[Federal Register Volume 85, Number 228 (Wednesday, November 25, 2020)]
[Proposed Rules]
[Pages 75268-75273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25597]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Parts 523 and 541

[BOP-1176P]
RIN 1120-AB76


FSA Time Credits

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed rule.

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SUMMARY: This proposed rule would codify the Bureau of Prisons (Bureau) 
procedures regarding time credits as authorized by the First Step Act 
of 2018 (FSA), hereinafter referred to as ``FSA Time Credits.'' The FSA 
provides that eligible inmates may earn FSA Time Credits towards pre-
release custody or early transfer to supervised release for 
successfully completing approved Evidence-Based Recidivism Reduction 
programs or Productive Activities that are assigned to the inmate based 
on the inmate's risk and needs assessment. Eligible inmates include 
those individuals who are sentenced under the U.S. Code and in the 
custody of the Bureau. However, as required by the FSA, an inmate 
cannot earn FSA Time Credits if he or she is serving a sentence for a 
disqualifying offense or has a disqualifying prior conviction. However, 
these inmates can still earn other benefits, as authorized by the 
Bureau, for successfully completing recidivism reduction programming.

DATES: Electronic comments must be submitted, and written comments must 
be postmarked, no later than 11:59 p.m. on January 25, 2021.

ADDRESSES: Please submit electronic comments through the 
regulations.gov website, or mail written comments to the Rules Unit, 
Office of General Counsel, Bureau of Prisons, 320 First Street NW, 
Washington, DC 20534.

FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General 
Counsel, Bureau of Prisons, phone (202) 353-8248.

SUPPLEMENTARY INFORMATION:

Posting of Public Comments

    Please note that all comments received are considered part of the 
public record and made available for public inspection online at 
www.regulations.gov. If you want to submit personal identifying 
information (such as your name, address, etc.) as part of your comment, 
but do not want it to be posted online, you must include the phrase 
``PERSONAL IDENTIFYING INFORMATION'' in the first paragraph of your 
comment. You must also locate

[[Page 75269]]

all the personal identifying information you do not want posted online 
in the first paragraph of your comment and identify what information 
you want redacted.
    If you want to submit confidential business information as part of 
your comment but do not want it to be posted online, you must include 
the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first paragraph 
of your comment. You must also prominently identify confidential 
business information to be redacted within the comment. If a comment 
contains so much confidential business information that it cannot be 
effectively redacted, all or part of that comment may not be posted 
www.regulations.gov.
    Personal identifying information identified and located as set 
forth above will be placed in the agency's public docket file, but not 
posted online. Confidential business information identified and located 
as set forth above will not be placed in the public docket file. If you 
wish to inspect the agency's public docket file in person by 
appointment, please see the FOR FURTHER INFORMATION CONTACT paragraph.

