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Federal RDAP Program Relaxes Requirements

Posted by Phoenix S. Ayotte | Jul 18, 2016 | 0 Comments

The possibility of getting a one-year reduction in
sentence through completion of the Federal BOP (Bureau of Prisons) RDAP (Residential Drug Abuse
Program) was previously limited to federal inmates without convictions for
violent offenses or 924(c) (gun) convictions. That policy has now changed, at
least for those who have served 10 years or more:

BOP Relaxes RDAP Rules
The Federal Bureau of Prisons (BOP) is relaxing certain rules related to
the Residential Drug Aftercare Program (RDAP). Under the new rules, inmates
will be eligible to participate in the program and to receive one year off
their custody term—even if they have a violence-related conviction—unless
they have been convicted within the past 10 years. Inmates also will not
automatically be expelled from the program for prison violations, even drug
use, violence, or attempted escape. See 18 U.S.C. 3621(e).

The ten year rule can be found in Program Statement 5331.02, Change Note 1
(April 25, 2016) Early Release Procedures Under 18 U.S.C. § 3621(e).

For inmates who have served over ten years of their sentence, but previously thought they were ineligible for this program, this offers a real chance at one of the best programs the BOP has to offer for rehabilitation and re-integration. 

About the Author

Phoenix S. Ayotte

Ms. Ayotte of Ayotte Law is of counsel to Carmichael Ellis & Brock. She was named one of the "Top 100 Trial Lawyers" by the National Trial Lawyers Association in 2014, "Top 40 Under 40" in 2015, "Top Lawyer" by Who's Who Global Directory, and a "Rising Star" by Super Lawyers in 2016. In the past year alone, Ms. Ayotte has been responsible for dismissals, acquittals, or reduced charges in many serious cases where her clients were unjustly charged, such as: accessory to homicide, felonious mob assault, attempted malicious wounding, robbery, abduction, arson, possession with intent to distribute, burglary, counterfeiting, sodomy with a minor, child abuse, domestic assault, and more


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