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  #1  
Old 01-20-2009, 05:38 PM
Zelda50 Zelda50 is offline
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Default New RDAP Rules

Drug Abuse Treatment Program: Subpart Revision and Clarification and Eligibility of D.C. Code Felony Offenders for Early Release Consideration-Federal Register Extracts



Jan 14, 2009 (Justice Department Documents and Publications/ContentWorks via COMTEX) -- SUMMARY: In this document, the Bureau of Prisons (Bureau) finalizes three proposed rules on the drug abuse treatment program. Finalizing all three proposed rules together results in a more uniform and comprehensive revision of our drug abuse treatment program (DATP) regulations. Specifically, this amendment will streamline and clarify these regulations, eliminating unnecessary text and obsolete language, and removing internal agency procedures that need not be in rules text.

This rule clarifies the distinction between mandatory and voluntary participation in the drug abuse education course, removes eligibility limitations pertaining to cognitive impairments and learning disabilities, and addresses the effects of non-participation both in the drug abuse education course and in the residential drug abuse treatment program (RDAP). In this rule, we also add escape and attempted escape to the list of reasons an inmate may be expelled from the RDAP. Furthermore, in our regulation on considering inmates for early release, we remove obsolete language, add as ineligible for early release inmates with a prior felony or misdemeanor conviction for arson or kidnapping, and clarify that inmates cannot earn early release twice.

EFFECTIVE DATE: This rule is effective on March 16, 2009.

Read entire article at:
http://www.apria.com/resources/1,272...873453,00.html
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  #2  
Old 01-20-2009, 05:40 PM
Zelda50 Zelda50 is offline
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In another commentary by an attorney that I read was this statement as well:

The BOP reg. states that inmates who complete RDAP are not eligible for
early release if they have committed "an offense that by its nature
or conduct involves sexual abuse offenses committed upon minors."

(Prior interpretation by the BOP about this is that this does not include internet child porn possession or distribution but only offenses in which the offender was directly offending in person against a child.)

Last edited by Zelda50; 01-20-2009 at 05:55 PM..
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Old 02-04-2009, 01:36 PM
the1stMrsSMith the1stMrsSMith is offline
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so you still can not get early release if you are a violet offender or have guns in case
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Old 02-04-2009, 02:39 PM
Zelda50 Zelda50 is offline
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If the inmate received a gun enhancement, he/she is only eligible for early release if in RDAP in the 9th Circuit (west coast).
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Old 02-05-2009, 08:32 AM
daytoday daytoday is offline
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I have heard that many times the BOP awards early release for those with gun enhancements due to the circumstances of their case. Does anyone know anything about this or who to contact for information?
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Old 02-05-2009, 03:06 PM
bellisq bellisq is offline
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The only way to give time off is through the RDAP program. There is no mechanism to give time off for gun enhancement, that is counterintuitive.
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Old 02-07-2009, 08:55 PM
daytoday daytoday is offline
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Sorry - I meant getting time off for taking the RDAP program even with a gun enhancement due to particular circumstances.
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