We constantly see the question arise of “does my loved one qualify for earned time credits under the First Step Act“? This is from a page on the BOP. As we know they tend to do whatever they like anyway, but it’s good to stay up-to-date on what they state is correct. That’s the goal of this post.

Aside from this reference, you should also see:

The First Step Act
Section 101
Subsection 3632(d)(4)(D) Ineligible Prisoners.

Earned Time Credit Table

U.S. Code; Title 8: Aliens and Nationality

ChapterSectionViolation Summary
Chapter 12Section 1326Section 276(a) of the Immigration and Nationality Act (8 U.S.C. 1326), relating to the reentry of a removed alien, but only if the alien is described in paragraph (1) or (2) of subsection (b) of that section.
Chapter 12Section 1327Section 277 of the Immigration and Nationality Act (8 U.S.C. 1327), relating to aiding or assisting certain aliens to enter the United States.
Chapter 12Section 1328Section 278 of the Immigration and Nationality Act (8 U.S.C. 1328), relating to the importation of an alien into the United States for an immoral purpose.
Aliens and Nationality Table

U.S. Code; Title 18: Crimes and Criminal Procedure

ChapterSectionViolation Summary
Chapter 2Section 32Relating to destruction of aircraft or aircraft facilities.
Chapter 2Section 33Relating to destruction of motor vehicles or motor vehicle facilities.
Chapter 2Section 36Relating to drive-by shootings.
Chapter 5Section 81Relating to arson within special maritime and territorial jurisdiction.
Chapter 7Section 111(b)Relating to assaulting, resisting, or impeding certain officers or employees using a deadly or dangerous weapon or inflicting bodily injury.
Chapter 7Section 113(a)Paragraph (1), (7), or (8) – Relating to assault with intent to commit murder, assault resulting in substantial bodily injury to a spouse or intimate partner, a dating partner, or an individual who has not attained the age of 16 years, or assault of a spouse, intimate partner, or dating partner by strangling, suffocating, or attempting to strangle or suffocate.
Chapter 7Section 115Relating to influencing, impeding, or retaliating against a Federal official by injuring a family member, except for a threat made in violation of that section.
Chapter 7Section 116Relating to female genital mutilation.
Chapter 7Section 117Relating to domestic assault by a habitual offender.
Chapter 10All sectionsAny section of chapter 10 relating to biological weapons.
Chapter 11BAll sectionsAny section of chapter 11B, relating to chemical weapons.
Chapter 18Section 351Relating to Congressional, Cabinet, and Supreme Court assassination, kidnapping, and assault.
Chapter 26Section 521Relating to criminal street gangs.
Chapter 35Section 751Relating to prisoners in custody of an institution or officer.
Chapter 37Section 793Relating to gathering, transmitting, or losing defense information.
Chapter 37Section 794Relating to gathering or delivering defense information to aid a foreign government.
Chapter 39Most sectionsAny section of chapter 39, relating to explosives and other dangerous articles, except for section 836 (relating to the transportation of fireworks into a State prohibiting sale or use).
Chapter 40Section 842(p)Relating to distribution of information relating to explosives, destructive devices, and weapons of mass destruction, but only if the conviction involved a weapon of mass destruction (as defined in section 2332a(c)).
Chapter 40Section 844Subsection (f)(3), (h), or (i), relating to the use of fire or an explosive.
Chapter 41Section 871Relating to threats against the President and successors to the Presidency.
Chapter 41Section 879Relating to threats against former Presidents and certain other persons.
Chapter 44Section 924(c)Relating to unlawful possession.
Chapter 47Section 1030(a)(1)Relating to fraud and related activity in connection with computers.
Chapter 50ASection 1091Relating to genocide.
Chapter 51Most SectionsAny section of chapter 51, relating to homicide, except for:Section 1112 (relating to manslaughter),Section 1113 (relating to attempt to commit murder or manslaughter, but only if the conviction was for an attempt to commit manslaughter),Section 1115 (relating to misconduct or neglect of ship officers), orSection 1122 (relating to protection against the human immunodeficiency virus).
Chapter 55All sectionsAny section of chapter 55, relating to kidnapping.
Chapter 77All sectionsAny offense under chapter 77, relating to peonage, slavery, and trafficking in persons, except for sections 1593 through 1596.
Chapter 84Section 1751Relating to Presidential and Presidential staff assassination, kidnapping, and assault.
Chapter 87Section 1791Relating to providing or possessing contraband in prison.
Chapter 87Section 1792Relating to mutiny and riots.
Chapter 90ASection 1841(a)(2)(C)Relating to intentionally killing or attempting to kill an unborn child.
Chapter 97Section 1992Relating to terrorist attacks and other violence against railroad carriers and against mass transportation systems on land, on water, or through the air.
Chapter 97Section 1992Relating to terrorist attacks and other violence against railroad carriers and against mass transportation systems on land, on water, or through the air.
Chapter 103Section 2113(e)Relating to bank robbery resulting in death.
Chapter 103Section 2118(c)Relating to robberies and burglaries involving controlled substances resulting in assault, putting in jeopardy the life of any person by the use of a dangerous weapon or device, or death.
Chapter 103Section 2119Relating to taking a motor vehicle (commonly referred to as ‘carjacking’).
Chapter 105Most sectionsAny section of chapter 105, relating to sabotage, except for section 2152.
Chapter 109AAll sectionsAny section of chapter 109A, relating to sexual abuse.
Chapter 109BSection 2250Relating to failure to register as a sex offender.
Chapter 110Section 2251Relating to the sexual exploitation of children.
Chapter 110Section 2251ARelating to the selling or buying of children.
Chapter 110Section 2252Relating to certain activities relating to material involving the sexual exploitation of minors.
Chapter 110Section 2252ARelating to certain activities involving material constituting or containing child pornography.
Chapter 110Section 2260Relating to the production of sexually explicit depictions of a minor for importation into the United States.
Chapter 111Section 2283Relating to the transportation of explosive, biological, chemical, or radioactive or nuclear materials.
Chapter 111Section 2284Relating to the transportation of terrorists.
Chapter 111ASection 2291Relating to the destruction of a vessel or maritime facility, but only if the conduct that led to the conviction involved a substantial risk of death or serious bodily injury.
Chapter 113BAll sectionsAny section of chapter 113B, relating to terrorism.
Chapter 113CSection 2340ARelating to torture.
Chapter 115Section 2381Relating to treason.
Chapter 118Section 2442Relating to the recruitment or use of child soldiers.
Chapter 227Section 3559(c)(2)(F)An offense described in section 3559(c)(2)(F), for which the offender:was sentenced to a term of imprisonment of more than 1 year,has a previous conviction, for which the offender served a term of imprisonment of more than 1 year, andcommitted a Federal or State offense, by whatever designation and wherever committed, consisting of:murder (as described in section 1111),voluntary manslaughter (as described in section 1112),assault with intent to commit murder (as described in section 113(a)),aggravated sexual abuse and sexual abuse (as described in sections 2241 and 2242),abusive sexual contact (as described in sections 2244(a)(1) and (a)(2)),kidnapping (as described in chapter 55),carjacking (as described in section 2119),arson (as described in section 844(f)(3), (h), or (i)),or terrorism (as described in chapter 113B).
Crimes and Criminal Procedure Table

