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Old 12-21-2003, 07:50 PM
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Default Some Questions About the Drug Program (RDAP)

Hi Everyone,
Can someone tell me what the drug program is all about? Specifically:
How much time do you have to serve before you are eligible to enter the program?
How long does the program last and are you immediately transferred to a CCC upon completion of the program?
Does the crime that you're incarcerated for have to be drug related?
Does your drug abuse problem have to be mentioned in your Presentence Report for you to be considered for the program? Or, can you provide proof while in custody at BOP of your drug problem and then be designated into the program from there?
Does abusing perscription medication such as anorectic drugs (amphetamine-like drugs) that are classified as Schedule IV in the Controlled Substance Act (CSA) qualify for admission into the drug program?
If serving a 22 month sentence, how much time will actually be taken off of the sentence if entered into the drug program?
What type of treatment is provided in the program to wein you off of your drug addiction?
Do you qualify for furloghs while in the drug program?
Are the inmates participating in the program isolated from the rest of the inmates in the camp?
Any input would be greatly appreciated :-)
Thanks in advance!
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Old 12-22-2003, 07:02 AM
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That's all?

Here are the answers to some of your questions as taken directly from BOP policy:

5.1 [Institution residential drug abuse treatment program 550.56. Residential drug abuse treatment is available at selected Bureau of Prisons institutions. It is a course of individual and group activities provided by a team of drug abuse treatment specialists and the drug abuse treatment coordinator in a treatment unit set apart from the general prison population, lasting a minimum of 500 hours over a six to twelve-month period. Inmates enrolled in a residential drug abuse treatment program shall be required to complete subsequent transitional services programming in a community-based program and/or in a Bureau institution.]

* All participants must adhere to program rules, behave in a manner consistent with the program philosophy, and comply with Bureau of Prisons rules and regulations. *

5.2 Program Structure

* 5.2.1 Program Components. The entire residential drug abuse treatment program in the Bureau consists of three components. Successful completion of the residential drug abuse program occurs when the inmate has successfully completed each of these three components:

the unit-based residential program lasting between six-to-12 months (minimum 500 hours);

the institution transition phase, which requires participation for a minimum of one hour a month over a period of 12 months after successfully completing the unit-based program (however, if an inmate is scheduled for a transfer to a community-based program before he or she can begin or complete the institution transitional services component, this component is not required); and

the community transitional services, lasting up to six months when the inmate is transferred to a community corrections center or to home confinement.

5.4.1 [a. Eligibility. An inmate must meet all the following criteria to be eligible for the residential drug abuse treatment program.

(1) The inmate must have a verifiable documented drug abuse problem.] Drug abuse program staff shall determine if the inmate has a substance abuse disorder by first conducting the
* Residential Drug Abuse Program Eligibility Interview followed by a review of all pertinent documents in the inmate's central file to corroborate self-reported information. The inmate must meet the diagnostic criteria for substance abuse or dependence indicated in the Diagnostic and Statistical Manual of the Mental Disorders, Fourth Edition, (DSM - IV). This diagnostic impression must be reviewed and signed by a drug abuse treatment program coordinator.

Additionally, there must be verification in the Presentence Investigation (PSI) report or other similar documents in the central file which supports the diagnosis. Any written documentation in the inmate's central file which indicates that the inmate used the same substance, for which a diagnosis of abuse or dependence was made via the interview, shall be accepted as verification of a drug abuse problem. *

When a positive urinalysis in the institution is the only documentation of substance use, the inmate shall be referred to drug education or non-residential treatment. While in drug education and/or non-residential drug abuse treatment services,
the inmate shall be further observed and examined regarding
* his/her substance use problem. If counseling indicates the need for more intensive treatment, the inmate may subsequently be referred to a residential drug program. *

[(2) The inmate must have no serious mental impairment which would substantially interfere with or preclude full participation in the program.

(3) The inmate must sign an agreement acknowledging his/her program responsibility.] (BP-S550.053 (Attachment B)).

[(4) Ordinarily, the inmate must be within thirty-six
* months of release.] Inmates are selected for admission to residential programs based upon the time remaining on their sentence. Most inmates will complete residential drug abuse treatment, participate in institution transitional services (if time allows), and then transfer to a CCC. When a residential *
treatment program is not appropriate due to time constraints, staff may refer the inmate for the institution's non-residential drug treatment (see Chapter 4).

