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The qualifications for RDAP and eligibility for early release include:
It’s a program that lasts from nine to twelve months offering both individual and group therapy, education, on drug issues and strategies to prevent relapse. Inmates who finish the RDAP successfully may qualify for benefits like a reduction in their sentence commonly referred to as “early release.”
The early release option for RDAP participants is permitted by 18 U.S.C. § 3621(e) which empowers the BOP to lessen the sentence of an inmate found guilty of a crime by up to 12 months upon completion of a residential substance abuse treatment program.
To be eligible for RDAP and potential early release certain criteria must be met;
Inmate status;
The inmate needs to be a prisoner serving time for an offense.
Substance abuse concern;
The inmate should have an established past of substance abuse or addiction within the year leading up to their arrest, for the offense. This could involve drug or alcohol use undergoing treatment or undergoing court ordered substance abuse evaluation.
Time left on the sentence;
Inmates must have time remaining on their sentence to finish the RDAP (typically at least 24 months).To be considered for release, through the Residential Drug Abuse Program (RDAP) inmates must meet criteria. These include having an offense on their record a documented substance abuse history and no disqualifying factors like violent offenses. Furthermore being a U.S. Citizen or legal resident is a requirement for participation in RDAP.
In order to be eligible for release inmates need to exhibit behavior during their time in prison and commit to fulfilling the programs obligations. It is crucial to understand that even if an inmate meets all the requirements and successfully completes RDAP the decision to grant release ultimately lies with the Bureau of Prisons (BOP). Not all participants who graduate from RDAP will necessarily receive a reduction in their sentence.
The BOP considers factors when determining eligibility for release including an inmates conduct while incarcerated and concerns related to public safety. In essence RDAP serves as a substance abuse treatment program within prisons that offers the potential for release, to those who qualify.
The Bureau of Prisons has the authority to decide on release. Its not guaranteed that all participants, in the Residential Drug Abuse Program (RDAP) will have their sentences reduced.
