Federal BOP RDAP PROGRAM
18 USC 3621(e) RDAP Early Release Program
Federal Prison Early Releases
If you or a loved one is facing Federal Prison and are a non-violent offender with an alcohol or substance abuse issues, Wall Street Prison Consultants can assist eligible defendants attend the Federal Bureau of Prisons (RDAP) Residential Drug Abuse Program and receive up to a 12 month sentence reduction as well as 6 months of community custody in a halfway house / home confinement setting at the end of their sentence.
WHAT IS THE RDAP PROGRAM
The BOP Residential Drug Abuse Program was introduced by the U.S. Congress in 1989 to offer federal inmates with substance abuse issues rehabilitation while in custody. In September 1994, President Bill Clinton signed the Violent Crime Control and Law Enforcement Act into law authorizing the Bureau of Prisons to provide nonviolent inmates early releases from custody upon successfully completing the BOP’s 500 Hour RDAP program. The Federal Bureau of Prisons operates 89 RDAP Programs at 77 facilities throughout the U.S.
WHEN TO APPLY FOR RDAP
Inmates needing treatment may apply for the RDAP program with the Psychology Services Department at their facility to determine their eligibility at any time after entering custody, but they’re generally not interviewed until they’re within 36 months of release. Most inmates are within 24-26 months of their release date at the time they enter RDAP and begin the program.
HOW MUCH TIME YOU CAN GET OFF
The duration of time inmates are eligible to receive off their sentences is based on their original sentence length. Those sentenced to 37 months or more meet the criteria for a 12 month early release, while those serving 31-36 months being eligible for up to a 9 month sentence reduction, with inmates sentenced to less than 31 months being eligible for a six month sentence reductions. Due to program overcrowding, inmates may receive less than their maximum eligible time off with the average sentence reduction throughout the BOP being approximately 6-9 months.
RDAP ENTRY QUALIFICATIONS
While anyone who has a substance abuse issue can apply for RDAP, BOP Program Statement P5331.03, states that to qualify and obtain an early release, inmates must show a history of substance abuse at least 1 year prior to committing their offense.
While a Judge may have recommended RDAP at sentencing, that in itself is not a guarantee into the program. RDAP eligibility REQUIRES inmates have a documented history of narcotic drug, prescription drug, or alcohol abuse in their Presentence Investigation Report.
If you were truthful when your PSR was prepared by U.S. Pretrial Services, it should be
listed under the Substance Abuse Section of your PSR. Many times though, this is not the case, because either your lawyer erroneously advised you not to disclose this information, or you may have been afraid to tell the U.S. Probation Officer assigned to prepare your PSI/PSR, for fear of getting another charge. Should your PSR lack evidence of substance abuse, in many cases we can still help!
HOW WE CAN HELP
Wall Street Prison Consultants can legally assists defendants in validating the BOP eligibility
requirements for RDAP, by having them evaluated by a licensed Retired BOP drug treatment counselor, who then, based on the information the defendant provides, generate a chemical dependency assessment showing a diagnosed substance abuse disorder utilizing the criteria that the Bureau of Prisons uses to admit people into the RDAP Program. This report is then sent directly to the psychology department at whatever institution the defendant is designated to.
Our drug treatment counselors will also brief the defendant prior to their self-surrendering as to the RDAP interview process ensuring a seamless transition into the program.
WHO’S NOT ELIGIBLE
- Those with pending state charges, warrants or detainers;
- Those with INS and ICE detainers; (Immigration Inmates)
- Military and State inmates being held in Federal Prisons;
- Pre Trial Detainees (Those Awaiting Trial)
- Inmates with prior felonies or misdemeanor convictions for homicide, firearms, forcible rape, robbery, aggravated assault, or child sexual abuse offenses;
- A current felony charge that has as an element, the actual, attempted, or threatened use of physical force against the person or property of another, or that involved the carrying, possession, or use of a firearm or other dangerous weapon or explosives (including any explosive material or explosive device), or or that by its nature or conduct, presents a serious potential risk of physical force against the person or property of another,
- Conduct that involves sexual abuse offenses committed upon children.
Current B.O.P. Policies Allow Federal Inmates
With Child Pornography Convictions to Attend
and Receive Time off Their Sentences
upon completion of the RDAP Program
For information on the BOP RDAP Program contact us at 888-558-2151.