Can You Get an RDAP Time Reduction With A Firearm Charge or Enhancement?

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@federalprisontips

You can’t take RDAP in #federal #prison with any firearm charge

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RDAP, Gun Charges & Enhancements

The short answer is no.

RDAP is the Residential Drug Abuse Program, which is offered in several federal prisons around the country. It’s nine months long in prison, followed by a second part of the program which continues in halfway house and/or home confinement placement.

Completion of the program qualifies some inmates for a year reduction of time, which is covered by 18 USD 3621(e).

While in some prisons you can still qualify and take RDAP with a firearm charge or enhancement, which may be a good idea for someone looking to apply for compassionate release or clemency, the BOP will not award the year of credit to anyone with a firearm charge or enhancement. This includes any charge in the 922 or 924 offense class.

The BOP may even deny you the time if a firearm was mentioned anywhere in the PSR, such as in a co-defendant’s case, so it’s very important to put effort towards removing that language if it’s present and not relevant to your situation.

If you’re in RDAP, you will need to finish the program before FSA time applies. It will be important for you to run the numbers with your case manager to ensure you enroll at a time that maximizes all the reductions for which you qualify.

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