Federal Sentencing Tips

Sep

The Residential Drug Abuse Program (RDAP)

Residential-Drug-Abuse-Program-Road-to-Recovery

RDAP is the only BOP program through which federal prisoners can earn a sentence reduction.  To qualify for RDAP, one must, inter alia, have at least 24 months or more remaining to serve; present a verifiable, documented pattern of substance abuse or dependence within the 12-month period preceding arrest on the underlying offense; have no serious mental or cognitive impairment precluding full program participation; and be halfway house-eligible (which precludes participation by removable non-U.S. citizens).

The Federal Bureau of Prisons (BOP) estimates that 40 percent of federal inmates have diagnosable, moderate-to-severe substance abuse problems. The BOP operates three drug abuse programs. The first program is the 12- to 15-hour voluntary Drug Abuse Education Course offered at all institutions, designed to teach inmates about the consequences of drug/alcohol abuse and addiction by reviewing their personal drug use and the cycle of drug use and crime. The second program is the 12- to 24-week (90–120 minutes per week) Non-Residential Drug Abuse Treatment (NR DAP), which is targeted to, inter alia, those awaiting RDAP, those who do not meet RDAP admission criteria, and those found guilty of an incident report for use of drugs or alcohol. In addition to paying NR DAP graduates $30, BOP policy encourages wardens to consider them for maximum pre-release (halfway house and/or home confinement) placement. The third program is the nine-plus month, 500-hour Residential Drug Abuse Treatment Program (RDAP) for inmates with diagnosable and verifiable substance abuse disorders.

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About Alan Ellis
Alan Ellis is a criminal defense lawyer with offices in San Francisco and New York, and over 47 years of experience as a practicing lawyer, law professor and federal law clerk. He is a nationally recognized authority in the fields of federal plea bargaining, sentencing, prison matters, appeals, habeas corpus 2255 motions and international criminal law.

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