Pre-Trial Services for sentencing. The following independent reports are acceptable substance abuse verification:. A DTS will provide inmates the opportunity to obtain the additional documentation and information listed above. Any recreational, social or occasional use of alcohol or drugs does not rise to levels of excessive or abuse, and as a result will not qualify as verification of a substance abuse disorder.
Accordingly, the stage-one graduates are monitored carefully, and RDAP provides follow-up treatment sessions and activities. During this stage, the released inmate will attend group therapy sessions in which groups typically are composed of other RDAP graduates.
This fact caused a huge waiting list to develop, comprised of many thousands of inmates. In , the qualifications for admission into RDAP were altered and significantly tightened, and now it is far harder to get into the program. You do not have to be a convicted drug dealer or user to get admitted. Certain crimes will automatically disqualify an inmate, but if you have not committed one of those offenses murder, arson, rape, kidnapping, etc.
Yes, if you have the right lawyer. Inmates have headed off to serve their sentence, comfortable in their belief that their paperwork or the crime they were convicted of would surely be satisfactory to get into the Residential Drug Abuse Program RDAP.
Many inmates have been met with a regrettable surprise when they get to prison and are told that they are not eligible because the documentation of their substance use was either missing, not complete, or was inaccurate. Therefore, many times a court file and presentence report will be missing valuable information about addiction that could greatly assist a person getting into RDAP.
Ironically, attorneys unfamiliar with the rules regarding RDAP admission actually fight quite hard at times to keep addiction-related documentation out of the case and the all-important case file. All inmates must complete a clinical interview with the drug abuse program coordinator DAPC. This is who will decide if the inmate is eligible to participate in the RDAP. Prisoners classified at a higher security level than the RDAP prison allows will have to first have their security level reduced.
Behavior is key. Bad behavior and rule-breaking can lead to being expelled from the RDAP. Federal inmates must be given at least one formal warning or treatment intervention before they can be kicked out.
However, committing a prohibited act involving drugs, alcohol, violence, threats of violence, escape, violating the confidentiality required by the program, or any level series incident is grounds for immediate removal from the RDAP. Prisoners can also voluntarily withdraw from the program.
The BOP is not required, but has the option, to transfer the inmate back to their last prison. It is up to their discretion. After 90 days a federal inmate who was expelled or withdrew from the RDAP may reapply.
If the prisoner is readmitted, they do not receive credit for any participation in the last RDAP program they were in. Consequences may include loss of eligibility for furloughs; bonus, vacation, or enhanced performance pay; assignments to prison industries jobs; and time in a halfway house. Prisoners that meet any of the following criteria cannot receive the sentence reduction, even if they complete the RDAP:.
Pretrial inmates people who have not yet been sentenced, these people are also not eligible for the RDAP. State or military prisoners these people are also not eligible for participation in the RDAP. Federal prisoners who committed their crimes before November 1, Prisoners with prior felonies or misdemeanors for homicide, forcible rape, robbery, arson, kidnapping, aggravated assault, or child sexual abuse offenses.
Prisoners who complete the program while serving a previous prison term i. Prisoners currently serving time for a felony crime that involved:. The actual, attempted, or threatened use of physical force OR Serious potential risk of physical force OR.
The carrying, possession, or use of a firearm or other dangerous weapon. Crimes involving explosives including any explosive material or explosive device. An attempt or conspiracy to commit any of these types of offenses. Inmates who have committed homicide, forcible rape, robbery, aggravated assault, arson, kidnapping, or child sexual abuse.
Under the BOP rules, federal prisoners currently serving time for a felony that involved the carrying, possession, or use of a firearm or other dangerous weapon or explosives, including any explosive material or explosive device, are not eligible for the RDAP sentence reduction. Under 18 U. A Has as an element, the actual, attempted, or threatened use of physical force against the person or property of another.
B Involved the carrying, possession, or use of a firearm or other dangerous weapon or explosives including any explosive material or explosive device. C By its nature or conduct, presents a serious potential risk of physical force against the person or property of another. D By its nature or conduct, involves sexual abuse offenses committed upon minors.
Additionally, people convicted of an attempt or conspiracy to commit any of these types of offenses or an attempt or conspiracy to commit homicide, forcible rape, robbery, aggravated assault, arson, kidnapping, or child sexual abuse are not eligible for the RDAP sentence reduction. Code offenders are only eligible for the RDAP sentence reduction if they are currently serving time for a nonviolent offense committed after August 5, Violent crimes are clearly defined and listed at D.
The BOP interpreted crimes of violence to include the following gun crimes:. Including the above listed gun crimes into the definition of a crime of violence formed a catalyst for litigation, and the results of the litigation formed a divide in the circuit courts. In , the BOP abandoned the crime of violence standard and issued a temporary rule that categorically denied the RDAP sentence reduction to anyone whose current offense is a felony involving the carrying of, possession, or use of a firearm or other dangerous weapon or explosives.
That temporary rule became permanent in It made anyone convicted under 18 U. Eight circuits disagreed about whether the BOP could exclude all of these prisoners. Below are two particular cases that may help your case. In Paulsen v. Daniels, F. Paulsen invalidated the temporary rule, but not the permanent rule issued by the BOP in Thus, even after Paulsen, most of those convicted for crimes involving a gun have still been unable to receive the RDAP sentence reduction. In , the Ninth Circuit decided Arrington v.
Daniels , F. Under the APA, when government agencies like the BOP create rules, they have to show, on the record, that they had adequate, rational reasons for creating the rule the way they did. Paulsen gives a remedy to inmates in the Ninth Circuit who have been denied the one-year reduction if they:. Arrington gives a remedy to inmates in the Ninth Circuit who have been denied the one-year reduction if they:. If your request is denied, you can appeal it. When all your appeals within the BOP are denied, you can file a lawsuit in federal district court in the district where you are incarcerated.
We are not attorneys. All options should always be discussed with your lawyer first. Federal inmates should talk to a lawyer about the law that applies to them, in the circuit where they are incarcerated. Federal inmates with prior felony or misdemeanor convictions for homicide, forcible rape, robbery, arson, kidnapping, aggravated assault, or child sexual abuse offenses cannot receive the RDAP sentence reduction.
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