May 4, 2016 Federal Bureau of Prisons Expands RDAP Eligibility

May 04, 2016

National Prison and Sentencing Consultants (NPSC) is happy to announce that on April 26, 2016 the Federal Bureau of Prisons promulgated new proposed rules expanding inmate eligibility for its Residential Drug Abuse Treatment (RDAP). As many know, successful completion in the BOP’s RDAP program allows for the Bureau to give an inmate up to 12 months off their sentence. As many know, in inmate with a prior violent crime was precluded form RDAP participation and early release. Those crimes were prior felony or misdemeanor convictions for homicide, forcible rape, robbery, aggravated assault, arson, kidnapping, or an offense that involves sexual abuse of minors. The new rules would allow those inmates with prior convictions for such offenses older than 10 years from the date of sentencing to participate in RDAP and receive a sentence reduction.

A substantive change was also made to the rules governing expulsions from the RDAP program. Those who committed acts involving alcohol or drugs, violence or threats of violence, escape or attempted escape, or any 100 level series incident, are no longer subject to expulsion.

These rules will go into effect on May 26, 2016 and should assist many federal inmates with early releases. Should you have any questions, please feel free to contact us at [email protected] or call us at 615-696-6153