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Title page 1

Contents 3

Highlights 2

Letter 7

Background 10

Elements of the FSA 10

Agency Roles and Responsibilities 23

BOP Is Taking Steps to Monitor Risk and Needs Assessments, and DOJ Validated the Risk and Needs Assessment System 25

BOP Conducted Some, but Not All, Risk and Needs Assessments Within FSA Required and Internal Time Frames 25

BOP Is Taking Steps to Better Monitor the Timeliness of Risk and Needs Assessments 37

DOJ Validated the Risk and Needs Assessment System as Required 39

DOJ and BOP Are Evaluating and Offering Programs but Data Inaccuracies Limit Monitoring 40

DOJ and BOP Are in the Process of Evaluating BOP's Programs 41

BOP Is Taking Steps to Monitor if It Offers Sufficient Programs and Activities 43

Inaccurate Data Limit BOP's Ability to Monitor Its Program Offerings 49

BOP Central Office Does Not Have Bureau-wide Data That Are Readily Accessible to Monitor Work Assignments 51

BOP Has Not Applied All FSA Time Credits and Has Inaccurate Data on Release Status for Some People 53

BOP Applied All Time Credits for Supervised Release but Not for Prerelease Custody and Is Missing Accurate, Readily Accessible Data for Some People's Release Status 54

Some Incarcerated People with Higher Recidivism Risk Petitioned to Apply Their FSA Time Credits 61

BOP Did Not Ensure Consistent Implementation and Understanding of the FSA Bureau-wide 62

BOP Established Mechanisms to Help Staff Implement and Understand FSA Policies and Procedures 63

BOP Staff Did Not Implement FSA Policies and Procedures Consistently Bureau-wide 65

BOP Staff's Understanding of FSA Policies and Procedures Varied Across the Bureau 67

FSA Reporting Requirements Will End Before DOJ Fully Addresses All Aspects Without Congressional Action 68

Conclusions 71

Matter for Congressional Consideration 72

Recommendations for Executive Action 72

Agency Comments 73

Appendix I: Objectives, Scope, and Methodology 76

Appendix II: Needs Addressed by Evidence-Based Recidivism Reduction Programs and Productive Activities 87

Appendix III: Summary of Interviews with Incarcerated People Regarding the First Step Act of 2018 101

Appendix IV: Department of Justice's Recommendations on the Needs Assessment System 112

Appendix V: Recommendations From a Literature Review on the Effectiveness of Programs and Activities 115

Appendix VI: Requirements for the Department of Justice's (DOJ) First Step Act of 2018 (FSA) Report 118

Appendix VII: Comments from the Department of Justice 122

Appendix VIII: GAO Contact and Staff Acknowledgments 126

Related GAO Products 127

Tables 4

Table 1. Percent of Incarcerated People with Initial Needs Assessments Conducted Within BOP Internal Time Frames, by Department and Person Responsible 28

Table 2. Assessment of DOJ's 2024 First Step Act of 2018 (FSA) Annual Report 69

Table 3. BOP's Evidence-Based Recidivism Reduction Programs and the Needs They Are to Address, According to BOP's August 2025 Approved Programs Guide 89

Table 4. BOP's Productive Activities and the Needs They Address, According to BOP's August 2025 Approved Programs Guide 94

Table 5. Recommendations From DOJ's 2024 Review and Validation of the BOP's Needs Assessment System Report 113

Table 6. Recommendations From the Contracted Literature Review on the Effectiveness of Evidence-Based Recidivism Reduction Programs... 116

Table 7. Assessment of Department of Justice's 2024 First Step Act of 2018 (FSA) Annual Report 118

Figures 4

Figure 1. Selected Elements in BOP's Implementation of the First Step Act of 2018 (FSA) 11

Figure 2. DOJ's Prisoner Assessment Tool Targeting Estimated Risk and Needs (Version 1.3) and Its Static and Dynamic Factors 13

Figure 3. Needs Assessed by the Federal Bureau of Prisons (BOP), by Department and Person Responsible for the Initial Assessment 16

Figure 4. Process to Earn and Apply First Step Act of 2018 (FSA) Time Credits 19

Figure 5. Example of the First Step Act of 2018 (FSA) Time Credits Process for an Eligible Incarcerated Person at a BOP Facility 22

Figure 6. Percent of Selected Cohort of Incarcerated People by When Initial Risk Assessment Was Conducted 27

Figure 7. Percent of Incarcerated People with First Risk and Needs Reassessments Conducted Within BOP Internal Time Frames 32

Figure 8. Percent of Incarcerated People with Late First Reassessments (Conducted After 180 Days), by Number of Days 34

Figure 9. Percent of Incarcerated People with Late First Reassessments (Conducted After 90 Days), by Number of Days 35

Figure 10. Number of People Incarcerated at a BOP Facility with Each Criminogenic Need, as of December 31, 2024 44

Figure 11. Percentage of Incarcerated People at a BOP Facility that Completed Evidence-Based Recidivism Reduction Programs or Productive Activities, 2022 through 2024 45

Figure 12. Examples of Spaces at BOP Facilities Used to Offer Programs and Activities 47

Figure 13. Percent of Incarcerated People Who BOP Transferred or Could Have Transferred to Prerelease Custody Under the First Step Act of 2018 (FSA) 56

Figure 14. Percent of Incarcerated People in BOP's Custody, by Time Credit Eligibility and Risk Level 61

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