U.S. Code; Title 21: Food and Drugs

ChapterSectionViolation Summary
Chapter 13Multiple SectionsSubparagraph (A)(i) or (B)(i) of section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) or paragraph (1)(A) or (2)(A) of section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)), relating to manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, dispense, or knowingly importing or exporting, a mixture or substance containing a detectable amount of heroin if the sentencing court finds that the offender was an organizer, leader, manager, or supervisor of others in the offense, as determined under the guidelines promulgated by the United States Sentencing Commission.Subparagraph (A)(vi) or (B)(vi) of section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) or paragraph (1)(F) or (2)(F) of section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)), relating to manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense, a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide, or any analogue thereof.Subparagraph (A)(viii) or (B)(viii) of section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) or paragraph (1)(H) or (2)(H) of section 1010(b) the Controlled Substances Import and Export Act (21 U.S.C. 960(b)), relating to manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense, or knowingly importing or exporting, a mixture of substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers, if the sentencing court finds that the offender was an organizer, leader, manager, or supervisor of others in the offense, as determined under the guidelines promulgated by the United States Sentencing Commission.Subparagraph (A) or (B) of section 401(b)( of the Controlled Substances Act (21 U.S.C. 841(b)(1)) or paragraph (1)(H) or (2)(H) of section 1010(b) the Controlled Substances Import and Export Act (21 U.S.C. 960(b)), relating to manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense, or knowingly importing or exporting, a mixture of substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers, if the sentencing court finds that the offender was an organizer, leader, manager, or supervisor of others in the offense, as determined under the guidelines promulgated by the United States Sentencing Commission.Subparagraph (A) or (B) of section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) or paragraph (1) or (2) of section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)), relating to manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense, a controlled substance, or knowingly importing or exporting a controlled substance, if the sentencing court finds that—”(I) the offense involved a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide, or any analogue thereof; and “(II) the offender was an organizer, leader, manager, or supervisor of others in the offense, as determined under the guidelines promulgated by the United States Sentencing Commission.
Chapter 21Section 841Section 401(a) of the Controlled Substances Act (21 U.S.C. 841), relating to manufacturing or distributing a controlled substance in the case of a conviction for an offense described in subparagraph (A), (B), or (C) of subsection (b)(1) of that section for which death or serious bodily injury resulted from the use of such substance.
Food and Drugs Table

U.S. Code; Title 42: The Public Health and Welfare

ChapterSectionViolation Summary
Chapter 23Section 2077(b)Section 57(b) of the Atomic Energy Act of 1954 (42 U.S.C. 2077(b)), relating to the engagement or participation in the development or production of special nuclear material.
Chapter 23Section 2122Section 92 of the Atomic Energy Act of 1954 (42 U.S.C. 2122), relating to prohibitions governing atomic weapons.
Chapter 23Section 2131Section 101 of the Atomic Energy Act of 1954 (42 U.S.C. 2131), relating to the atomic energy license requirement.
Chapter 23Section 2274, 2275Section 224 or 225 of the Atomic Energy Act of 1954 (42 U.S.C. 2274, 2275), relating to the communication or receipt of restricted data.
Chapter 23Section 2284Section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), relating to the sabotage of nuclear facilities or fuel.
Public Health and Welfare Table

U.S. Code; Title 49: Transportation

ChapterSectionViolation Summary
Chapter 601Section 60123(b)Section 60123(b) of title 49, relating to damaging or destroying a pipeline facility, but only if the conduct which led to the conviction involved a substantial risk of death or serious bodily injury.
Transportation Table

U.S. Code; Title 50: War and National Defense

ChapterSectionViolation Summary
Chapter 35Section 1705Section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705).
Chapter 56Section 4611Any section of the Export Administration Act of 1979 (50 U.S.C. 4611 et seq.)
Chapter 44Section 3121Section 601 of the National Security Act of 1947 (50 U.S.C. 3121), relating to the protection of identities of certain United States undercover intelligence officers, agents, informants, and sources.
War and National Defense Table

Source: BOP