The Proposed Rule

    This proposed rule would codify the Bureau of Prisons (Bureau) 
procedures regarding FSA Time Credits as authorized by 18 U.S.C. 
3632(d)(4) and Section 101 of the First Step Act of 2018 (Pub. L. 115-
391, December 21, 2018, 132 Stat 5194) (FSA). The FSA provides that an 
eligible inmate in Bureau custody who successfully completes an 
Evidence-Based Recidivism Reduction program or Productive Activity that 
is assigned to the inmate based on the inmate's risk and needs 
assessment may earn FSA Time Credits to be applied towards pre-release 
custody (i.e., transfer to a Residential Reentry Center (RRC) or home 
confinement for service of a portion of the inmate's sentence) or early 
transfer to supervised release (i.e., early satisfaction of the 
inmate's sentence) under 18 U.S.C. 3624(g). This proposed rule does not 
address the procedures for determining whether an individual inmate 
will have FSA Time Credits applied towards prerelease custody, early 
transfer to supervised release, a combination of both, or neither; this 
proposed rule only addresses the procedures for earning, awarding, 
loss, and restoration of FSA Time Credits.
    As required by the FSA in 18 U.S.C. 3632(d)(4)(D), an inmate cannot 
earn FSA Time Credits if he or she is serving a sentence for a 
disqualifying offense or has a disqualifying prior conviction as 
specified in 18 U.S.C. 3632(d)(4)(D). However, these inmates can still 
earn other benefits as authorized by the Bureau for successfully 
completing recidivism reduction programming.
    The Bureau proposes to add a new subpart E to part 523 of Chapter 
V, entitled ``FSA Time Credits,'' which would contain regulations 
defining terms in more detail and describing how inmates may earn or 
forfeit FSA Time Credits. Section 523.40 would set forth the purpose of 
the subpart. The Bureau's proposed definitions of an Evidence-Based 
Recidivism Reduction program and Productive Activity in Sec.  523.41 
conform to the definitions provided by the FSA in 18 U.S.C. 3635(3) and 
(5) respectively.
    The regulation next addresses successful completion, indicating 
that eligible inmates must successfully complete each Evidence-Based 
Recidivism Reduction program or Productive Activity that are assigned 
to the inmate based on the inmate's risk and needs assessment before 
they may earn FSA Time Credits. The requirements to successfully 
complete an Evidence-Based Recidivism Reduction program or Productive 
Activity are defined by the Bureau for each Evidence-Based Recidivism 
Reduction program or Productive Activity. The requirements will be 
based on the specific elements of each Evidence-Based Recidivism 
Reduction program or Productive Activity, and may vary based on the 
curricula, duration, or the specific needs or of either the Evidence-
Based Recidivism Reduction program/Productive Activity or the inmate 
participating.
    Eligible inmates are also described in this section: An ``eligible 
inmate'' is any inmate sentenced under the U.S. Code and in the custody 
of the Bureau who is not serving a term of imprisonment for a 
conviction specified in 18 U.S.C. 3632(d)(4)(D). An inmate who is in 
the custody of the Bureau, but is serving a term of imprisonment for a 
conviction under the law of one of the fifty (50) states, the District 
of Columbia, Guam, Puerto Rico, the U.S. Virgin Islands, the 
Commonwealth of the Mariana Islands, American Samoa, or any other 
territory or possession of the United States is not an ``eligible 
inmate.'' As the FSA also indicates, an inmate who is eligible to earn 
FSA Time Credits and not subject to a final order of removal under 
immigration laws as defined in 8 U.S.C. 1101(a)(17) may have FSA Time 
Credits applied towards pre-release custody or early transfer to 
supervised release under 18 U.S.C. 3624(g).
    The proposed regulations also explain in Sec.  523.42 that eligible 
inmates must successfully complete each Evidence-Based Recidivism 
Reduction program or Productive Activity that is assigned to the inmate 
based on the inmate's risk and needs assessment before they may earn 
FSA Time Credits. Consistent with the FSA, FSA Time Credits will not be 
given for anything less than successful completion. After successful 
completion of an Evidence-Based Recidivism Reduction program or 
Productive Activity, an eligible inmate may be awarded ten days of FSA 
Time Credits for every thirty ``days'' of participation. A ``day'' is a 
unit defined as one eight-hour-period of a successfully completed 
Evidence-Based Recidivism Reduction program or Productive Activity. The 
Bureau derives its proposal for earning FSA Time Credits from 18 U.S.C. 
3632(d)(4)(A)(i), which indicates that inmates ``shall earn 10 days of 
Time Credits for every 30 days of successful participation in evidence-
based recidivism reduction programming or productive activities.''
    As authorized by the FSA in 18 U.S.C. 3632(d)(4)(A)(ii), inmates 
may earn an additional five days of FSA Time Credits for every thirty 
``days'' (with a ``day'' defined as one eight-hour-period) of 
participation in a successfully completed Evidence-Based Recidivism 
Reduction program or Productive Activity that is assigned to the inmate 
based on the inmate's risk and needs assessment if the inmate is at a 
minimum or low risk for recidivating and has had no increased risk of 
recidivism over the most recent two consecutive assessments conducted 
by the Bureau of Prisons.
    FSA Time Credits may only be earned for successful completion of an 
Evidence-Based Recidivism Reduction program and Productive Activity 
assigned to the inmate based on the inmate's risk and needs assessment, 
and only for those successfully completed on or after January 15, 2020. 
Additionally, an inmate may only earn FSA Time Credits after the date 
that inmate's term of imprisonment commences, which is defined as when 
the inmate arrives or voluntarily surrenders at the facility where the 
sentence will be served. Further, FSA Time Credits can only be earned 
while an inmate is in a Bureau facility, and will not be earned if an 
inmate is in a Residential Reentry Center or on home confinement.
    FSA Time Credits may be lost through inmate discipline procedures 
described in 28 CFR part 541 if an inmate violates prison rules or 
requirements/rules of an Evidence-Based Recidivism Reduction program or 
Productive Activity. The FSA authorizes the Bureau to develop

