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Federal General Prison Talk, Introductions & Chit Chat Topics & Discussions relating to the Federal Prison & the Criminal Justice System that do not fit into any other Federal sub-forum category. Please feel free to also introduce yourself to other members in the state and talk about whatever topics come to mind that may not have anything to do with prison.

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  #1  
Old 10-23-2018, 08:38 PM
EliseGills EliseGills is offline
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Default RDAP and Time off Sentencing

Hello.
Im wondering if my SO can to a RDAProgam for time off even those he's done it once before when he was in jail over 10 years ago and got 30 days off his sentence...
He is in the 10 district and has a separate gun charge that is not apart of his original charges, can he still get time off his sentencing if he completes RDAP?

Also if you receive 12 months of halfway house, is that time ever lowered?

Thank you in advance!
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Old 10-23-2018, 08:41 PM
EliseGills EliseGills is offline
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Anyone know about RDAP and getting time off at Herlong, Atwater, or Mendota?
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Old 10-23-2018, 09:40 PM
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Hello,
I was at a medium security facility and received 9 months off. I was released to halfway house once I completed RDAP. I only did a couple of months at the house because I worked full time and was able to go home on a monitor. I also completed 6 months after care. Personally, I loved the program and got a lot out of it. I have been out 5 and a half years and was finally released in May.
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Old 10-23-2018, 10:54 PM
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Quote:
Originally Posted by momfriendwife View Post
Hello,
I was at a medium security facility and received 9 months off. I was released to halfway house once I completed RDAP. I only did a couple of months at the house because I worked full time and was able to go home on a monitor. I also completed 6 months after care. Personally, I loved the program and got a lot out of it. I have been out 5 and a half years and was finally released in May.
I was told after release id have to do more substance counseling and therapy while on supervised release. Is this case by case or for everyone who was suggested rdap at sentencing?
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Old 10-24-2018, 05:46 AM
bellisq bellisq is offline
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Currently, the average time in the halfway house for RDAP seems to be the minimum, 4 months.


Your SO probably will not get RDAP time off because of gun charge, as I understand it. But he should go ahead and apply for RDAP, because the BOP is unpredictable and there's no downside to trying to take advantage of the program. Things change rapidly in the BOP, and there's no predicting what the norms will be 2 years from now.
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Old 10-24-2018, 06:39 AM
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There are additional drug treatment requirements from the PO while on supervised release, but he may be facing them already, with or without RDAP. If he applies for the program, he will learn two different things, if he is eligible to take the program, and is he eligible to get additional time off of his sentence for successfully completing it.

Here's the link to what the bop calls "crimes of violence"
https://www.bop.gov/policy/progstat/5162_005.pdf
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Old 10-24-2018, 09:08 AM
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I was told after release id have to do more substance counseling and therapy while on supervised release. Is this case by case or for everyone who was suggested rdap at sentencing?
Yes, it's case by case. Because my husband's lawyer was trying to get him into RDAP there was stuff about increased alcohol use in his PSR. He didn't a long enough sentence to qualify for RDAP - fortunately. The downside however, is that the terms of his SR say he has to do substance abuse counseling and therapy. He can however, drink to the legal limit, which is sort of strange that they don't care if he drinks, but imply he needs counseling. But anyway, he could care less about drinking, barely has 1 beer a week anyway. But regardless, when I asked his PO about it, he said if he has zero points from the camp, and no other issues, it's most likely he will not need to do anything like this and it can be waived. Hence, case by case. You do however, have the potential however, to be tested, in his case up to 2x/week which I think is standard. The pain of that is if on HC you have to go back to the HWH to do it and if it's not close, you still have to get all the way back there by the time they tell you to. It's definitely a strange way to re-integrate people into society, but whatever.