[(5) The security level of the residential program
* institution must be appropriate for the inmate.] When it is necessary to transfer an inmate to a residential treatment program at another facility, and the security level of that institution is not consistent with the inmate's assigned security level, the drug abuse treatment program coordinator shall ask the unit team to submit a request for redesignation and application of a management variable for program participation to the appropriate Regional Designator. If the request is approved, the Regional Designator shall enter the appropriate management variable into SENTRY. When an inmate completes, fails, withdraws, or is expelled from the residential program, the drug abuse treatment program coordinator shall notify the unit team so
that appropriate action can be taken regarding movement or
transfer of the inmate (see Chapter 2, Section 2.3). *

5.4.2 [b Application/Referral/Placement. Participation in the residential drug abuse treatment program is voluntary. An inmate may be referred for treatment by unit or drug treatment staff or apply for the program by submitting a request to a staff member (ordinarily, a member of the inmate's unit team or the drug abuse treatment coordinator). The decision on placement is made by the drug abuse treatment coordinator.]

If an inmate is applying or being referred to a residential drug abuse treatment program at another institution, see Chapter 2, Section 2.3 for specific procedures.

6.1 [Consideration for Early Release 550.58. An inmate who was sentenced to a term of imprisonment pursuant to the provisions of 18 U.S.C. Chapter 227, Subchapter D for a non-violent offense, and who is determined to have a substance abuse problem, and successfully completes a residential drug abuse treatment program during his or her current commitment may be eligible, in accordance with paragraph (a) of this section, for early release by a period not to exceed 12 months.]

6.1.1 [a. Additional Early Release Criteria. (1) As an exercise of the discretion vested in the Director of the Federal Bureau of Prisons, the following categories of inmates are not eligible for early release:

(i) INS detainees;

(ii) Pretrial inmates;

(iii) Contractual boarders (for example, D.C., State, or military inmates);

(iv) Inmates who have a prior felony or misdemeanor conviction for homicide, forcible rape, robbery, aggravated assault, or child sexual abuse offenses;

(v) Inmates who are not eligible for participation in a community-based program as determined by the Warden on the basis of his or her professional discretion;

(vi) Inmates whose current offense is a felony:

(A) that has an element, the actual, attempted, or threatened use of physical force against the person or property of another, or

(B) that involved the carrying, possession, or use of a firearm or other dangerous weapon or explosives (including any explosive material or explosive device), or

(C) that by its nature or conduct, presents a serious potential risk of physical force against the person or property of another, or

(D) that by its nature or conduct involves sexual abuse offenses committed upon children.]

The rules language contained above in (6)(a),(b),(c), and (d), is also contained as implementing text in the Program Statement on Categorization of Offenses. This policy has been developed to assist in the implementation of various Bureau policies and programs. More specifically, an inmate may or may not be qualified for early release under 18 U.S.C. 3621(e) in the following circumstances: *
(1) The inmate has been sentenced pursuant to Title 18 U.S.C. Chapter 227, Subchapter D. This subsection indicates that an inmate has been sentenced under the Sentencing Reform Act (SRA), or the "new law". Ordinarily, these inmates have been sentenced for an offense that occurred on or after November 1, 1987. Additionally, if an inmate is serving an SRA "new law" sentence, he or she cannot be a contractual border, an INS detainee, or a pretrial inmate;

INS detainees and pretrial inmates may be held in Bureau custody, but they are not serving a federal sentence under SRA, or the "new law".

* (2) The inmatefs current conviction does not exclude him/her from early release according to the Categorization of Offenses Program Statement. Generally, the Program Statement on Categorization of Offenses guides unit teams in determining whether the current offense requires exclusion from early release. Specifically:

Instant offense determinations for inmates who have a
SENTRY assignment of DAP WAIT on the effective date of the Change Notice Number 3, and future volunteers are based on the Program Statement, Categorization of Offenses.

Instant offense determinations for inmates who are either
participating in or have completed residential drug abuse treatment (DAP PART, DAP INCOMP or DAP COMP) on the date of Change Notice Number 3 are based on the Program Statement Definition of Term, Crimes of Violence and accompanying Operations Memoranda (see section 6.3.2 of this chapter for further instructions).

