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Larry Jay Levine

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The Residential Drug Abuse Program (RDAP) is a comprehensive substance abuse treatment program offered by the Federal Bureau of Prisons (BOP) for federal inmates.

It is an intensive, nine to twelve-month program that provides individual and group therapy, drug education, and relapse prevention planning.
Inmates who successfully complete the RDAP may be eligible for certain benefits, including a possible reduction in their sentence, also known as “early release.”

Early release for RDAP participants is authorized by 18 U.S.C. § 3621(e), which allows the BOP to reduce the sentence of an inmate convicted of a nonviolent offense by up to 12 months if the inmate successfully completes a residential substance abuse treatment program.

The qualifications for RDAP and eligibility for early release include:

  1. Inmate status:
    The inmate must be a federal prisoner serving a sentence for a nonviolent offense.

  2. Substance abuse issue:
    The inmate must have a documented history of substance abuse or addiction, typically within the 12-month period before their arrest for the current offense. This may include a history of drug or alcohol use, treatment, or a court-ordered substance abuse evaluation.

  3. Sufficient time remaining on the sentence:
    Inmates must have enough time remaining on their sentence to complete the RDAP (usually at least 24 months).

  4. No disqualifying factors:
    Inmates who have a current felony conviction for homicide, forcible rape, robbery, arson, kidnapping, or other offenses involving serious bodily injury, or who have a prior conviction for such an offense, are not eligible for early release under 18 U.S.C. § 3621(e).

  5. U.S. citizenship or legal residency:
    Inmates must be U.S. citizens or legal residents to be eligible for the RDAP early release.

  6. Good conduct:
    Inmates must demonstrate good conduct while incarcerated and be willing to participate in the program’s requirements.

It is important to note that even if an inmate meets all of the qualifications for RDAP and successfully completes the program, the decision to grant early release is at the discretion of the BOP, and not all inmates who complete RDAP will receive a sentence reduction.

Additionally, the BOP may consider other factors, such as the inmate’s institutional adjustment and public safety concerns, when making a decision about early release.

In summary, RDAP is a substance abuse treatment program for federal inmates that may lead to early release for eligible participants.

Qualifications for the program and early release include serving a sentence for a nonviolent offense, having a documented history of substance abuse or addiction, and having no disqualifying factors.

The decision to grant early release is at the discretion of the BOP, and not all RDAP participants will receive a sentence reduction.

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