---
kind: "section"
citation: "28 C.F.R. § 550.55"
title: "28"
number: "550.55"
heading: "Eligibility for early release."
url: "https://uscodex.org/cfr/28/550.55"
---

# §550.55. Eligibility for early release.

- (a) **Eligibility.** Inmates may be eligible for early release by a period not to exceed twelve months if they:
  - (1) **Were sentenced to a term of imprisonment under either—**
    - (i) 18 U.S.C. Chapter 227, Subchapter D for a nonviolent offense; or
    - (ii) D.C. Code [§ 24-403.01](/cfr/28/24-403.01.md) for a nonviolent offense, meaning an offense other than those included within the definition of “crime of violence” in D.C. Code [§ 23-1331(4)](/cfr/28/23-1331.md?p=4); and
  - (2) Successfully complete a RDAP, as described in [§ 550.53](/cfr/28/550.53.md), during their current commitment.
- (b) **Inmates not eligible for early release.** As an exercise of the Director's discretion, the following categories of inmates are not eligible for early release:
  - (1) Immigration and Customs Enforcement detainees;
  - (2) Pretrial inmates;
  - (3) Contractual boarders (for example, State or military inmates);
  - (4) Inmates who have a prior felony or misdemeanor conviction within the ten years prior to the date of sentencing for their current commitment for:
    - (i) Homicide (including deaths caused by recklessness, but not including deaths caused by negligence or justifiable homicide);
    - (ii) Forcible rape;
    - (iii) Robbery;
    - (iv) Aggravated assault;
    - (v) Arson;
    - (vi) Kidnaping; or
    - (vii) An offense that by its nature or conduct involves sexual abuse offenses committed upon minors;
  - (5) **Inmates who have a current felony conviction for—**
    - (i) An offense that has as an element, the actual, attempted, or threatened use of physical force against the person or property of another;
    - (ii) An offense that involved the carrying, possession, or use of a firearm or other dangerous weapon or explosives (including any explosive material or explosive device);
    - (iii) An offense that, by its nature or conduct, presents a serious potential risk of physical force against the person or property of another; or
    - (iv) An offense that, by its nature or conduct, involves sexual abuse offenses committed upon minors;
  - (6) Inmates who have been convicted of an attempt, conspiracy, or solicitation to commit an underlying offense listed in [paragraph (b)(4)](#b-4) and/or (b)(5) of this section; or
  - (7) Inmates who previously received an early release under [18 U.S.C. 3621(e)](/usc/18/3621.md?p=e).
- (c) **Early release time-frame.**
  - (1) Inmates so approved may receive early release up to twelve months prior to the expiration of the term of incarceration, except as provided in paragraphs [(c)(2)](#c-2) and [(3)](#c-3) of this section.
  - (2) Under the Director's discretion allowed by [18 U.S.C. 3621(e)](/usc/18/3621.md?p=e), we may limit the time-frame of early release based upon the length of sentence imposed by the Court.
  - (3) If inmates cannot fulfill their community-based treatment obligations by the presumptive release date, we may adjust provisional release dates by the least amount of time necessary to allow inmates to fulfill their treatment obligations.

## Notes

### Amendments

[74 FR 1897, Jan. 14, 2009, as amended at 81 FR 24490, Apr. 26, 2016]

### Source

Source: 74 FR 1897, Jan. 14, 2009, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301; 18 U.S.C. 3521-3528, 3621, 3622, 3624, 4001, 4042, 4046, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), 5006-5024 (Repealed October 12, 1984 as to offenses committed after that date), 5039; 21 U.S.C. 848; 28 U.S.C. 509, 510; Title V, Pub. L. 91-452, 84 Stat. 933 (18 U.S.C. Chapter 223).

### Amendments

[74 FR 1897, Jan. 14, 2009, as amended at 81 FR 24490, Apr. 26, 2016]