[[Page 75270]]

procedures for the reduction of FSA Time Credits for inmates under 
these circumstances. See 18 U.S.C. 3632(e). If this occurs, inmates may 
seek review of the loss of earned FSA Time Credits through the Bureau's 
Administrative Remedy Program (28 CFR part 542).
    Also, inmates may have part or all of the lost FSA Time Credits 
restored to them, to be determined on a case-by-case basis, after clear 
conduct for at least four consecutive risk assessments. In the case of 
a loss of FSA Time Credits due to a violation of the requirements and/
or rules of an Evidence-Based Recidivism Reduction program or 
Productive Activity, an inmate may have FSA Time Credits restored if 
the inmate successfully completes an Evidence-Based Recidivism 
Reduction program or Productive Activity assigned to the inmate based 
on the inmate's risk and needs assessment after the date of the rule or 
program violation, again, to be determined on a case-by-case basis.
    The Bureau also proposes to make conforming amendments in 28 CFR 
part 541 to regulations on inmate discipline. As part of the FSA Time 
Credits proposal, the Bureau proposes to add in Sec.  541.3, Table 1 
(Prohibited Acts and Available Sanctions), appropriate sanctions to 
allow for forfeiture of FSA Time Credits in escalating amounts 
depending on the severity level of the prohibited act committed. The 
FSA Time Credit forfeiture sanctions mirror the current forfeiture 
sanctions in place for loss of Good Conduct Time. If an inmate commits 
a second violation of the same Low Severity prohibited act code within 
a six months, that inmate may receive a sanction of forfeiture of up to 
7 days of FSA Time Credits, but a third violation of the same 
prohibited act within six months period may result in a sanction of 
forfeiture of up to 14 days of FSA Time Credits. For commission of a 
prohibited act in the Moderate category, a sanction up to 30 days of 
FSA Time Credits credit may be applied. Commission of a High Severity 
act may result in forfeiture of up to 60 days of FSA Time Credits, and 
commission of a Greatest Severity act may result in forfeiture of up to 
120 days of FSA Time Credits.
    All sanctions involving loss of FSA Time Credits may only be 
imposed by in the discretion of a Disciplinary Hearing Officer (DHO) 
after the process described in 28 CFR part 541, and may also be 
appealed through the Bureau's Administrative Remedy Process described 
in 28 CFR part 542. The procedures in 28 CFR parts 541 and 542 allow 
for inmate discipline and an appeals process that are both well-
established and consistent with current Bureau operations. Bureau DHOs 
will use their considerable correctional experience and training, as 
they currently do, and will only, after careful consideration of 
several factors, including the nature and seriousness of the violation 
in connection with the FSA Time Credit Program, limit appropriate 
sanctions to befit the nature of the prohibited act committed.

