FEDERAL PRISON TIME OFF STRATEGY: RDAP
The Bureau of Prison (BOP) Residential Drug Abuse Program (RDAP) in the strictest sense is not a time off strategy, as you must qualify for the Program. However, if you do qualify, you can receive up to a year off for completing the 9 month program. As a previous White Collar Defendant and RDAP Graduate, and now a Legal Consultant for Federal Criminal Defense Consulting, LLC (FCDC), I highly recommend you take the program if you qualify. The RDAP Section in the FCDC Legal Guide is a significant portion of the Defense Strategies Chapter since it is a viable option for White Collar Defendants to get help and obtain time off their sentence (the Guide contains substantial insider information on RDAP).
ü Drug or Alcohol Abuse within the year prior to incarceration.
ü The Drug or Alcohol Abuse is documented in the PSR (if not in your PSR, you can still get in the program – I did! Consult the FCDC Legal Guide).
ü For the time off, must be convicted of a non-violent offense, without any gun charges or sexual abuse offenses.
ü Defendant qualifies for Community Placement (Halfway House) when the program is completed.
ü Any prior adult criminal record convictions may disqualify an inmate for Early Release (based on the discretion of the BOP Director).
ü Detainers or Non-Concurrent State Charges can disqualify the Time Off Component.
ü [Time Off the Sentence]:
· Must have a minimum sentence of 37 months to obtain up to a year off.
· Sentences in 31-36 month range can get up to 9 months off.
· Sentences 30 months or less, up to 6 months off.
ü Help the Defendant with life problems, along with Alcohol / Drug Abuse issues.
ü Extended Halfway House (RRC) time: 6 months
ü RDAP Graduates typically transition to Home Confinement faster.
ü RDAP Living Units are much better Prison Living.
ü Ensure the Defendants Alcohol / Drug Abuse is well documented in the PSR (if currently imprisoned and not in PSR, you can still qualify!)
ü Go to counseling prior to incarceration; disclose your Drug / Alcohol Abuse Problems. Have the Psychologist or Psychiatrist write a Diagnosis Letter.
ü Have the Sentencing Judge include RDAP Recommendation and BOP Designation Location in the Sentence Judgment.
ü During Pre-Trial / Prior to Reporting to Prison: attend AA, NA or Smart Recovery.
ü During your incarceration and prior to starting RDAP, take the 20 or 40 Hour Drug Education Class.
ü Immediately upon reporting to Prison put in a Staff Request Form (Cop Out) to the Psychology Department / Drug Counselor requesting an RDAP eligibility interview.
The FCDC Legal Book, The Federal White Collar Criminal Defense Guide, has extensive information on the RDAP Program, including:
ü Program Requirements
ü RDAP Contract Terms
ü Program Expectations
ü Program Format
ü Treatment Interview & Tests
ü Treatment Community
ü RDAP Philosophy
ü Program Rules
ü Program Withdrawal
ü Early Completion
ü RDAP Staff
ü RDAP Unit Life
For more information on RDAP go to the BOP Website and search for Program Statement 5330.11.
This Article is written by a once White Collar Defendant and RDAP Graduate who is the Legal Consultant for Federal Criminal Defense Consulting, LLC (FCDC). Please see our Services Section for more information on our Legal Consulting Expertise.
We appreciate your Feedback & Inquiries on this Article and our Services!
Be sure to review the FCDC Sentencing Section for Sentencing Strategies to reduce Prison Time.
Disclaimer: Federal Criminal Defense Consulting, LLC (FCDC) is a Legal Consulting Firm and does not act in the capacity of an Attorney. Ask an Attorney for Legal Advice regarding your situation.
Copyright 2009, Federal Criminal Defense Consulting, LLC