restoration — Applications Open September 25

This one is specifically for families of guys with 18 U.S.C. § 922(g) convictions.

DOJ's Federal Firearm Rights Restoration (FFRR) program opens September 25 at justice.gov/ffrr. It is the first functioning pathway in decades for people convicted under 922(g) to apply for restoration of federal firearms rights.

The rollout is phased — invited applicants go first. If this applies to your LO, start gathering his paperwork now so he's not scrambling when his window opens.

This doesn't change his release date. But for families planning what life looks like after, it's the most significant development in this area in a long time.

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What I'm Still Watching

Smarter Sentencing Act (S.3959) — still in Senate committee. No markup scheduled.

Second Look Act (H.R.8549) — still in the House. No vote.

Maxwell v. Thomas — Supreme Court argument is scheduled for October. This is an FSA credit ruling. When it comes down, I'll break it down here.

BOP facility closures — six facilities are in the process of closing, with transfers ongoing. If he's at one of the affected facilities, his case manager should be his first call. Transfers can affect programming access, which affects credits.

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The One Thing to Do Before September 30

If he did any time in county waiting on his BOP designation, write down the dates. The day he was taken into federal custody. The day he arrived at his facility. That gap is what the new rule is about.

After September 30, he can take those dates to his case manager and ask for a recalculation. Having the dates in hand before that conversation is the difference between a five-minute correction and a paperwork loop that drags for weeks.

You can track where he stands right now using the federal prison sentence calculator.

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Be patient and never give up.

— Thatbopguy, 4.5 years federal

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Sources

• BOP Final Rule, Federal Register, August 31, 2026 (effective September 30, 2026)
• Miles v. Bowers, 1st Cir. 2026
• 18 U.S.C. § 3585(a)
• 18 U.S.C. § 922(g)
• DOJ Federal Firearm Rights Restoration program: justice.gov/ffrr
• U.S. Sentencing Commission 2027 priority amendments announcement
• Maxwell v. Thomas, U.S. Supreme Court (argument October 2026)