Regulatory Analyses

Executive Orders 12866, 13563, and 13771

    This proposed rule falls within a category of actions that the 
Office of Management and Budget (OMB) has determined constitutes a 
``significant regulatory actions'' under section 3(f) of Executive 
Order 12866 and, accordingly, it was reviewed by OMB.
    The economic impact of this proposed rule is limited to a specific 
subset of inmates who are eligible to both earn and apply FSA Time 
Credits towards additional prerelease custody or early transfer to 
supervised release.
    Under the FSA, FSA Time Credits may be earned by an eligible inmate 
who is assessed to have a minimum or low risk for recidivating and who 
has had no increased risk of recidivism over the most recent two 
consecutive assessments conducted by the Bureau. Consistent with the 
FSA, inmates in Bureau custody are assessed under its risk assessment 
system, Prisoner Assessment Tool Targeting Estimated Risk and Need 
(PATTERN), which includes both static and dynamic elements. For example 
on August 27, 2020, 131,386 inmates had been assessed under PATTERN and 
received a PATTERN score were in Bureau custody. The PATTERN scores for 
the entire group of 131,386 were: 50,060 classifed as high; 25,043 
classified as medium; 38,084 classified as low; and 18,199 classified 
as minium. Of these inmates, approximately 65,000 would be ineligible 
to earn FSA Time Credits under the FSA due to the inmate's crime of 
conviction. This data represent a snapshot of those inmates in Bureau 
custody as of August 27, 2020. The Bureau anticipates that this data 
will change continually, as inmates in custody earn reductions in 
PATTERN risk classification, based on program participation and other 
dynamic factors, and inmates enter and release from Bureau custody.
    The Bureau anticipates that as a result of this proposed rule and 
the FSA, additional inmates will engage in programming to earn FSA Time 
Credits. As discussed above, FSA Time Credits may be earned for 
successful completion of an Evidence-Based Recidivism Reduction program 
or Productive Activity that is assigned to an inmate based on the 
inmate's needs assessment. The current list of these programs can be 
found at: https://www.bop.gov/inmates/fsa/docs/evidence_based_recidivism_reduction_programs.pdf. These programs are 
available to all inmates regardless of an inmate's elibility to earn 
FSA Time Credits. At present, the Bureau has existing funding that 
provides for each of the Evidence-Based Recidivism Reduction programs 
and Productive Activities listed, so the Bureau will not experience 
current additional programming costs as a reslt of the proposed rule.
    The proposed rule may also result in movement of eligible inmates 
who earn FSA Time Credits from Bureau facilities to prerelease custody 
in the community (including Residential Reentry Centers (RRCs) and/or 
home confinement) earlier in the course of their confinement and for a 
longer period of time than would have previously occurred. In some 
cases, this transfer of time from secured confinement to prerelease 
custody may result in increased costs, depending on the relative costs 
of the inmate's current facility and the costs associated with housing 
and/or supervision in prerelease custody.
    The proposed rule may also result in the early transfer of inmate 
from custody to supervised release, functionally shortening their 
sentences. In such cases, the Bureau would benefit from the avoidance 
of costs which would otherwise have been incurred to confine the 
affected inmates for that amount of time.
    Notably, this proposed rule is limited to the processes for 
earning, awarding, and losing FSA Time Credits, and does not address 
the mechanisms through which those FSA Time Credits may be applied 
towards additional time in prerelease custody or early transfer to 
supervised release. Future decisions on that issue will significantly 
impact the relative amount of cost increases and cost savings to the 
Bureau. At present, therefore, specific costs or savings for these 
future actions cannot be calculated. Further, any increased costs or 
savings resulting from application of this proposed rule will only be 
realized at the end of an eligible inmate's sentence, as they are 
transferred to prerelease custody and/or released earlier to commence 
their term of supervised release. Therefore, the increased costs or 
cost savings realized from this proposed rule will not be fully 
realized for years to come, as increasing

[[Page 75271]]

numbers of inmates have opportunities to earn FSA Time Credits over 
their terms of incarceration. Any economic impacts will occur gradually 
over time as the number of impacted inmates, and the quantity of time 
credits they accrue, increase.
    For these reasons, it is not possible to forecast the actual 
economic effect which may occur as a result of this proposed rule. 
However, given the mix of cost increases and savings which may result, 
the overall long-term economic impact is expected to be marginal in 
either direction.

Executive Order 13132

    This proposed rule will not have substantial direct effect on the 
States, on the relationship between the national government and the 
States, or on distribution of power and responsibilities among the 
various levels of government. Therefore, under Executive Order 13132, 
we determine that this proposed rule does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

Regulatory Flexibility Act

    The Director of the Bureau of Prisons, under the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), reviewed this proposed rule and by 
approving it certifies that it will not have a significant economic 
impact upon a substantial number of small entities for the following 
reasons: This proposed rule pertains to the correctional management of 
offenders committed to the custody of the Attorney General or the 
Director of the Bureau of Prisons, and its economic impact is limited 
to the Bureau's appropriated funds.