Today is 99 days left, so not complaining that this is almost over. This case has been going on so long, I am not sure we're going to know what to do with ourselves when he's out! Other than have a lot of paper to shred once SR is over, hopefully next September!!
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Old 10-24-2018, 05:38 PM
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Completing RDAP carries mandatory restrictions into supervised release. Otherwise, the PO has discretion. Any restrictions, regular and special, in the judge's Judgment & Commitment order will be enforced, but the boilerplate language in most of them (non drug/alcohol crimes anyway) leaves them up to the Probation Officer.

My restrictions were limited to not overindulging in alcohol (whatever that boils down to for the PO), but drugs except prescriptions, even if legal in my State, were completely off limits. I did have one false positive cup result for meth, but it was corrected by the PO having the sample tested by a real lab. Even so, I still had to bring all of my current RX bottles to the POs office.
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Old 10-24-2018, 11:12 PM
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Quote:
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I was told after release id have to do more substance counseling and therapy while on supervised release. Is this case by case or for everyone who was suggested rdap at sentencing?
Hi,
I far as I know everyone that has completed RDAP also participates in after care as well. I attended both group/processing and one on ones. However, I transferred to a different district and I can say that each place is a little different as far as how their programs are run.
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Old 10-25-2018, 04:45 PM
bellisq bellisq is offline
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I had a cllent in CA with a legal medical marijuana RX and he was prohibited from marijuana use by PO while on probation. However the Western District of KS let him use marijuana while he was on pre-trial (go figure.)
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Old 10-26-2018, 09:32 AM
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Quote:
Originally Posted by momfriendwife View Post
Hello,
I was at a medium security facility and received 9 months off. I was released to halfway house once I completed RDAP. I only did a couple of months at the house because I worked full time and was able to go home on a monitor. I also completed 6 months after care. Personally, I loved the program and got a lot out of it. I have been out 5 and a half years and was finally released in May.
Sounds about the same as my dads situation. Im wondering though whether he can complete the program a Second time for time off with a gun charge. thanks!
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Old 10-26-2018, 09:34 AM
EliseGills EliseGills is offline
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Quote:
Originally Posted by bellisq View Post
I had a cllent in CA with a legal medical marijuana RX and he was prohibited from marijuana use by PO while on probation. However the Western District of KS let him use marijuana while he was on pre-trial (go figure.)
My dad doesn't do or need to do drugs. Im talking about whether he can complete an RDAP program for time off of his sentence. he has been in prison once before and has completed the program for time off. can he do it again?
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Old 10-26-2018, 10:33 AM
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If his actual crime is one of the ones considered to be crimes of violence by the bop (I linked to the program statement in post # 6 above) then the answer is probably no. He can still apply, and he will be informed if he is eligible to earn additional time off, or not.
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Old 10-26-2018, 04:04 PM
EliseGills EliseGills is offline
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Default Time off with RDAP and Halfway House

My dads charges are #2:18-cr-00097 with charge #'s 18 USC 1349 , 18 USC 1957 then case #2:18-cr-00125 18 USC 922 (g) (1) , they rolled them into one overall plea so they would be sure to be sentenced to run at the same time.

last time he was in the class he had a two year sentence or 730 days, he served 399. with 6 months halfway house and 108 days of good time that leaves 40 days of time off; does this prevent him from receiving time off again or enrollment in the RDAP class?
Also if he attends a halfway house after prison, is the amount of time in the Halfway House ever shortened?
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Old 10-26-2018, 04:29 PM
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I don't know the answers to your questions, sorry.
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Old 10-26-2018, 05:45 PM
bellisq bellisq is offline
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You said your dad doesn't do drugs. If his Pre-Sentence report does not affirmatively state he is an addict to either drugs or alcohol or both, within one year of entering BOP system, he will be ineligible for RDAP. This is a tight rule, and if there is no external evidence of addiction beyond the PSR, then his prior history will be irrelevant. (Sometimes, inmates without proof of addicition in the PSR can find medical records to support their participation in RDAP. But this is not your father's history and he won't be eligible for RDAP.
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