Articles Posted in RDAP

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Last May, I had the pleasure of presenting via a webinar sponsored by the Association of Federal Defense Attorneys: Understanding the BOP’s 500-Hour Residential Drug Abuse Program (RDAP). That program, which runs more than an hour-and-a-half, is now available on-line.

For those unfamiliar with the AFDA, it regularly offers excellent, topical CLE for federal practitioners. The programs are webinar-based, meaning, among other things, that they can be accessed at one’s leisure from the AFDA’s archive. Individuals interested in joining the AFDA can click here.

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Through the Federal Register, the BOP has announced proposed “revisions to the Residential Drug Abuse Treatment Program (RDAP) regulations in four areas to allow greater inmate participation in the program and positively impact recidivism rates. Specifically, the Bureau proposes to (1) remove the regulatory requirement for RDAP written testing because it is more appropriate to assess an inmate’s progress through clinical evaluation of behavior change (the written test is no longer used in practice); (2) remove existing regulatory provisions which automatically expel inmates who have committed certain acts (e.g., abuse of drugs or alcohol, violence, attempted escape); (3) limit the time frame for review of prior offenses for early release eligibility purposes to ten years before the date of federal imprisonment; and (4) lessen restrictions relating to early release eligibility.”

An .HTML version of the proposed changes can be found here. Public comments, which are due by September 21, 2015, can be submitted here.

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As I’ve previously written, not long after publicly acknowledging in 2008 that it was, for the first time, “unable to meet its mandate to provide treatment for all inmates who volunteer for and are qualified for treatment before they are released from the Bureau of Prison,” the BOP eliminated RDAPs for Spanish-speaking prisoners. Yesterday, I learned that the Bureau recently restored RDAP for Spanish only speakers. As reflected in the list of 2014 RDAP sites, Spanish-speaking RDAP is now available at FCI Miami (FL) and FMC Carswell (TX).

*HT to Marcos Hasburn

 

 

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Seasoned federal practitioners may recall a time, not so long ago, when the designation of federal offenders was largely a local affair. Community Corrections Offices would process designation packages of newly sentenced defendants and forward placement recommendations to the Regional Designator for final approval. That design ended around early 2006 with the activation of the Designation and Sentence Computation Center (DSCC) in Grand Prairie, Texas, which centralized and consolidated the designation process. Designation teams divided by referring district court(s) have assumed the Community Corrections Office role, and a team of designators (Hotel Team) serves the Regional Designator function.


While the DSCC has certain efficiencies that, among other things, have resulted in a substantial reduction in the average time to complete an initial designation, there appears to be a growing trend of the BOP placing prisoners far from home, well beyond the 500-mile radius from release residence that has historically guided placement. Said differently, with increasing frequency there are reports of prisoners being designated dispersedly throughout the country. There is no official explanation for this trend. However, several considerations seem relevant.

Overcrowding is no doubt a factor. According to the Bureau’s FY 2013 Congressional Budget—Buildings and Facilities: