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-   -   Updated RDAP Rules 2009 (http://www.prisontalk.com/forums/showthread.php?t=421583)

Zelda50 06-09-2009 11:35 AM

Updated RDAP Rules 2009
 
1 Attachment(s)
Attached is an article by attorney Alan Ellis and a consultant within his office, J. Michael Henderson, regarding recent changes to the BOP's rules concerning RDAP. (For some reason, page 2 is blank, so be sure to continue to page 3. Z.

Csmcgrl23 06-09-2009 12:08 PM

Interesting....

bellisq 06-09-2009 01:07 PM

Of special note is the decision to systematize the time off. I'm not wild about this idea, but i'm not sure why. Also the big waiting lists may make it not as important given the current realities. Maybe we should be pushing to get more staff assigned to the RDAP prigram so that the waiting lists get shorter.

jwjgirl 08-13-2009 10:38 PM

I'm wondering when you find out how much time you get off from the RDAP. My Husbands release date is 6/2012. He has been excepted into the program and will be transferring soon to start RDAP. Curious when he will know how much of a reduction. Any info??? Thanks!!

bellisq 08-14-2009 03:53 AM

If he had a 37 month or higher sentence, he will get up to12 months off plus 6 months in a halfway house. If his sentence is between 31 and 36 months, up to 9 months off and 30 months or less, no more than 6 months off. He will also have to be in a halfway house for 6 months.

Recently revised RDAP rules are here: http://www.bop.gov/policy/progstat/5331_002.pdf

jwjgirl 08-14-2009 01:35 PM

Oh thanks--his sentence is 72 months. He'll be eligible for 12 months. How long til you know if you get the full 12 months off. Is it when the RDAP is completed?

ababe16 08-16-2009 12:44 PM

My Boyfriend is currently at FCI Safford. He is trying to get into RDAP. Safford does not offer the program. He is a drug offender and qualifies. He's been waiting for a couple of months to see if he's gonna get it. I'm wondering how long this process takes and if anyone has any experience with waiting months to find out if they are accepted. He's nervous because he's "short" on his time left. Any info is appreciated.

Thanks

IloveMike 08-16-2009 04:19 PM

when they finish the rdap program , does that generally mean they will go to the hwh.

dogmeat 08-17-2009 12:30 AM

Quote:

Originally Posted by IloveMike (Post 4866737)
when they finish the rdap program , does that generally mean they will go to the hwh.

Yes. 6 Months of it.

dbren 08-19-2009 04:08 PM

to get HWH time do you have to do the RDAP my hubby i dont think he can get it becouse off gun's

IloveMike 08-19-2009 04:38 PM

thanks, my finacee was told he will be going to Belmount WV for the rdap and they will be telling him within 2 weeks when he goes, so as Im understanding is , once he completes the program he will go the the hwh correct.

Zelda50 08-19-2009 05:59 PM

Quote:

Originally Posted by dbren (Post 4873350)
to get HWH time do you have to do the RDAP my hubby i dont think he can get it becouse off gun's

You do not have to do RDAP to get into a halfway house. There are some halfway houses which will not take inmates convicted of certain offenses, like armed robbery, but that is a halfway house decision - not a BOP policy.

David 08-19-2009 07:16 PM

Sticking.. Thanks ladies.. You are always on top of the Federal System!

coolstuff1776 10-15-2009 05:17 AM

Alan Ellis is my attorney, he is a very good man and I trust him implicitly. We are going to sentencing on October 26th, fingers crossed. He is hoping to get me into RDAP, and he is trying for Lewisburg FPC, he also represents my wife who is hoping for Alderson WV

Catoneswife 10-17-2009 08:48 PM

Quote:

Originally Posted by dbren (Post 4873350)
to get HWH time do you have to do the RDAP my hubby i dont think he can get it becouse off gun's


He may get HWH if he sentence is greater than 60 months... RDAP Imnot sure I think its for non volient guys not too sure though have him askhis counselor to be sure!:)

Good Luck!

PTO-97580 10-18-2009 04:06 PM

60 mos has nothing to do with HWH. You can get HWH on 12 mo sentence or less actually

hoop 12-11-2009 07:28 PM

what happened?
 
