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Stewart v Snider
In a case called Stewart v Snider, an Alabama judge issued another common-sense decision on First Step Act time credits. Specifically, the judge declined to accept the BOP’s plan to wait until its automated system was ready to count and apply First Step Act time credits again.
But, the judge said, “it is unclear when the automated system will be up and running,” and, “[w]hile it could be within the next 90 days, that is not guaranteed….” Rather than just wait, the judge ordered the BOP to count and apply Mr. Stewart’s time credits every 60 days.
Applying First Step Act time credits | Rule vs Reality
The problem with the BOP’s version of “a rolling basis,” however, was that it didn’t keep rolling. After the BOP applied the First Step Act time credits people had earned between the First Step Act’s enactment in December of 2018, and its announcement in January of 2022, people didn’t stop earning time credits.
In fact, nearly six months have passed since then. And many in BOP custody have been earning 15 time credits every 30 days for that entire time. But the BOP hasn’t kept counting those earned time credits. Rather, it has decided to wait until the BOP Office of Research and Evaluation implements an application to fully automate the calculation of First Step Act time credits to start counting again. Until then, the proverbial “rolling” has literally stopped.
Releasing people fairly
“The First Step Act, a critical piece of bipartisan legislation, promised a path to an early return home for eligible incarcerated people who invest their time and energy in programs that reduce recidivism,” said Attorney General Merrick B. Garland according to the press release. “Today, the Department of Justice is doing its part to honor this promise, and is pleased to implement this important program.”
The second piece of good news is that the BOP plans to release people in a common-sense way. “Implementation will occur on a rolling basis, beginning with immediate releases for inmates whose Time Credits earned exceed their days remaining to serve, are less than 12 months from release, and have a Supervised Release term,” the press release states. “Some of these transfers have already begun, and many more will take place in the weeks and months ahead as BOP calculates and applies time credits for eligible incarcerated individuals.”