18 U.S.C. § 3621(e)

What Is 18 U.S.C. Section 3621(e)?

Title 18 of the United States Code, Section 3621(e) is the federal statute that gives the Bureau of Prisons the authority -- and the mandate -- to provide substance abuse treatment to federal inmates and to reduce the sentences of those who successfully complete that treatment. It is the legal foundation for the Residential Drug Abuse Program (RDAP), and it is the only provision in federal law that allows the BOP to directly cut time off a federal prison sentence.

The law was originally enacted as part of the Violent Crime Control and Law Enforcement Act of 1994. Congress passed it with two goals: to address substance abuse among the rapidly growing federal prison population, and to create a meaningful incentive for inmates to complete treatment. The sentence reduction of up to 12 months is that incentive.

If you or someone you love is facing federal incarceration and has any history of substance abuse, understanding this statute could be the most important legal research you do before sentencing. The RDAP program that this law created is available at 53 federal facilities across the country. Combined with federal good time credit, an eligible inmate can significantly reduce the time they actually serve.

What Section 3621(e) Actually Says -- In Plain English

The statute has several subsections. The one that matters most to federal inmates is Section 3621(e)(2), which deals specifically with the sentence reduction. Here is what each key provision means in practical terms:

Statute Text -- 18 U.S.C. § 3621(e)(2)

The following is the key subsection of the statute, reproduced from the official text. This is the provision that authorizes the sentence reduction. The full statute is available at Cornell Law School's Legal Information Institute.

How Section 3621(e) Works in Practice -- RDAP

The program the BOP created to fulfill its obligations under Section 3621(e) is the Residential Drug Abuse Program, universally known as RDAP. It is a nine-month, 500-hour intensive therapeutic community program available at 53 federal facilities nationwide.

The sentence reduction under Section 3621(e) is not automatic upon completing RDAP. The BOP applies additional eligibility criteria -- most significantly, it excludes inmates whose current or prior offenses involved violence, weapons or sexual abuse of minors. These exclusions go beyond what the statute itself requires and have been challenged in court numerous times, with mixed results.

Section 3621(e) vs. Good Time Credit -- How They Work Together

Many federal inmates do not realize that the Section 3621(e) RDAP reduction and federal good time credit are entirely separate and can be stacked. Here is how both work and how they interact:

Use our Federal Good Time Calculator to see exactly how many days of good time credit apply to your sentence, then add your RDAP reduction on top to see your projected release date.

Who Is Excluded from the Section 3621(e) Sentence Reduction

The statute itself only bars inmates convicted of violent offenses from receiving the sentence reduction. However, the BOP has used its regulatory authority under 28 C.F.R. Section 550.55 to expand the exclusions significantly. The following categories are excluded from the sentence reduction -- though not necessarily from RDAP participation itself:

• Inmates whose current offense is a felony involving actual, attempted or threatened use of physical force against a person or property
• Inmates whose current offense involved carrying, possession or use of a firearm, explosive or other dangerous weapon
• Inmates whose current offense by its nature presents a serious potential risk of physical force against another person
• Inmates whose current offense involves sexual abuse of a minor
• Inmates with a prior felony or misdemeanor conviction for homicide, forcible rape, robbery, aggravated assault or child sexual abuse
• INS detainees and deportable aliens
• Pre-trial inmates
• Inmates with less than 24 months remaining on their sentence

Note that some of these BOP exclusions -- particularly the expansion to cover offenses that merely present a "risk" of force -- have been the subject of substantial litigation. Courts have ruled both for and against the BOP on these expanded exclusions. If you believe you have been wrongly excluded, consult a federal criminal defense attorney. You can post a free legal question to a lawyer here.