(3) The inmatefs prior adult criminal record includes no
convictions which disqualify him/her for early release, based on the Directorfs Discretion. Any adult misdemeanor or felony conviction for Homicide (including Non-Negligent Manslaughter), Forcible Rape, Robbery, Aggravated Assault, or Child Sexual Abuse are crimes that disqualify an inmate for early release; drug abuse treatment program coordinators must review available documents containing criminal history to ensure the inmate does not have any prior adult convictions for these crimes. "Previous adult convictions" includes criminal convictions that occur at any time, prior to the inmate's 3621(e) release date. Prior convictions in other countries must also be considered.

With regard to prior offenses, juvenile adjudications and disciplinary findings cannot be used to deny an inmate a 3621(e) sentence reduction.

To verify if a prior conviction for a state child sexual abuse offense would disqualify an inmate for early release, DAP staff should refer the appropriate documentation to local legal counsel for a final determination. Legal staff will compare the elements of the prior state offense with the Federal child sexual offense provisions listed in 18 U.S.C. 2241, 2242, 2243, and 2244(a). If the elements of the prior state offense are similar to the elements of any of the above referenced Federal offenses, the inmate shall be disqualified for early release.

In rare instances, an aggravated assault can be a misdemeanor conviction. Additionally, the PSI is not always clear on whether a conviction for:

assault is aggravated,
a homicide is non-negligent,
a sexual assault constitutes forcible rape, or
sexual abuse of children is an offense that disqualifies the inmate.

Therefore, DAP staff should request institution legal counsel to make the final determination when uncertainty exists. A record of this determination should be noted in the inmatefs DAP records. *

(4) The inmate has successfully completed all parts of the Bureaufs residential drug abuse treatment program. Inmates receiving an early release under 3621(e) must have successfully completed a residential drug abuse treatment program for a minimum of 500 hours for at least six months in a unit-based treatment environment, separated from general population as well as those additional residential program components described in Chapter 5, Section 5.2.1.

(5) The inmate is not excluded from a community-based program placement. For early release consideration under 3621(e) and in accordance with the opening paragraph of this section, an inmate must be able to participate in community-based programs so as to complete the transitional services component of treatment in a Community Corrections Center or on home confinement.

Finally, there are two groups of inmates that require further direction concerning a 3621(e) sentence reduction:

♦ inmates with physical or medical disabilities who may be eligible for 3621(e) release consideration, and
♦ inmates with detainers who were participating in a residential drug abuse program on or before August 17, 1995.

(1) Physical/Medical Disabilities. Inmates who volunteer for residential drug programs and have physical disabilities or medical conditions that require their assignment to a unit other than the DAP unit to ensure handicap accessibility or medical monitoring may be considered for a 3621(e) release. To qualify, inmates must be:

otherwise eligible for the residential drug program;

able to fully participate in all aspects of the program including evening groups or other evening activities conducted in the treatment unit;

able to be held accountable to the same standard of treatment and conduct as all other residential drug abuse treatment participants (e.g., complete homework, participate in all assigned groups, behavior consistent with treatment requirements, etc.); and

eligible for a Community Corrections Center or home confinement placement, enabling full participation in community transitional services.

* Although Health Services staff are always the final decision-maker regarding an inmatefs placement outside of the drug treatment unit for medical reasons, drug abuse treatment staff are responsible for identifying, monitoring, and documenting this exception in the inmatefs DAP records and on the Attachment K. Ordinarily, these inmates are excused from residential drug treatment unit activities only for reasons of sleep and unit accountability purposes (special census counts, etc.). *