Quote:

Originally Posted by coolstuff1776 (Post 4990509)
Alan Ellis is my attorney, he is a very good man and I trust him implicitly. We are going to sentencing on October 26th, fingers crossed. He is hoping to get me into RDAP, and he is trying for Lewisburg FPC, he also represents my wife who is hoping for Alderson WV

Hope all went well with your sentencing. What happened?

esnshahada 12-22-2009 07:41 PM

My boyfriend was sentenced to 55 months, for being a felon in possesion of a firearm. He surrenders on 02/09/10. Is he eligible for the RDAP?

scaredinNC 12-22-2009 08:43 PM

Quote:

Originally Posted by esnshahada (Post 5124701)
My boyfriend was sentenced to 55 months, for being a felon in possesion of a firearm. He surrenders on 02/09/10. Is he eligible for the RDAP?

He should be eligible for RDAP but what he might not be eligible for is the time off that most people want. If I am wrong someone will come along to correct me but try to find something more specific like your district's policy on RDAP. If he does have an addiction problem though I hear the program can do people some good, help him get control of his addiction and behavior. Sorry I couldn't be of more help.

tedpm206 12-23-2009 05:45 PM

Does anyone have any details of what's required of you per the RDAP program? Both inside and outside? I was just sentenced to 60 months on a drug and felon in possession charge yesterday and allowed to self report. I have to make the decision on if I want to try and push for RDAP or just do my time. I am in the 9th circuit so I would have to fight for my time off (gun charge) but a year of time is worth fighting for. My question is how much do they put you through as far as UA's and classes and the constant monitoring? Also, is it possible to get early termination from supervised release if you are in the RDAP program? I realize these are fairly indepth questions that would require someone who actually went through it so I appreciate any and all help. Thanks in advance.

MJKGIRL 02-07-2010 09:37 PM

If i'm reading this correctly, my husband who stole $660 and convicted of a violent crime even though no weapon, threat of violence or anything like that took place. Would NOT? be eligible for time off even though he qualifies and has the paperwork to prove it as he was in a drug rehab when it happened...he left the rehab to get more drugs because some idiot their convinced him...oohh let's get high just ONE more time....gggeezzz...please clarify...thank you ***HUGS***

clueless123 02-17-2010 06:20 AM

Can you apply for the rdap program before you get there??

bellisq 02-17-2010 01:41 PM

You have to apply once you are in the facility. Your PSR needs to reflect substance abuse within 12 months of reporting to the BOP.

curlygrrrl 07-10-2010 10:25 PM

RDAP and enhancements
 
I understand that one is ineligible for RDAP time-off if one has a firearms charge, but I am wondering about eligibility if one has a firearms "enhancement"... The judge recommended RDAP for my BF. There was no firearms charge in his case, but there was a firearms "enhancement" because when he was arrested, but police seized a gun that was legally registered to his roommate. The presence of the gun on the premises was used to add to my BF's sentence, despite his not being charged with it. Would this make him ineligible for RDAP time-off? Also, if the sentence is shorter than 30 months, would this make him ineligible for the time-off provision?

Many thanks for any info.

bellisq 07-11-2010 11:34 AM

Leaving aside the time off question for a second, does your BF have an addiction to alcohol or drugs? He should know that if he gets the 9 month program, he will have to participate in a rigorous aftercare program while on supervised release. I believe the enhancement will be a negative factor in getting time off for completing the program. But the application of this rule is not uniform. If he is incarcerated in the 9th circuit (and probably some others) he would likely get the time off. So I guess the answer is murky, but if we go for probabilities, I'd say it isn't in his favor for time off.

A 30 month sentence is fine for him getting into RDAP, but he could expect a maximum of 6 months time off and that depends on the RDAP waiting list in his facility. If he got in trouble (this time or others) because of his personal drug abuse, then he should take the program. Graduates have a much lower recidivist rate and it is the only shot at rehabilitation the BOP offers. If he needs the program, he should try to get in, whether he gets the time off or not.


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