BOP Early Release Programs

Residential Drug Abuse Program (RDAP):

RDAP is a voluntary, intensive drug treatment program that can allow eligible inmates to earn up to 12 months of early release.

1. Eligibility: In order to participate in RDAP, inmates must meet certain eligibility requirements. This includes a documented substance abuse problem and a minimum of 24 months remaining on their sentence. They must also be willing to participate in the program voluntarily. Depending on your substance abuse and alcohol consumption history, we can provide a chemical dependency report that meets all the criteria for program entry.
2. Program structure: RDAP is a 500-hour, 9-12 month residential program that consists of four components. Namely, education, group therapy, individual counseling, and a work release program. The program is highly structured and intensive, requiring full participation and engagement from inmates. 

Unfortunately, despite its effectiveness, RDAP is not available to all inmates who need it. The program has limited capacity and is often oversubscribed. Consequently, this means many inmates who meet the eligibility requirements may not be able to participate.

USSG Amendment 821 Sentence Reduction

The USSG Amendment 821 is a significant change to the United States Sentencing Guidelines. It provides avenues for federal inmates to seek resentencing under certain conditions:

1. Retroactive Application for Sentence Reduction: Amendment 821 allows for the retroactive application of revised sentencing guidelines. This means inmates serving sentences under older guidelines that have since been amended can petition for resentencing under the new, potentially more lenient standards.
2. Eligibility Criteria for Resentencing: Inmates who wish to benefit from this amendment must meet specific eligibility criteria. For example, the nature of their conviction and their criminal history. Unfortunately, not all inmates will qualify for resentencing under this amendment.
3. Judicial Discretion in Resentencing: While Amendment 821 creates an opportunity for resentencing, it still requires judicial approval. Only judges have the discretion to review and decide each resentencing petition. Naturally, they take into account factors such as the inmate’s conduct in prison and any mitigating circumstances.
4. Potential for Reduced Sentences: For eligible inmates, Amendment 821 can lead to a reduction in their original sentences, sometimes significantly. This depends on how the new guidelines affect their specific cases.
5. Process for Filing Resentencing Motions: Inmates or their legal representatives must file a motion in the court that originally sentenced them. Consequently, they can request a review of their sentence under the amended guidelines.

Through these mechanisms, USSG Amendment 821 offers a path for certain federal inmates to seek fairer, more equitable sentences in light of updated sentencing guidelines. This reflects the ongoing efforts to reform the criminal justice system.

Compassionate Release:

Compassionate Release is a program that allows inmates who are seriously ill or facing extraordinary circumstances to be released from prison early. Eligibility for compassionate release requires inmates to show exceptional and compelling reasons for sentence reduction. The criteria include:

1. Terminal Illness: Eligibility may be granted to inmates with a life expectancy of 18 months or less due to terminal illness.
2. Debilitating Medical Condition: Inmates severely incapacitated to the point of needing assistance for basic self-care tasks within prison may qualify.
3. Elderly Inmates with Medical Conditions: Those 65 or older with chronic or serious age-related medical conditions and who have served at least 50% of their sentence could be eligible.
4. Elderly Inmates without Medical Conditions: Inmates 70 or older, who have served 30 years of a post-November 1, 1987, sentence, or two-thirds of a pre-November 1, 1987, sentence, may qualify, regardless of their medical status.
5. Death or Incapacitation of a Child’s Caregiver: Inmates who are sole caretakers of a minor & whose spouse or partner has died or become incapacitated. An inmate fulfilling the conditions might be considered for compassionate release under specific conditions.

Additionally, it is crucial to remember that compassionate release is not guaranteed. This includes inmates who meet the eligibility criteria. The decision to grant compassionate release ultimately lies with the sentencing court. The court will consider various factors, including the nature of the offense, the inmate’s criminal history, along with any potential threat to public safety, before making a determination.

Second Chance Act

Eligibility for benefits under the Second Chance Act requires inmates to meet specific criteria. Generally, this includes criteria’s that demonstrate their readiness for reintegration into society. The criteria are:

1. Completion of Reentry Programs: Inmates who have actively participated in and completed reentry preparation programs, such as vocational training, education, or rehabilitation programs, may be eligible.
2. Good Behavior Record: Inmates with a consistent record of good behavior and adherence to prison rules throughout their incarceration may qualify.
3. Aged Inmates: Elderly inmates, typically those 60 years or older, who have served a significant portion of their sentence, may be considered for early release or home confinement under this act.
4. Non-Violent Offenders: Inmates convicted of non-violent offenses and who demonstrate a low risk of reoffending are often prime candidates for early release programs under the Second Chance Act.
5. Family and Community Support: Inmates who have established strong family ties or community support systems. Therefore, indicating a higher likelihood of successful reintegration, might be eligible.
6. Mental Health and Substance Abuse Treatment: Completion of or ongoing participation in mental health or substance abuse treatment programs can also be a factor in determining eligibility, especially for those with documented needs in these areas.

First Step Act

The First Step Act, is a significant reform in the U.S. federal criminal justice system. It offers various provisions specifically designed to facilitate early release for federal inmates.

1. Expanded Good Conduct Time Credits: The Act increases the good conduct time credits that inmates can earn. Potentially reducing their sentences. Inmates can now earn up to 54 days of credit per year, up from 47, for maintaining good behavior.
2. Earned Time Credits for Program Participation: Inmates have the opportunity to earn credits towards early release by participating in approved rehabilitative programs, educational courses, and vocational training. These credits can be used for earlier transfer to pre-release custody or supervised release.
3. Retroactive Sentencing Reforms: The Act makes the Fair Sentencing Act of 2010 retroactive. Hence allowing inmates convicted of certain crack/cocaine offenses to seek sentence reductions. Leading to earlier release dates.
4. Improved Conditions for Earned Time Credit Eligibility: The Act mandates the development of a new risk and needs assessment tool to determine inmates’ eligibility for earning these credits. Therefore, allowing more focus on their rehabilitation needs and potential for successful reintegration.

Through these provisions, the First Step Act aims to create a more just and effective federal prison system. In attempt to reduce recidivism rates by incentivizing good behavior and participation in rehabilitative programs, and offer paths for earlier release for eligible federal inmates.