(2) Detainers. Inmates with detainers who were participating in a residential drug abuse treatment program on or before August 17, 1995, and who subsequently completed this treatment may be released directly from the institution to their detainer by way of a 3621(e) release. Specifically, the inmate must have been in "DAP PART" status and in a separate drug treatment unit on or before August 17, 1995 to be considered for early release to a detainer. When necessary, staff should assist inmates to resolve a detainer (if resolution is required) so that he or she can participate in the required community transitional services program. When a detainer cannot be resolved or does not require resolution (e.g., INS detainer, consecutive state sentence), the inmate shall be required to participate in institution transitional services for at least 180 days before releasing under 3621(e) to his or her detainer.
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Old 12-22-2003, 10:12 PM
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whoo......A lot of good info.
I have a question though If serving federal time wouldn't the current offense always be a felony ?
I wasn't sure but the guidelines/policy states that if the current crime/offense is a felony, that a sentence reduction would not be granted or did I misinterpret?
Thanks!!
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Old 12-22-2003, 11:04 PM
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The maximum sentence on a misdemeanor is one year.
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Old 12-23-2003, 01:39 PM
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Do they put you in halfway house after the completion of rdap or do you go back to where you were? And if a person is in a camp where they don't offer rdap do they take you to another camp or can they take you to a fci?
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Old 12-23-2003, 02:40 PM
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A CCC placement is part of RDAP. Until you complete the CCC portion, you do not complete RDAP. There are about 5 - 7 institutions in each region with RDAP. Transfers are often necessary. The security level is not increased for participation.
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Old 12-26-2003, 03:07 PM
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Thanks for the response Howard. Apparently, my question was not clear.....so let me try again..
If someone is eligible and approved for RDAP, which is a 12 month program generally, and their offense is a felony , are they eligible for a reduction if they complete the program in its entirity?
And to add a "loop", what if they have a gun enhancement is a sentence reduction available?
Thank-you and Happy Holidays.
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Old 12-26-2003, 06:02 PM
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Yes, it depends what you mean by a "gun enhancement." There are only limited circumstances - most under gov't control - as to even the possibility of any sentence reduction.
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Old 12-30-2003, 02:30 AM
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Gun charges make you ineligable for RDAP reductions as far as I know.

(B) that involved the carrying, possession, or use of a firearm or other dangerous weapon or explosives (including any explosive material or explosive device), or
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Old 12-30-2003, 03:48 PM
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Calfed is correct. If you have any type of gun charge, you are NOT eligible for the RDAP that gives you a significant sentence reduction.

Further, in case anyone is wondering, planning on taking RDAP, ETC., if you mess up at half-way house or anytime during the program, your time reduction is forfeited!

There are people that made it all the way through the program, then to half-way house (CCC) and then screwed up and got sent back, losing all of the reduction.

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Old 12-31-2003, 06:01 PM
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It says that your usually put on the wait list for dap once you have 36 mos left on your sentence. Do they mean from your expected release date or from what the judge gave you?
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Old 12-31-2003, 09:38 PM
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I am not sure what you mean by "what the judge gave you"?

All a judge can do is impose a sentence. He does not give/calculate the release date. Nor can he order the drug program. He can recommend, just not order.

So to answer you main question (I assume), you are put on the waiting list when you are 36 months out from your 'projected release date' as it is calculated and audited by the BOP.

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Old 01-02-2004, 12:07 PM
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That's exactly what I wanted to know if it was 36 months from your projected release date------Thanks
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Old 03-03-2012, 08:56 PM
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Default rdap

Iam hearing that the non residental drug program, which is a 40 hour course is going to start giving time off for taking it. I know the residential one does. So i wanting to know if anybody has heard anything about this. I was told thay they was money set aside for this program.

Also anybody know anything about they might be going to start having parole again. I think it's called the " One Shot Bill" Federal reduction bill 2012. I really could use some answers quick if anybody knows. thanks so much.

Last edited by bichon; 03-03-2012 at 08:58 PM..
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Old 03-04-2012, 06:08 AM
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bichon,

Here's a link to a thread about the "One Shot" bill but the short version is there is nothing in place.

I have not heard any news about RDAP-Non Res. giving time off for attending.
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Old 03-04-2012, 08:13 AM
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most of the information in this post is outdated. Look to info from 2011 or 2012.
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Old 03-04-2012, 08:18 AM
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Welcome, Bichon. Look for "new thread" on the main page and ask your question again. It will get more attention.

I don't think anything is moving on the shorter drug program time off time . RDAP is 9 months long and the average time off is 8 months.

You might Check out FAMM.org for the most current legislative info.
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Old 03-06-2012, 02:00 PM
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There is NO "One Shot" Bill introduced in Congress. An inmate wrote this bill that's circulating around and sent a draft to FedCURE but they did not do anything with it because they determined there were lots of problems with it. They have their own bill they are trying to get introduced but even that has not been introduced yet.
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