Norton Urges Federal Bureau of Prisons to Implement Law Allowing Individuals in their Custody for D.C. Code Offenses to Receive Time Credits

WASHINGTON, D.C. — Congresswoman Eleanor Holmes Norton (D-DC) sent a letter to Federal Bureau of Prisons (BOP) Director Colette Peters urging immediate implementation of a D.C. law allowing for individuals in BOP custody for D.C. Code offenses to earn time credits for voluntary participation in recidivism reduction programming and good behavior. 

Norton worked to get a provision included in the federal First Step Act (FSA) making clear that the FSA also applies to individuals housed by BOP who were convicted of felonies under D.C. law, not just individuals convicted under federal law. The FSA is a 2018 federal law allowing for time credits and compassionate release for individuals in BOP custody. Norton has fought to get BOP to apply the FSA to individuals in BOP custody for D.C. Code offenses, as Congress intended. However, BOP has refused. In 2022, BOP did note publicly, though, that the D.C. Council has the authority to pass legislation similar to the FSA with respect to time credits for individuals in BOP custody for D.C. Code offenses. D.C. enacted such legislation. Norton’s letter raised concerns with why that law is now not being applied by BOP.

“Despite explicitly saying that D.C. had the authority to pass legislation like the one the Council enacted to remove all doubt that individuals in BOP custody for D.C. Code offenses are eligible for reentry programming and time credit, BOP has yet to fully implement that law,” Norton said. “These individuals have a right to the time credits they have earned.”

The text of Norton's letter follows.

November 12, 2024

The Honorable Colette Peters

Director

Federal Bureau of Prisons

320 First Street NW

Washington, DC 20534

Dear Director Peters:

I urge you to immediately implement the District of Columbia’s Corrections Oversight Improvement Omnibus Amendment Act of 2022 (D.C. Act 24-754).  As you know, it was my view that the First Step Act (FSA) applied to individuals in Federal Bureau of Prisons (BOP) custody for D.C. Code offenses.  BOP rejected that view.  In 2022, BOP said publicly that the D.C. Council had the authority to pass legislation like the FSA with respect to time credits for individuals in BOP custody for D.C. Code offenses.

Beginning in 2020, the D.C. Council enacted emergency and temporary legislation to provide time credits, and the permanent version of this legislation became law on May 5, 2023.  It is my understanding that BOP has not yet implemented this D.C. law. I would like to know why BOP has not implemented this law and when it intends to do so.  Under the law, these individuals have a right to time credits.

Again, I urge you to immediately implement this law. I ask that you respond to this letter in writing by November 19, 2024.

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