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Who Doesn’t Qualify For RDAP Release

If you meet any criteria on this page, you’re most likely disqualified from an RDAP Sentence reduction. For a FREE EVALUATION as to your eligibility for RDAP qualification, entry or a Sentence Reduction based on 2009 and 2016 RDAP Policies, contact us at 855-774-7664.

Defendants convicted on “Child Pornography” are still eligible for early release provided they had no physical with minors. A domestic violence history is also a no no, so if you used the old lady as a punching bag you’re out of luck! For a complete list of disqualifiers read below.

SURVIVING RDAP FROM THE INSIDE

You also need clean conduct on the inside, so no fighting, stealing, getting caught whipping up a batch of pruno, or using someone elses phone-time and violating the rules in any way. You get caught doing something the BOP will throw you out of the program and you can kiss early release goodbye!

RDAP 2016 Policy Change

On May 26, 2016 the Federal Bureau of Prisons (BOP) enacted new 2016 Policies expanding federal inmate eligibility for entering the Residential Drug Abuse Treatment Program (RDAP). Completion of the BOP’s RDAP program allows the Bureau to give inmates up to a 12-month RDAP sentence reduction in addition to 6-months of community custody placement in a reentry center and home confinement status.

Prior to the new rules, inmates with prior “violent” crimes were disqualified from receiving and RDAP Early Release pursuant to 18 USC 3621(e). Those crimes were classified as felonies or misdemeanor convictions for homicide (including deaths caused by recklessness, but not including deaths caused by negligence or justifiable homicide), forcible rape, robbery, aggravated assault, arson, kidnapping, or an offense that by its nature or conduct involves sexual abuse offenses committed upon minors.

The BOP’s new rules allow inmates with prior convictions for offenses 10 year or older older from the date of sentencing to participate in the RDAP Program and receive the benefit of a 3621(e) sentence reduction. Inmates currently convicted of an attempt, conspiracy, or solicitation to commit any of the underlying offenses listed above are still precluded; however we are hopefully that these rules will also be considered for policy reform so these inmates may benefit from RDAP program participation and earn an early release as well.

RDAP 2009 Policies

A: Prisoners that meet any of the following criteria cannot receive the sentence reduction, even if they complete the RDAP:

 ICE detainees (these people are also not eligible for the RDAP);

 Pretrial inmates (people who have not yet been sentenced) (these people are also not eligible for the RDAP);

 State or military prisoners (these people are also not eligible for the RDAP);

 D.C. offenders who committed their crimes before August 5, 2000;

 Federal prisoners who committed their crimes before November 1, 1987;

 Prisoners with prior felonies or misdemeanors for homicide, forcible rape, robbery, arson, kidnapping, aggravated assault, or child sexual abuse offenses;

 Prisoners currently serving time for a felony crime that involved:

o The actual, attempted, or threatened use of physical force OR

o Serious potential risk of physical force OR

o The carrying, possession, or use of a firearm or other dangerous weapon or explosives (including any explosive material or explosive device) OR

o Sexual abuse committed upon children OR

o An attempt or conspiracy to commit any of these types of offenses OR to commit homicide, forcible rape, robbery, aggravated assault, arson, kidnapping, or child sexual abuse;

 Prisoners who aren’t eligible for placement in a halfway house or on home confinement;

 Prisoners who already received the RDAP sentence reduction for completing the RDAP while serving a previous prison term (i.e., if a person was in federal prison before, completed the RDAP, and got the RDAP sentence reduction, then was released, reoffended, and returned to federal prison, the prisoner will not get the RDAP sentence reduction for completing the RDAP during their second prison term); and

What kind of current conviction disqualifies RDAP sentence reductions?

A: Only those convicted of a “nonviolent offense” are eligible for the RDAP sentence reduction under 18 U.S.C. § 3621(e)(2)(B). Over the years, the BOP’s interpretation of “nonviolentoffense” has led to litigation and several important revisions of the RDAP rules and program statements. For years, the BOP interpreted “nonviolent offense” as excluding anyone convicted of a “crime of violence” (see 18 U.S.C. § 924(c)) from eligibility for the RDAP sentence reduction.

2 The BOP lists crimes of violence in BOP Program Statement 5162.05 

However, the BOP’s broad definition of “crime of violence” sparked years of litigation that resulted in a split among the circuit courts.

In 1997, the BOP abandoned its “crime of violence” standard. It issued a new interpretation of the “nonviolent offense” requirement. This temporary rule became permanent in 2000. Under the 2000 rule, the BOP exercised its discretion and made certain groups of offenders (including many gun offenders) ineligible for the RDAP sentence reduction. In Lopez v. Davis, 531 U.S.230, 239-41 (2001), the Supreme Court held that categorically denying these offenders the RDAP sentence reduction was a proper use of the BOP’s discretion.

After additional litigation (see below), the BOP issued new rules in January 2009, which went into effect on March 16, 2009. The 2009 rules use almost exactly the same language as the BOP used in its 2000 rule.

Under the 2009 rules, in the BOP’s use of its discretion, a person is not eligible for the RDAP sentence reduction if their current conviction was a felony that:

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

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

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

(D) by its nature or conduct, involves sexual abuse offenses committed upon minors. Additionally, people convicted of an attempt or conspiracy to commit any of these types ofoffenses or an attempt or conspiracy to commit homicide, forcible rape, robbery, aggravated assault, arson, kidnapping, or child sexual abuse are not eligible for the RDAP sentence.

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