Tuesday, April 26th, 2016

New RDAP Rules

Below is a message from Denise Barrett from the National Sentencing Resource Counsel Project reporting on new rules relating to the Bureau of Prisons’ Residential Drug Abuse Program (RDAP).

The BOP changed some of the RDAP rules.  They are published in the federal register and take effect May 26, 2016.

Unfortunately, BOP has retained the provision that prohibits early release for persons convicted of certain crimes (e.g. possession of a firearm).  It did, however, change the rules on prior convictions such that violent offenses older than ten years do not make the person ineligible for early release.

A substantive change was made to the rules governing  expulsions from the RDAP program.  Those who committed acts involving alcohol or drugs, violence or threats of violence, escape or attempted escape, or any 100 level series incident, are no longer subject to expulsion. 

Below is a link to the federal register, which has a summary of the changes, reasons, and responses to comments made about the proposed changes.

To make it easier to understand the changes, attached is a sheet that highlights the new language and deletes the old.

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