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Federal Prison Self Surrendering Information Information about Federal Prisons and Self-Surrendering to the BOP.

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  #1  
Old 07-24-2005, 09:01 AM
Bnsmiths Bnsmiths is offline
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Question New ruling on RDAP affects time served?

Hi,
My son was sentenced in February to 66 months in federal prison. He had a cocaine possession charge and a gun charge. He initially spent 5 months in county jail before the judge granted bail on the charges, which were intially filed in state superior court, and then passed on up to the feds. After his sentencing, they took him into custody and he's spent another month in a county jail that contracts out to the feds, waiting to go to federal intake.
The judge recommended RDAP, but because of the gun charge, it's my understanding that he's not eligible for the possible 1 year early release. The recent ruling makes me question this.
So how do we figure his release date, assuming he gets into a RDAP program? And is it worth it for him to participate in RDAP, even if he gets no time off credit?
Also, his security rating is low. So will he go to an FCI the whole time due to the gun charge, or eventually to a camp and halfway house?
I'd appreciate any help in figuring this out.
Thanks,
Concerned Momma
in Alabama
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  #2  
Old 07-24-2005, 05:22 PM
astersbaby2001 astersbaby2001 is offline
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I don't know but my boyfriend is in a similar situation. He was a felon in possession of a firearm. The judge gave him 46 mths. And recommended the RDAP program. Well the region that he is in there is only one prison that does it Lexington. They sent him to FCI Manchester. When he asked about the RDAP program they told him that he would not be getting any time off because of the "seriousness of his crime". And he would have to be transferred to Lexington. He said forget it and is staying at Manchester. Now he has told me that he will go to a halfway house 4-6 months before his release date. His release date is Nov 07. So he will go to a halfway house in May or so. If I was you I would PM greyghost. They can help you figure out a release date
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Old 07-25-2005, 04:48 PM
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TxRhino TxRhino is offline
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Bnsmiths,

I think there is a key point you are missing in the whole RDAP concept. RDAP is designed to help those with substance abuse issues kick the habit and find alternative methods of dealing with their addictions. It is not designed merely for the purpose of reducing an inmates sentence. Dealing with addictive behavior and getting oneself "clean" should be the primary motivation for all RDAP participants.

At present, it is also true with a gun charge he will not be eledgible for a sentence reduction. Again, the sentence reduction is not the reason for participation. Drug addiction and bad choices are the reasons.

As to his designation to a facility, this will be determined by his security level. It is possible to go to camp with a gun enhancement. If his security level is low enough and he has asentence of less than 10 years remaining. Currently, he will not even be reviewed for RDAP until he has 36 months or less left on his sentence and will not be allowed to start the program any sooner than 27 months prior to his current release date. I would encourage him to try for the program irregardless of sentence reduction or not. On a 66 month sentence he should get approximately a 9.9 month reduction on his sentence for GTC (Good Time Credit) and around 5 months of 1/2 way house time. Hope this helps and pray that your time time passes quickly.

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Michael
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Old 07-26-2005, 08:54 AM
Bnsmiths Bnsmiths is offline
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Default Thanks for info

Sorry, guess I didn't make myself very clear. Of course, I understand the main reason for completing RDAP. This is a kid who's been in rehab off and on since age 13 (he is now 21). Alcoholism and drug abuse have destroyed a lot of lives in our family.
I guess my question was regarding the specific language of the RDAP policy that was successfully challenged. I'm wondering what the remedy will be, maybe the BOP will just rewrite the policy?
He has a security rating of low, his number calculated by the probation office in the presentencing report was a 1. There is a FPC near where we live (Montgomery, AL) and I know he'll probably be sent far away, but I'd love it if we could visit him regularly.

Quote:
Originally Posted by TxRhino
Bnsmiths,

I think there is a key point you are missing in the whole RDAP concept. RDAP is designed to help those with substance abuse issues kick the habit and find alternative methods of dealing with their addictions. It is not designed merely for the purpose of reducing an inmates sentence. Dealing with addictive behavior and getting oneself "clean" should be the primary motivation for all RDAP participants.

