D.C. Code sentences

RDAP for people serving D.C. Code sentences in BOP

If you are serving a D.C. Code felony sentence in BOP custody, you may take RDAP if you meet the usual admission rules. The time off is possible only for a § 24-403.01 sentence for an offense committed on or after August 5, 2000 that is not a "crime of violence" under D.C. Code § 23-1331(4). BOP decides.

By Brandon Sample

Last revised: November 9, 2026

Key points

People serving D.C. Code felony sentences are held by BOP. Federal custody rules apply to them in a way that fits the sentence imposed.
You may take RDAP if you meet the same admission rules as everyone else.
The RDAP time off is possible only for a D.C. Code § 24-403.01 sentence for a nonviolent offense committed on or after August 5, 2000.
BOP's lawyers use the D.C. Code's "crime of violence" list to decide if your current D.C. offense counts as nonviolent.
This page covers only how BOP's RDAP rule treats D.C. Code sentences. It does not cover D.C. sentencing law, good time or parole.

This page explains how BOP's federal RDAP rule treats D.C. Code sentences. It does not cover D.C. sentencing law, good time or parole.

Why BOP handles D.C. Code sentences

People sentenced for D.C. Code felonies serve their time in BOP custody. The laws and rules for people serving federal sentences apply to them, consistent with the sentence imposed. The D.C. Code says so:

"Such persons shall be subject to any law or regulation applicable to persons committed for violations of laws of the United States consistent with the sentence imposed, and the Bureau of Prisons shall be responsible for the custody, care, subsistence, education, treatment and training of such persons."
D.C. Code § 24-101(b)

BOP relied on that rule in 2009, when it opened the RDAP early release to D.C. Code felony sentences (74 Fed. Reg. 1892, 1895–1896 (Jan. 14, 2009)).

Can you take RDAP?

Yes, if you meet the admission rules. You get into RDAP under the same three admission rules as everyone else: a verifiable substance use disorder, a signed agreement, and enough time to finish all three parts (28 C.F.R. § 550.53(b)).

When BOP made D.C. Code sentences eligible for the time off, it said that "eligibility for participation in the Bureau's drug abuse treatment programs remains the same." Anyone with a verified substance use disorder can be placed on the waiting list, but gets the early release only if eligible for it (74 Fed. Reg. at 1896).

The eligibility guide explains the admission rules. The getting in guide explains how to apply.

Can you get time off?

Maybe. Three things must all be true, and BOP decides:

You were sentenced under D.C. Code § 24-403.01.
Your offense was committed on or after August 5, 2000.
Your offense is nonviolent, meaning it is not on the D.C. Code's "crime of violence" list.

BOP's rule says it this way:

"D.C. Code § 24-403.01 for a nonviolent offense, meaning an offense other than those included within the definition of “crime of violence” in D.C. Code § 23-1331(4)"
28 C.F.R. § 550.55(a)(1)(ii)

D.C. Code § 24-403.01 covers felonies "committed on or after August 5, 2000" (D.C. Code § 24-403.01(a)). It also allows the RDAP time off:

"A person sentenced to imprisonment under this section for a nonviolent offense may receive up to a one-year reduction in the term the person must otherwise serve if the person successfully completes a substance abuse treatment program in accordance with 18 U.S.C. § 3621(e)(2)."
D.C. Code § 24-403.01(d-1)(1)

What counts as a "crime of violence"

D.C. Code § 23-1331(4) starts with the words "The term 'crime of violence' means" and then lists many offenses. Read the full list in the code itself: D.C. Code § 23-1331. This site does not summarize it.

How BOP checks your offense

Lawyers at BOP's Designation and Sentence Computation Center review your case.

Designation and Sentence Computation Center (DSCC): The BOP office that decides where people serve their sentences and computes release dates.

BOP policy says DSCC legal staff review current and prior offenses for both U.S. Code and D.C. Code felony sentences. "For current D.C. Code offenses, DSCC legal staff will refer to D.C. Code § 23-1331(4)." They "will ordinarily have 30 working days" to decide (P5331.02 CN-3, § 6.a, p. 1).

The groups BOP excludes from early release still apply to you. For example, a person who already got a § 3621(e) early release cannot get another one (28 C.F.R. § 550.55(b)). The sentence reduction guide explains how much time BOP allows and why it can be less.

Old D.C. Code sentences

If your D.C. offense was committed before August 5, 2000, you cannot get the RDAP time off. You can still take RDAP for treatment.

BOP's first check, done by the Drug Abuse Program Coordinator (DAPC), rules out anyone who "committed his/her D.C. offense before August 5, 2000." No further review is needed (P5331.02, § 8.b, p. 5). BOP's policy also says a § 24-403.01 sentence "for an offense committed on or after August 5, 2000" is eligible for early release consideration (P5331.02, § 1.a, p. 2; § 4, p. 3).

Parole questions on older D.C. sentences belong to the U.S. Parole Commission, not BOP (28 C.F.R. § 2.70(b)). This site does not cover parole.

What do you need to check a D.C. Code sentence for RDAP?

You need the judgment with the exact D.C. offense and subsection, the offense date, the sentencing provision and BOP's written decision. Calling an offense "nonviolent" is not enough. It has to be checked against the D.C. Code's "crime of violence" list and the other RDAP exclusions.

A federal label and a D.C. label for an offense may not answer the same question. A mixed or complicated sentence history needs a look at the actual sentences and BOP's computation.

Sources

Have an RDAP question about a D.C. Code sentence?

Tell us that the sentence is under the D.C. Code, the offense date if you know it, and whether BOP has made an eligibility decision. You can request a consultation about the BOP and RDAP issue. Our practice is limited to federal courts and federal agencies.

This page is general information about federal law, not legal advice for your case. BOP decides who gets into RDAP and who gets time off. Read the disclaimer.