RDAP stands for Residential Drug Abuse Program and is mentored by the Federal Bureau of Prisons. Basically, as a federal Inmate with a history (history can be any amount of time) of drug or alcohol abuse within the last twelve (12) months prior to your sentencing you are eligible to receive up to a twelve (12) month reduction of your sentence and possibly a six (6) month placement in a halfway house, community corrections center. You can also click here to look up the possible amount of time you may receive using the Federal Sentencing Guide: Federal Sentencing Guidelines on federal prison sentence structure and points.
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This information must be listed on your PSI (Pre-Sentencing Investigation) Report in the Substance Abuse section. Drugs can be deemed legally prescribed or "illegal" - just be honest and truthful on your report. There are other rules that have to be followed so you should consult with your attorney about this.
28 Code Federal Regulations § 550.58
RDAP Early Release Eligibility
An inmate sentenced to a term of imprisonment pursuant to the provisions of 18 U.S.C. Chapter 227, Subchapter D for nonviolent offenses, who is determined to have a substance abuse problem, and successfully completes a residential drug abuse treatment program during his current commitment may be eligible, in accordance with paragraph (a) of this section, for early release by a period not to exceed 12 months.
18 U.S.C. § 3621(e)
Board Of Prisons Residential Drug Abuse Program (RDAP)
(1) Phase In: In order to carry out the requirement of the last sentence of subsection (b) of this section, that every prisoner with a substance abuse problem have the opportunity to participate in appropriate substance abuse treatment, the Bureau of Prisons shall, subject to the availability of appropriations, provide residential substance abuse treatment.
2) Incentive for prisoners' successful completion of treatment program:
A) Generally: Any prisoner who, in the judgment of the Director of the Bureau of Prisons, has successfully completed a program of residential substance abuse treatment provided under paragraph (1) of this subsection, shall remain in the custody of the Bureau under such conditions as the BOP deems appropriate. If the conditions of confinement are different from those the prisoner would have experienced absent successful completion of the treatment, the BOP shall periodically test the prisoner for substance abuse and discontinue such conditions on determining that substance abuse has recurred.
B) Period of Custody: The period a prisoner convicted of a nonviolent offense remains in custody after successfully completing a treatment program may be reduced by the Bureau of Prisons, but such reduction "may not be more than one year from the term the prisoner must otherwise serve."
Are You Eligible?
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:
∴ INS detainees;
∴ Pre-trial Inmates;
∴ Contractual Boarders;
∴ Inmates who have a prior felony or misdemeanor conviction for homicide, forcible rape, robbery, or aggravated assault, or child sexual abuse offenses;
∴ 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;
∴ Inmates whose current offense is a felony:
(A) That has as 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.
Region - Mid Atlantic
302 Sentinel Drive, Suite 200, Annapolis Junction, MD 20701
Telephone: 301.317.3100
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Region - North Central
400 State Avenue, Suite 800, Kansas City, KS 66101
Telephone: 913.621.3939
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Region - Northeast
2nd & Chestnut Street, Philadelphia 19106
Telephone: 215.521.7301
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Region - South Central
4211 cedar Springs Road, Dallas, TX 75219
Telephone: 214.224.3389
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Region - Southeast
3800 Camp Creek Park SW, Bldg 2000, Atlanta, GA 30331
Telephone: 678.686.1200
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Region - Western
7950 Dublin Boulevard, 3rd Floor, Dublin, CA 94568
Telephone: 925.803.4700
• FPC Dublin, CA
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