At present, it is also true with a gun charge he will not be eledgible for a sentence reduction. Again, the sentence reduction is not the reason for participation. Drug addiction and bad choices are the reasons.

As to his designation to a facility, this will be determined by his security level. It is possible to go to camp with a gun enhancement. If his security level is low enough and he has asentence of less than 10 years remaining. Currently, he will not even be reviewed for RDAP until he has 36 months or less left on his sentence and will not be allowed to start the program any sooner than 27 months prior to his current release date. I would encourage him to try for the program irregardless of sentence reduction or not. On a 66 month sentence he should get approximately a 9.9 month reduction on his sentence for GTC (Good Time Credit) and around 5 months of 1/2 way house time. Hope this helps and pray that your time time passes quickly.

Keep the Faith.

Michael
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Old 08-29-2005, 01:40 PM
reesa reesa is offline
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TxRhino
With all due respect, RDAP may have been originally designed help those with a substance abuse but I am not sure it comes close to accomplishing that. I would guess the majority of the folks in there are indeed there to get their time off. Further if infact it is for this purpose then these people not only should be in this class immediately upon being incarcerated but continue throughout the entire time. Not as intensive as initially but get real, if someone has a problem and they are serving for several years or even 10 then how is the RDAP program going to help them at the tail end. Not to say it has NO merit but let's also look at who is teaching it?????? I seriously question this program, its motives and everything else that even remotely concerns the BOP
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Old 08-30-2005, 04:58 PM
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reesa,

I appreciate your frustration with the present system and the BOP in general; however, what I am unclear on is your solution to the problem. RDAP is intended to help our loved ones make better choices when it comes to substance abuse, it is not a detox program that is entered into immediately upon incarceration. While in Bop custody continued substance abuse should not be an issue; however, I am not so niave as to believe that there are not some who will find ways to continue to feed their addictions... but I do know it is much more difficult.

The major problem for addicts will arise when our loved ones face a less regimented and rules laidened enviroment after release. This is the time they will need to be strong and armed with fresh knowledge on how to make better choices. This is exacty why RDAP is scheduled toward the end of the sentence.

As to your comment about "look at who is teaching it", I am not sure what your point is. Is it your alligation that BOP wants to keep our loved ones addicted? If so, I strongly disagree. The present system is not perfect. Lord knows, I know it; however, complaining without offering constructive solutions is simple whinning and makes you loose credibility. Whe given the choice I try to see the positive in life and when none are available... I then look for positive solutions.

Finally, there is not a program around that does it all for everybody. Most are designed to do the greatest good for the greatest number. This does not negate or dismiss the responsibility of the addict. Unless our loved ones truely want to change their bad behaviors, no program will do it for them. Addicts first and formost have to want to change.

In closing, let me concur with you when say BOP, RDAP, and much of what the federal government becomes involved in is far from perfect. But it takes persistant positive pressure and working within the system to get the changes we want. Do you have suggestions on how they might improve the program... I would be interested in hearing specifics.

Finally, I stick to my original opinion on this post. If an inmate/addict is entering into RDAP for no other reason than the sentence reduction... They are missing the point and doomed to failure before they start; therefore, I invite everyone to please post any positive feed back on how we can improve this program and lets see if we can not get some positive changes made.

Keep te Faith

Michael
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Old 08-30-2005, 06:16 PM
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Let me jump in here. As an RDAP graduate, I can tell you that it IS a good program for those that are motivated to change. It is intensive and not something you can just breeze through, nor is it something that would be easy to fake. It is designed to teach you the tools to cope with life's difficulties instead of turning to substances. And it has been proven that it does work.

I had an absolutely wonderful drug treatment specialist who obviously cared about her students. I cannot say enough wonderful things about her.

The reason that they want you to take the program at the end of your sentence is that you will be better able to retain the tools that are taught to you during the program, therefore your chance of success is much greater.

If you want to change, you will. If you are not reseptive to change, you won't.

But again, it is NOT a time off program.
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