Thanks to reduced time programs, the federal inmates now have the chance to get time reduction of the sentences. These programs are such a reduced sentence after a defendant has been sentenced. The Bureau of Prisons (BOP) is the institution that administers these programs and their corresponding sentence reductions.
If you want to know what programs that allow the federal inmates to get time reduction of the sentences, you can dive into our post, as we’ll show you the information about it below. Here you go!
Several Programs to Reduce Time of Sentence for Federal Inmates
There are several programs that are administered by the Bureau of Prisons (BOP), here are they:
1) Residential Drug Abuse Program (RDAP)
The first federal program that allows the BOP to reduce the sentences of non-violent offenders is RDAP. This program is designed for federal inmates who are eligible by completing the 500-hour RDAP program for up to one year.
The RDAP program is voluntary and takes about 500-hours, nine-to-twelve-months to complete. The RDAP is authorized by 18 U.S.S § 3621, that directs the Bureau of Prisons (BOP) in order to provide residential substance abuse treatment for all eligible federal inmates.
The actual reduction will depend on how much time you have left on your sentence by the time the program is completed. Well, the average reduction is about 8 months. Of course, this is the best way to get the sentencing judge to recommend you for this program at the time of sentencing.
There are some strict eligibility requirements to get a sentence reduction as a result of completing the program, here they are:
- You should not have a conviction for a violent offense.
In this case, any offense which involved the actual, attempted, or threatened use of physical force or a serious potential risk of physical force, a firearms or explosive device offense or an offense that involves homicide, robbery, forcible rape, arson, aggravated assault, kidnapping or sexual abuse of a minor.
- You should have a verifiable substance abuse problem and desire treatment.
- You should be a citizen of the United States
- You should have at least 24 months remaining on your prison sentence
- You should not have already received a RDAP sentence reduction in the past.
2) Good Conduct Time Credit
Even though convictions for a particular offense can prohibit an inmate from receiving this credit, most inmates will be able to receive this credit for exemplary compliance with institutional disciplinary regulations. The reduction in time can be as much as 54 days per year served.
Moreover, good time credit will be counted at the end of each year in which the prisoner is incarcerated, beginning at the end of the person’s first year in prison. Well, the BOP gives itself 15 days from the last day of each year of the sentence to measure good time.
Well, BOP’s current rules on calculating good time are very different and BOP uses complicated math which ends up awarding only a 47-days-per-year reduction of the sentence imposed, instead of the 54 days per year mandated by the statute.
3) Transfer to Residential Reentry Centers (Halfway Houses)
The BOP frequently transfers inmates to residential reentry centers and sometimes even home detention, that is near the end of their prison sentences. This way is performed to help in their reintegration into society.An inmate will be able to spend up to 12 months of their sentences in a residential re-entry center, but the average is approximately 4 months.
Of course, there are a number of arguments which can be created for a sentence below the recommended guideline range that are so many more than are listed above. Well, the availability of various variances and departures will depend on the specific facts of a certain case.
Well, this is one of many reasons why it is so essential to find an experienced federal criminal defense attorney to represent you in federal court.
Okay, those are the programs that allow federal inmates to reduce time of sentence.
Common Reasons for a Downward Departure of Time Reduction of Sentence
There are several common reasons for a downward departure to provide the time reduction of sentence for a federal inmate, here they are:
- Fast Track
Fast Track is a downward departure which is generally included in many plea agreements in the District of Arizona, especially in Tucson. The departure is based on the idea that by pleading guilty in an expeditious manner, an inmate will be relieving the government of the need to litigate the case. - Criminal History
Downward departure that is based on the over-representation of your criminal history may be proper when you have older prior convictions or your prior convictions are not as serious as your criminal history that the category would suggest. This kind of downward departure may allow you to be sentenced based on a lower criminal history category than the one within which an inmate technically falls. - Aberrant Behaviour
This downward departure is proper if you’ve committed only a single criminal act of limited duration which was committed without significant planning. Certainly, to be eligible for this departure, you should fall within the lowest criminal history category. Well, this departure is not available for particular types of offenses, including serious drug offenses and offenses that involve serious death, injury or the use of a firearm. - Substantial Assistance to the Government
The type of departure will happen either before or after sentencing if you provide the government with information or some other service which substantially helps the government in an investigation. - Diminished Capacity
A downward departure is probably proper if an inmate committed an offense while suffering from a significantly reduced mental capacity and this reduced mental capacity substantially contributed to the commission of the offense. - Coercion and Duress
If you committed an offense due to serious duress or coercion, you probably have a legitimate defense at trial that is a very hard defense to assert. Since it is often hard to prove, you need to show that you had a reasonable fear immediately. - General Mitigation
A federal court will be able to depart downward from the applicable guideline range for any mitigating circumstance which has not been adequately taken into consideration by the sentencing guidelines.
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