Brodie v. Pliler

Background

Joseph Brodie sought relief under 28 U.S.C. § 2241, a federal law allowing a person in custody to challenge the execution of a sentence. He argued that the Bureau of Prisons (BOP) had failed to calculate all of the time credits he earned under the First Step Act of 2018.

The First Step Act allows eligible incarcerated people to earn credits for successfully participating in evidence-based recidivism-reduction programs and productive activities. Generally, a person earns 10 days of credit for every 30 days of successful participation, or 15 days if the BOP has determined that the person has a minimum or low risk of reoffending for the required period. The credits are applied toward placement in prerelease custody or supervised release, subject to statutory eligibility requirements.

Brodie began serving an 87-month federal sentence on February 24, 2020. The BOP calculated his credits through January 29, 2022, when it extracted his information under temporary manual procedures. Because Brodie had a minimum or low assessed risk level, the BOP calculated 23 monthly periods at 15 days each, for 345 days of credits. Brodie asserted that he continued successfully participating in qualifying programs and activities after January 29, 2022. The BOP had not calculated or applied additional credits for that later participation.

Parties’ Positions

The respondent did not dispute that Brodie continued participating in programs and activities that might qualify for credits. Instead, the respondent argued that the BOP reasonably stopped manually calculating additional credits for people who had already received an initial calculation because the temporary process gave them a benefit compared with a later system. The respondent also argued that the BOP’s final procedures would stop the accumulation and posting of credits once the credits produced a projected release date within 18 months of the posting date.

Court’s Analysis

The court held that the respondent identified no legal basis for refusing to calculate credits for Brodie’s qualifying participation after January 29, 2022. The court found no provision in the BOP’s implementing rule, and no statutory authority, supporting an 18-month cutoff on the earning of First Step Act credits. The statute states that an eligible person “shall earn” the specified credits for successful participation and that the credits “shall be applied” toward prerelease custody or supervised release.

The court distinguished calculating credits from applying them. The BOP retains discretion under the statute over whether to transfer an eligible person to prerelease custody or to begin supervised release early. Therefore, if the 18-month cutoff referred only to when the BOP would exercise its discretion to transfer someone rather than to supervised release early, the statute and rule did not bar that policy choice.

The opinion states that Brodie had exhausted his administrative remedies, and the respondent did not dispute that allegation. The court therefore addressed the credit-calculation issue rather than dismissing the petition for failure to exhaust.

Disposition

The petition was GRANTED in part and DENIED in part. By November 21, 2022, the respondent was ordered to manually calculate any additional First Step Act credits to which Brodie was entitled under the statute and the implementing rule, without regard to the temporary procedures or any projected-release-date cutoff. The respondent also had to file a status letter with the updated calculation and any other changes in Brodie’s expected transfer from home confinement to another form of custody or to supervised release.

The respondent’s second request for an extension of time to respond was GRANTED. The respondent’s declaration and accompanying exhibits were deemed timely filed. The Clerk of Court was directed to close the motion at Docket No. 16.