Unfunded Mandates Reform Act of 1995

    This proposed rule will not result in the expenditure by State, 
local and tribal governments, in the aggregate, or by the private 
sector, of $100,000,000 or more in any one year, and it will not 
significantly or uniquely affect small governments. Therefore, no 
actions were deemed necessary under the provisions of the Unfunded 
Mandates Reform Act of 1995.
    Congressional Review Act. This proposed rule is a not major rule as 
defined by the Congressional Review Act, 5 U.S.C. 804. This proposed 
rule will not result in an annual effect on the economy of $100,000,000 
or more; a major increase in costs or prices; or significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based companies to 
compete with foreign-based companies in domestic and export markets.

List of Subjects

28 CFR Part 523

    Prisoners.

28 CFR Part 541

    Administrative practice and procedure, Prisoners.

Michael D. Carvajal,
Director, Federal Bureau of Prisons.

    Under rulemaking authority vested in the Attorney General in 5 
U.S.C. 301; 28 U.S.C. 509, 510 and delegated to the Director, Bureau of 
Prisons in 28 CFR 0.96, we propose to amend 28 CFR parts 523 and 541 as 
follows:

PART 523--COMPUTATION OF SENTENCE

0
1. The authority citation for 28 CFR part 523 is revised to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 3568 (repealed November 1, 
1987 as to offenses committed on or after that date), 3621, 3622, 
3624, 3632, 3635, 4001, 4042, 4081, 4082 (Repealed in part as to 
conduct occurring on or after November 1, 1987), 4161-4166 (repealed 
October 12, 1984 as to offenses committed on or after November 1, 
1987), 5006-5024 (Repealed October 12, 1984 as to conduct occurring 
after that date), 5039; 28 U.S.C. 509, 510.

0
2. Add Subpart E to part 523, to read as follows:

Subpart E--First Step Act Time Credits

Sec.
523.40 Purpose.
523.41 Definitions.
523.42 Earning First Step Act Time Credits.
523.43 Loss of FSA Time Credits.


Sec.  523.40   Purpose.

    (a) The purpose of this subpart is to describe time credits 
authorized by 18 U.S.C. 3632(d)(4) and Section 101 of the First Step 
Act of 2018 (Pub. L. 115-391, December 21, 2018, 132 Stat 5194) (FSA), 
hereinafter referred to as ``FSA Time Credits''.
    (b) Generally, as defined and described in this subpart, an 
eligible inmate who successfully completes an Evidence-Based Recidivism 
Reduction program or Productive Activity that is assigned to the inmate 
based on the inmate's risk and needs assessment may earn FSA Time 
Credits to be applied towards pre-release custody or early transfer to 
supervised release under 18 U.S.C. 3624(g).


Sec.  523.41   Definitions.

    (a) Evidence-Based Recifivism Reduction program. (1) Definition. A 
group or individual activity that:
    (i) Has been shown by empirical evidence to reduce recidivism or is 
based on research indicating that it is likely to be effective in 
reducing recidivism; and
    (ii) Is designed to help prisoners succeed in their communities 
upon release from prison.
    (2) Types of Evidence-Based Recidivism Reduction programs. 
Evidence-Based Recidivism Reduction programs may include programs 
involving the following types of activities:
    (i) Social learning and communication, interpersonal, anti-
bullying, rejection response, and other life skills;
    (ii) Family relationship building, structured parent-child 
interaction, and parenting skills;
    (iii) Classes on morals or ethics;
    (iv) Academic classes;
    (v) Cognitive behavioral treatment;
    (vi) Mentoring;
    (vii) Substance abuse treatment;
    (viii) Vocational training;
    (ix) Faith-based classes or services;
    (x) Civic engagement and reintegrative community services;
    (xi) Inmate work/employment opportunities;
    (xii) Victim Impact Classes or other Restorative justice programs; 
and
    (xiii) Trauma counseling and trauma-informed support programs.
    (b) Productive activity. A group or individual activity that allow 
an inmate with a minimum or low risk of recidivating to remain 
productive and thereby maintain a minimum or low risk of recidivating.
    (c) Successful completion. (1) An eligible inmate must successfully 
complete an Evidence-Based Recidivism Reduction program or Productive 
Activity before the inmate may earn FSA Time Credits for that Evidence-
Based Recidivism Reduction program or Productive Activity.
    (2) The requirements to successfully complete an Evidence-Based 
Recidivism Reduction program or Productive Activity are defined by the 
Bureau of Prisons (Bureau) for each Evidence-Based Recidivism Reduction 
program or Productive Activity. The requirements to successfully 
complete an Evidence-Based Recidivism Reduction program or Productive 
Activity will be based on the specific elements of each Evidence-Based 
Recidivism Reduction program or Productive Activity, and may vary based 
on the curricula, duration, or the specific needs or requirements of 
either the Evidence-Based Recidivism Reduction program or Productive 
Activity or the inmate participating.
    (d) Eligible inmates. (1) Definition. An ``eligible inmate'' is any 
inmate who is

