Residential Drug Treatment Program
RDAP Eligibility Evaluation and Interview

In accordance with 18 U.S.C §3621(e), the Federal Bureau of Prison’s 500-hour Residential Drug Abuse Program (RDAP) is the only institutional program in which Federal Bureau of Prisons (BOP) inmates can receive up to twelve (12) months of federal prison sentence reduction and up to six (6) months of Community Corrections Center (CCC or halfway house) designation after successful completion of the program. In March of 2009 the RDAP program rules were revised and the BOP added significant hurdles to a program with already exceedingly long wait-lists and stringent admissions criteria.

Admission into the RDAP Program

AER’s RDAP eligibility experts help our clients and their attorneys navigate this increasingly difficult admission process. Initially, we position our clients to take advantage of the RDAP program with thorough Pre-Sentence Report (PSR) interview preparation and comprehensive pre-sentence PSR reviews. Another important aspect of admission into this highly competitive and sought-after program is obtaining meaningful and strongly worded judicial recommendations for RDAP. While these recommendations will not guarantee acceptance into the program, obtaining them can be critical to the process.

Allenatore, Esposito & Raffin will ensure that a client’s PSR, Judgment and Commitment Order and judicial recommendations all contain the requisite information that Federal Bureau of Prison’s institutional Drug Abuse Program Coordinators (DAPCs) and DSCC legal staff look for in determining RDAP eligibility.

RDAP: Gaining Early Release

The RDAP program’s early release calculations are now tiered and the maximum early release benefit of 12 months is now only eligible to inmates with sentences greater than 37 months.  The Program’s new tiered system also provides as little as 6 month’s early release for inmates with shorter sentences. Compounding matters, there are long waiting lists at many institutions and RDAP is now essentially unavailable for individuals with less than 24 month remaining on their sentences at the time the opportunity to participate does arise.

Additionally, in most jurisdictions, inmates with certain enhancements as determined by their sentencing Judge, and/or certain types of criminal histories, are ineligible for early release benefits altogether. Here again, the accuracy of the Federal Bureau of Prison’s Pre-Sentence Report is all important. These factors, taken together, make AER’s knowledgeable and experienced prison consultants an increasingly critical component of any good criminal defense team; call us today for a consultation about RDAP.