The BOP has revised aspects of their Residential Drug Abuse Program (RDAP) as published in the Federal Register and set to become policy on May 26, 2016. Criteria prohibiting early release for specific offenses like firearm possession have unfortunately remained in place, but previous criteria for prior such convictions precluding an individual’s eligibility for early release (who have a violent offense more than 10 years in their past) have indeed been loosened. Significant adjustments have also been made to procedures for removal from the RDAP program. Individuals who have committed offenses involving alcohol or drugs, violence or threats of violence, escape or attempted escape, or any 100 level series incident infraction within the BOP – will no longer be faced with automatic removal from RDAP. The Federal Register explains further in summarizing these changes and the reasoning for what’s involved – and also presents subsequent commentary provided.

Federal Register / A Rule by the Prisons Bureau on 4/26/16

Reference to BOP policy statements effected by these changes are below: PS 5331.02 / “Early Release” and PS 5330.11 / “Psychology Treatment Programs”

BOP PS 5331.02 (4/25/16) – Early Release Procedures Under 18 U.S.C § 3621(e)

BOP PS 5330.11 (4/25/16) – Psychology Treatment Programs

For quick reference to specifically worded changes to policy – note the highlighting of updated language contrasted with now revised earlier wording and previous manners of proceeding with these particular aspects of RDAP.

Changes to BOP Regulations on the Drug Abuse Treatment Program (4/26/16)

Prior and still recent RDAP policy statements also noted a more inclusive approach to individuals becoming eligible for benefits of the program. This coupled with other recently adopted changes demonstrate an evolving RDAP and its widened usage and opportunity for those in need of the services. Earlier statements and proposals additionally note a deeper focus on clinical evaluation assessments over formalized written testing – and an added emphasis on community treatment through the BOP’s “Transitional Drug Abuse Treatment” (TDAT). Initial discussion and proposals regarding current changes and revisions are highlighted as well.

Department of Justice / Bureau of Prisons / 28 CFR Part 550 / Drug Abuse Treatment Program (7/22/15)