The Early Release Provision under Title 18 3621e
We help attorneys get their clients designated to RDAP programs in BOP facilities. This is a clinical process and takes a unique understanding of the law and BOP admission policies. This is a sought after program that is available only to those with proper documentation. According to statute, “[t]he period a prisoner convicted of a nonviolent offense remains in custody after successfully completing a treatment program may be reduced by the Bureau of Prisons, but such reduction may not be more than one year from the term the prisoner must otherwise serve.” 18 U.S.C.A. § 3621(e)(2)(B).
The BOP has implemented early release procedures for successful completion in a Residential Drug Abuse Program (RDAP) in Program Statement P5331.02 (Mar. 16, 2009).
This program applies to those inmates sentenced for a nonviolent offense with a diagnosed substance abuse disorder who successfully complete RDAP. The BOP interprets “successful completion” as (1) completion of the unit-based RDAP while in the institution, (2) if applicable, participation in follow-up treatment while in general population for 12 months or until release, whichever comes first, (3) completion of a community Transition Drug Abuse Treatment while residing in a Residential Reentry Center or on home confinement, and (4) comply with the Financial Responsibility Program.
The Following Inmates are Ineligible for RDAP According to BOP:
(1) alien detainees, (2) those in pretrial custody, (3) State or military inmates, (4) inmates with prior felony or misdemeanor conviction for homicide, forcible rape, robbery, aggravated assault, arson, kidnaping, or an offense that by its nature or conduct involves sexual abuse offenses committed upon minors, (5) Inmates who have a current felony conviction for an offense that has as an element, the actual, attempted, or threatened use of physical force against the person or property of another, an offense that involved the carrying, possession, or use of a firearm or other dangerous weapon or explosives (including any explosive material or explosive device), an offense that, by its nature or conduct, presents a serious potential risk of physical force against the person or property of another; or an offense that, by its nature or conduct, involves sexual abuse offenses committed upon minors, (6) inmates who have been convicted of an attempt, conspiracy, or other offense which involved an underlying offense listed in (4) or (5) of this section; or (7) Inmates who previously received an early release under 18 U.S.C. § 3621(e).
These prohibitions, in short, deny RDAP to inmates with prior enumerated crimes of violence and current convictions that meet the definition of crime of violence set forth in 18 U.S.C. § 16. The eligibility for RDAP is a one-time deal if prior early release is granted.
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