[[Page 75272]]

sentenced under the U.S. Code and in the custody of the Bureau who is 
not serving a term of imprisonment for a conviction specified in 18 
U.S.C. 3632(d)(4)(D). Only an ``eligible inmate'' is eligible to earn 
FSA Time Credits. An inmate who is in the custody of the Bureau, but is 
serving a term of imprisonment pursuant to only a conviction for an 
offense under the law of one of the fifty (50) states, the District of 
Columbia, Guam, Puerto Rico, the U.S. Virgin Islands, the Commonwealth 
of the Mariana Islands, American Samoa, or any other territory or 
possession of the United States is not an ``eligible inmate.''
    (2) Eligible to have FSA Time Credits applied towards pre-release 
custody or early transfer to supervised release. Any inmate who is 
subject to a final order of removal under immigration laws as defined 
in 8 U.S.C. 1101(a)(17) is not eligible to have FSA Time Credits 
applied towards pre-release custody or early transfer to supervised 
release under 18 U.S.C. 3624(g).


Sec.  523.42   Earning First Step Act Time Credits.

    An eligible inmate who successfully completes an Evidence-Based 
Recidivism Reduction program or Productive Activity that is assigned to 
the inmate based on the inmate's risk and needs assessment may earn FSA 
Time Credits as follows:
    (a) An eligible inmate must successfully complete each Evidence-
Based Recidivism Reduction program or Productive Activity before the 
inmate may earn FSA Time Credits. FSA Time Credits will not be given 
for anything less than successful completion of each Evidence-Based 
Recidivism Reduction program or Productive Activity.
    (b) After an eligible inmate successfully completes an Evidence-
Based Recidivism Reduction program or Productive Activity, the eligible 
inmate will be awarded ten days of FSA Time Credits for every thirty 
``days'' of participation in a successfully completed Evidence-Based 
Recidivism Reduction program or Productive Activity. For purposes of 
earning FSA Time Credits, a ``day'' is defined as one eight-hour period 
of participation in an Evidence-Based Recidivism Reduction program or 
Productive Activity that an eligible inmate successfully completes.
    (c) Low/Minimum recidivism risk. An eligible inmate will earn an 
additional five days of FSA Time Credits for every thirty ``days'' of 
participation in a Evidence-Based Recidivism Reduction program or 
Productive Activity that the eligible inmate successfully completes if 
the inmate:
    (1) Is determined by the Bureau to be at a minimum or low risk for 
recidivating; and
    (2) Has not increased his or her risk of recidivism over the most 
recent two consecutive risk and needs assessments conducted by the 
Bureau. For purposes of earning FSA Time Credits, a ``day'' is defined 
as one eight-hour period of participation in an Evidence-Based 
Recidivism Reduction program or Productive Activity that an eligible 
inmate successfully completes.
    (d) When FSA Time Credits may be earned. FSA Time Credits may only 
be earned by an eligible inmate:
    (1) For an Evidence-Based Recidivism Reduction program or 
Productive Activity authorized by the Bureau, that is assigned to the 
particular inmate based on his or her risk and needs assessment, and 
which the eligible inmate successfully completes on or after January 
15, 2020; and
    (2) After the date that the inmate's term of imprisonment 
commences. An inmate's term of imprisonment commences when the inmate 
arrives or voluntarily surrenders at the designated Bureau facility 
where the sentence will be served.
    (3) FSA Time Credits can only be earned while an eligible inmate is 
in a Bureau facility. FSA Time Credits will not be earned in a 
Residential Reentry Center or on home confinement.


