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Federal Bureau of Prisons Expands RDAP Eligibility

On April 25, 2016 the Federal Bureau of Prisons (BOP) promulgated new proposed rules expanding inmate eligibility for its Residential Drug Abuse Treatment Program (RDAP). Successful completion of the Bureau’s RDAP program allows the BOP to give an inmate up to a 12-month sentence reduction in addition to 6-months of community custody awards (combination of halfway house and home confinement); effectively releasing an offender 18-months early from federal prison.

As many know, an inmate with a prior “violent” crime was precluded from receiving the 3621(e) RDAP early release incentive. Those crimes were prior felonies or misdemeanor convictions for homicide (including deaths caused by recklessness, but not including deaths caused by negligence or justifiable homicide), forcible rape, robbery, aggravated assault, arson, kidnapping, or an offense that by its nature or conduct involves sexual abuse offenses committed upon minors.

The new rules would allow those inmates with prior convictions for such offenses older than 10 years from the date of sentencing to participate in RDAP and receive the 3621(e) sentence reduction. Inmates currently convicted of an attempt, conspiracy, or solicitation to commit any of the underlying offenses listed above are still precluded; however we are hopefully that these rules will also be considered for policy reform so these inmates may benefit from RDAP program participation and earn an early release as well.

Other important policy changes were made to the rules governing expulsions from the RDAP program. Many inmates were previously expelled from the program for minor violations this will no longer be the case. These rules went into effect on May 26, 2016 and should assist many more federal inmates with early releases.

Patrick Boyce Federal Mitigation Specialist at NCIA is an expert in the field of prison consulting and a 2003 graduate of the RDAP program. Successful RDAP eligibility, admissions and support maximizes ones chances of a sentence reduction and early release. Timing is critical with the ever changing and complex requirements surrounding what documentation is deemed acceptable for RDAP admission, it is extremely important to contact us as early in the process as possible. For a free no-obligation case analysis contact Patrick now!

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