Effective March 16th, 2009, the Federal Bureau of Prisons (BOP) policies related to the Drug Abuse Program (DAP) and the early release of 500 Hour Residential Drug Abuse Program (RDAP) graduates has changed. This is the first significant change to these two important policies in over 10 years.
The main points are as follows and will be reflected in the 3rd edition of the book later this year:
Psychology Treatment Programs (Program Statement 5330.11) - This new policy statement now includes not only drug programs, but also descriptions of all other psychology programs (e.g., a residential program for high security inmates and another program for inmates with both drug treatment and significant mental health needs).
- The documentation required to prove substance abuse or dependency needed to qualify for the RDAP has become more specific.
- The time frame to demonstrate substance abuse or dependence is now specifically described to be "within the 12-month period before the inmate's arrest on his or her current offense." Inmates can no longer develop a dependency on a substance days prior to facing the judge.
- Prior to being placed on the RDAP waiting list an inmate must go through a clinical interview with the institution DAP Coordinator. In this interview, the DAP Coordinator will review the documentation collected by an institution Drug Treatment Specialist and determine if there is any real basis for a diagnosis of substance abuse and dependence.
Early Release Procedures under 3621(e) (Program Statement 5331.02) - The maximum early release time for RDAP graduates will be limited based on the inmate's sentence. Those with sentences of 30 months or less may receive no more than a 6-month reduction, while those with a sentence of 31 - 36 months may receive up to a 9-month reduction. The 12-month reduction will be limited to those with sentences of 37 months or more.
- Legal staff at the Designation and Sentence Computation Center (DSCC) will now review the inmate's past and current offenses, not institution staff.
- Disqualifying past and current offenses remain largely the same, but those with prior convictions for arson or kidnapping are now no longer eligible for early release.
- Inmates who are sentenced as a D.C. Code offender on or after August 5, 2000 may now be eligible for early release.
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