Sec.  523.43   Loss of FSA Time Credits.

    (a) Inmates may lose earned FSA Time Credits for violation of 
prison rules, or requirements and/or rules of an Evidence-Based 
Recidivism Reduction program or Productive Activity. The procedures for 
loss of FSA Time Credits are those described in 28 CFR part 541.
    (b) Inmates may seek review of the loss of earned FSA Time Credits 
through the Bureau's Administrative Remedy Program (28 CFR part 542).
    (c) Inmates who have lost FSA Time Credits under this regulation 
may have part or all of the FSA Time Credits restored to them, on a 
case-by-case basis, after:
    (1) Clear conduct for at least four consecutive risk and needs 
assessments; or
    (2) In the case of a loss of FSA Time Credits due to a violation of 
the requirements and/or rules of an Evidence-Based Recidivism Reduction 
program or Productive Activity, after successful completion of an 
Evidence-Based Recidivism Reduction program or Productive Activity 
assigned based on the risk and needs assessment after the date of the 
rule or program violation.

PART 541--INMATE DISCIPLINE AND SPECIAL HOUSING UNITS

0
2. The authority citation for part 541 continues to read as follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042, 
4081, 4082 (Repealed in part as to offenses committed on or after 
November 1, 1987), 4161-4166 (Repealed as to offenses committed on 
or after November 1, 1987), 5006-5024 (Repealed October 12, 1984 as 
to offenses committed after that date), 5039; 28 U.S.C. 509, 510.

0
3. In Sec.  541.3, amend Table 1 by adding the entry B.2 under the 
headings ``Available Sanctions for Greatest Severity Level Prohibited 
Acts'', ``Available Sanctions for High Severity Level Prohibited 
Acts'', ``Available Sanctions for Moderate Severity Level Prohibited 
Acts'', and ``Available Sanctions for Low Severity Level Prohibited 
Acts'' to read as follows:


Sec.  541.3   Prohibited acts and available sanctions

* * * * *

            Table 1--Prohibited Acts and Available Sanctions
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------
     Available Sanctions for Greatest Severity Level Prohibited Acts
------------------------------------------------------------------------
 
                              * * * * * * *
B.2..................  Forfeit up to 120 days of FSA Time Credits.
 

[[Page 75273]]

 
                              * * * * * * *
------------------------------------------------------------------------
       Available Sanctions for High Severity Level Prohibited Acts
------------------------------------------------------------------------
 
                              * * * * * * *
B.2..................  Forfeit up to 60 days of FSA Time Credits.
 
                              * * * * * * *
------------------------------------------------------------------------
     Available Sanctions for Moderate Severity Level Prohibited Acts
------------------------------------------------------------------------
 
                              * * * * * * *
B.2..................  Forfeit up to 30 days of FSA Time Credits.
 
                              * * * * * * *
------------------------------------------------------------------------
       Available Sanctions for Low Severity Level Prohibited Acts
------------------------------------------------------------------------
 
                              * * * * * * *
B.2..................  Forfeit up to 7 days of FSA Time Credits (only
                        where the inmate is found to have committed a
                        second violation of the same prohibited act
                        within 6 months; forfeit up to 14 days of FSA
                        Time Credits (only where the inmate is found to
                        have committed a third violation of the same
                        prohibited act within 6 months).
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *
0
4. Amend Sec.  541.7, by revising paragraph (f) to read as follows:


Sec.  541.7   Unit Discipline Committee (UDC) review of the incident 
report.

* * * * *
    (f) Sanctions. If you committed a prohibited act or acts, the UDC 
can impose any of the available sanctions in Tables 1 and 2, except 
loss of good conduct sentence credit, FSA Time Credits, disciplinary 
segregation, or monetary fines.

[FR Doc. 2020-25597 Filed 11-24-20; 8:45 am]
BILLING CODE 4410-05-P