When you’re standing up at sentencing and the Judge makes a recommendation for RDAP, a specific prison or any other recommendation he or she may make, that’s just it, it’s a recommendation.

The Federal Bureau of Prisons (BOP) is not bound to any “recommendation” that the judge makes. They often times take it under advisement but ultimately the Designation, Sentencing and Computation Center in Grand Prairie Texas has ultimate say where any inmate is housed within the BOP’s 121 institutions.

Specifically to RDAP, if you had a drug or alcohol problem on the outside and it can be documented, anyone facing Federal sentencing would want to make sure the probation officer doing their Pre-Sentence Investigation (PSI) which leads to the Pre-Sentencing Report, tells them that they had that problem. If there is documentation that would go a long way for that recommendation.

Some forms of documentation may include:
– Documentation from any rehab you may have been to
– Documentation of charges for intoxication, driving under the influence, etc
– History of previous drug abuse arrests

Now keep in mind that when you get to your institution you will be doing a screening with a Drug Treatment Specialist (DTS) or a Drug Abuse Prevention Coordinator (Dap-C) and they will have ultimate say on whether or not you get into the RDAP program. They are specifically looking for evidence of drug/alcohol use within 1 year of your arrest.

Also be mindful of the fact that for years inmates wanted to be in RDAP for the year off. Now, through the First Step Act, eligible inmates can earn a year off without taking RDAP (yes there is some double dipping if you’re eligible for both).