(a) Prisoners who demonstrate superior program achievement (in addition to a good conduct record) may be considered for a limited advancement of the presumptive date previously set according to the schedule below. Such reduction will normally be considered at an interim hearing or pre-release review. It is to be stressed that a clear conduct record is expected; this reduction applies only to cases with documented sustained superior program achievement over a period of 9 months or more in custody.
(b) Superior program achievement may be demonstrated in areas such as educational, vocational, industry, or counseling programs, and is to be considered in light of the specifics of each case. A report from the Bureau of Prisons based upon successful completion of a residential substance abuse program of at least 500 hours will be given prompt review by the Commission for a possible advancement under this section.
(c) Upon a finding of superior program achievement, a previously set presumptive date may be advanced. The normal maximum advancement permissible for superior program achievement during the prisoner's entire term shall be as set forth in the following schedule. It is the intent of the Commission that this maximum be exceeded only in the most clearly exceptional cases.
(d) Partial advancements may be given (for example, a case with superior program achievement during only part of the term or a case with both superior program achievement and minor disciplinary infraction(s)). Advancements may be given at different times; however, the limits set forth in the following schedule shall apply to the total combined advancement.
(e) Schedule of Permissible Reductions for Superior Program Achievement.
| Total months required by original presumptive date |
Permissible reduction |
|---|---|
| 14 months or less | Not applicable. |
| 15 to 22 months | Up to 1 month. |
| 23 to 30 months | Up to 2 months. |
| 31 to 36 months | Up to 3 months. |
| 37 to 42 months | Up to 4 months. |
| 43 to 48 months | Up to 5 months. |
| 49 to 54 months | Up to 6 months. |
| 55 to 60 months | Up to 7 months. |
| 61 to 66 months | Up to 8 months. |
| 67 to 72 months | Up to 9 months. |
| 73 to 78 months | Up to 10 months. |
| 79 to 84 months | Up to 11 months. |
| 85 to 90 months | Up to 12 months. |
| 91 plus months | Up to 13 months.1 |
(f) For cases originally continued to expiration, the statutory good time date (calculated under 18 U.S.C. 4161) will be used for computing the maximum reduction permissible and as the base from which the reduction is to be subtracted for prisoners serving sentences of less than five years. For prisoners serving sentences of five or more, the two-thirds date (calculated pursuant to 18 U.S.C. 4206(d)) will be used for these purposes. If the prisoner's presumptive release date has been further reduced by extra good time (18 U.S.C. 4162) and such reduction equals or exceeds the reduction applicable for superior program achievement, the Commission will not give an additional reduction for superior program achievement.
[44 FR 55004, Sept. 24, 1979; 44 FR 59527, Oct. 16, 1979, as amended at 49 FR 26580, June 28, 1984; 61 FR 4351, Feb. 6, 1996]