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Old 08-10-2018, 08:24 AM
Beachymom Beachymom is offline
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Default RDAP program: No time off sentence. Will sentence be affected if not taken?

Iím so frustrated. My son was sentenced to 6 yrs federal and the lawyer explained the RDAP program and he would get time off. I should have researched more myself for qualifications, but I didnít. The judge, in sentencing, agreed to the program. My son doesnít qualify for time off because he had an assault charge and they donít accept violent crimes for good time but he can still participate. Due to the intensive program, and having to ultimately tell on other people and be in that situation, he doesnt want to participate. If he doesnt participate in the program will that affect his sentence somehow? Iíve spoken with the attorney who said they would look into it, but no word yet.
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Old 08-10-2018, 09:30 AM
fbopnomore fbopnomore is offline
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Almost every inmate I knew, when told they could attend RDAP but wouldn't receive any additional time off of their sentence, declined to take the program under those circumstances. They still qualified for regular good time, and only a federal judge has the power to change an existing sentence.

My opinion is that RDAP without the benefits is worthless. I sat outside one RDAP class where the participants were told that drinking coffee would trigger a relapse, which is BS. One common complaint about the program is that participants have to tell on anyone they see violating any one of the million or so RDAP rules. The other issue is that US Probation usually doesn't accept anything the bop teaches, and orders drug treatment/testing for folks on supervised release anyway.
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Old 08-10-2018, 11:15 AM
Beachymom Beachymom is offline
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Ok good. Our concern is that the environment for telling on each other causes so much tension that he may get in trouble and lose his good time that he does qualify for. He said he has gone to AA meetings but most people aren’t serious and use that time to socialize. He wants treatment he just doesn’t want it there.
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Old 08-10-2018, 05:31 PM
rockchalk1 rockchalk1 is offline
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My husband told me the stuff they have to tattle on for each other is so stupid. It's like walking outside the lines on the sidewalk, or walking on the grass. Obviously, bigger stuff too, but some of it is just almost juvenile and for the people who really don't have problems but go into it to get shorter sentences it's really difficult. For the guys that do have problems, I have heard while restrictive, it can really be beneficial.

But refusing it once there, can't hurt a sentence because the time off a sentence (or sentence reduction) is earned once you complete the RDAP program, and unfortunately, many people fail the program and get kicked out.

Also, at many prisons you don't immediately go into the program the minute you get there anyway. There's a waiting list, so you are in a regular dorm until a spot opens up and then you go in. Sometimes it can be months before you can get in. Then once you finish you have the option of staying in the RDAP dorm or switching to go back into one of the regular ones. This is how it is at the camps, obviously, it is different at higher level facilities.

There is no harm in your son trying it if he does have an addiction problem. The worst that can happen is he doesn't like it, but the best that can happen is that he helps himself and deal with any addiction or other bad habits he might have. I have heard of it really helping some people.
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Old 08-10-2018, 07:14 PM
Beachymom Beachymom is offline
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Quote:
Originally Posted by rockchalk1 View Post
My husband told me the stuff they have to tattle on for each other is so stupid. It's like walking outside the lines on the sidewalk, or walking on the grass. Obviously, bigger stuff too, but some of it is just almost juvenile and for the people who really don't have problems but go into it to get shorter sentences it's really difficult. For the guys that do have problems, I have heard while restrictive, it can really be beneficial.

But refusing it once there, can't hurt a sentence because the time off a sentence (or sentence reduction) is earned once you complete the RDAP program, and unfortunately, many people fail the program and get kicked out.

Also, at many prisons you don't immediately go into the program the minute you get there anyway. There's a waiting list, so you are in a regular dorm until a spot opens up and then you go in. Sometimes it can be months before you can get in. Then once you finish you have the option of staying in the RDAP dorm or switching to go back into one of the regular ones. This is how it is at the camps, obviously, it is different at higher level facilities.

There is no harm in your son trying it if he does have an addiction problem. The worst that can happen is he doesn't like it, but the best that can happen is that he helps himself and deal with any addiction or other bad habits he might have. I have heard of it really helping some people.

Thatís a good idea. He does want and need the help. And I told him, with all the classes he will be required to take, get the most out of it and leave the rest behind. It certainly canít hurt to learn something.
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Old 08-12-2018, 05:40 AM
bellisq bellisq is offline
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HI Tonimarie: You have received a lot of information that isn't quite accurate. I'll try to clarify and help.

First, the RDAP program is proven significantly effective in preventing recidivism. Otherwise, the Feds wouldn't be able to get the funding to keep it going. That said, it doesn't mean that the program is equal in every facility, it's only as good as its staff.

2. The Judge has no say over anything the BOP does, including RDAP participation. Once sentencing is over, the BOP is in complete control of your son's future and answers to no one. So the Judge's comments have no effect on the sentence once it is pronounced. Your attorney doesn't need to "look into" anything, his lack of understanding of how the Federal Government works is evident. The only way the sentence can change is if your son is brought back into court for a Rule 2255. Participation in RDAP is not dealt with by the Court. So no worries there.

3. Having a charge of assault does not automatically eliminate your son from the program or from the time off. It can do so, but it depends on a lot of factors, including the age and circumstances of the offense, the space available, etc. A lot also depends on how the incident was described in his Pre-Sentence Report.

4. If your son has a drug problem, there is a 50 hour drug education program he can take which has no benefits. He can also participate in AA in some facilities. He might end up in a facility with a great RDAP and decide to participate. He can scope that out when he gets there.

5. Time off is not what it used to be. The maximum benefits of the program are not guaranteed. Even if he didn't have the charge, the processing of the time off is not dependable. The recent closings of a number of Halfway Houses and reduction in BOP budget have contributed to this.

6. Post incarceration out-patient treatment is mandated by RDAP. That means for the first few months, your son will have to have more frequent contact with the probation office for urinalysis and he also will have to participate in outpatient counseling of their choosing. It means should he want to get out-patient counseling from a good, private clinic, that option is probably not open to him. Also, these requirements can cause problems with employment, because of the time demands. I am not being critical of these requirements, they can help tremendously with sobriety and adjustment. But it is something to factor in when making the decision.

7. Your son (and all BOP inmates) has to specifically request to be in RDAP. They don't recruit. If he doesn't fill out the paperwork, it is not an issue. It is his choice. There is a significant waiting list for RDAP, many people want to participate.

Your son's choice to do his time and go on Supervised Release will have no negative outcome on his sentence or his out date. It's great that you are trying to figure out how the system works, but it is very hard to coordinate all the information from a variety of sources to get to the answers you need. I hope this helps.

Last edited by bellisq; 08-12-2018 at 05:49 AM..
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Old 08-14-2018, 05:58 AM
Beachymom Beachymom is offline
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Thank you for all the info. The Federal System is, as I am learning, really its own entity. For my own benefit I am trying learn all the ins and outs, but I have decided to let him figure out his way inside. Of course I will be here and support him, but I’m not going to try and force him to do anything. I think he should take some kind of drug classes and he will be doing the correspondence courses.(we will pay for that) It would be nice if he did participate in the RDAP program, and there have been some changes to the requirements to receive time off. As of now, just in black and white,because his aggravated assault charge wasn’t 10 years and due to the description in his PSI (extremely exaggerated...not excusing his behavior at all though) I’m not hopeful. However, this has saved his life and maybe having to serve the 6 years total will give him a new way of thinking and truly have a different life when he comes home.
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