RDAP eligibility

Who qualifies for RDAP, and what disqualifies you

RDAP eligibility is really two questions: can you get into RDAP for treatment, and can you get the early release after you finish? Different rules answer each one, and BOP decides both. Many people who cannot get the time off can still take RDAP.

As seen in

By Brandon Sample

Last revised: November 9, 2026

Key points

Getting into RDAP and getting time off are two different questions with different rules.
To get in, you need a drug or alcohol problem BOP can confirm, a signed agreement, and enough time left to finish all three parts.
BOP looks for records of the problem, often from the 12 months before your arrest. Then the Drug Abuse Program Coordinator (DAPC) interviews you.
Some people cannot get the time off. One example is a current felony that involved a firearm. They can often still take RDAP.
BOP decides each case. This page explains the rules. It cannot tell you how BOP will decide yours.

Why there are two questions

The rules for getting into RDAP are in 28 C.F.R. § 550.53(b). The rules for the early release are in a different section, 28 C.F.R. § 550.55.

BOP policy says it plainly: "Inmates with a diagnosis of a substance use disorder are qualified for the RDAP whether or not they are eligible for the early release incentive" (P5330.11, ch. 2, § 2.5.9, p. 14).

So read this page in two parts. Part A is about getting in. Part B is about the time off.

Part A: Can you get into RDAP?

You can get into RDAP if you meet all three admission rules and BOP's Drug Abuse Program Coordinator places you.

Drug Abuse Program Coordinator (DAPC): The BOP staff member who runs drug treatment at a prison. The DAPC interviews you and decides whether to place you in RDAP (28 C.F.R. § 550.53(e)). In 2016, BOP said all of its treatment coordinators have a doctorate in psychology (81 Fed. Reg. 24484).

The three admission rules

"(1) Inmates must have a verifiable substance use disorder. (2) Inmates must sign an agreement acknowledging program responsibility. (3) When beginning the program, the inmate must be able to complete all three components described in paragraph (a) of this section."
28 C.F.R. § 550.53(b)

What a "verifiable substance use disorder" means

It means a drug or alcohol problem that BOP can confirm from records, and then confirm again in an interview.

Verifiable substance use disorder: A drug or alcohol problem shown in official records. BOP staff check your central file and other records for proof of your use of specific drugs, "including alcohol," and of a pattern of abuse or dependence (P5330.11, ch. 2, § 2.5.8, p. 11).

The main record is usually your presentence report.

Presentence report (PSR): The report a federal probation officer writes before you are sentenced. It covers your background, including drug and alcohol use. BOP gets a copy.

BOP policy lists other papers staff may use. They include (P5330.11, ch. 2, § 2.5.8, p. 12):

records showing a substance use disorder in the 12 months before your arrest for your current offense
a note from a probation officer, parole officer or social service worker about your substance problem in those 12 months
records from a treatment or medical provider who diagnosed and treated you in those 12 months
two or more DUI or DWI convictions in the 5 years before your most recent arrest

Casual use is not enough. Under the policy, "recreational, social, or occasional use" that does not rise to "excessive or abusive drinking" does not count as proof (P5330.11, ch. 2, § 2.5.8, p. 12).

If your records do not show a problem

BOP staff must meet with you and tell you your options (P5330.11, ch. 2, § 2.5.8, pp. 12–13). Under that policy you may:

join the non-residential drug program instead
get records from a past treatment provider, written at the time you were treated
get a letter from a probation officer, parole officer or social services worker
let medical staff examine physical signs of drug use and share the results
let staff confirm that you went through detox when you entered BOP

These records must go straight to the prison's drug treatment staff. The policy says they are "not to be sent to you for you to provide" to staff (P5330.11, ch. 2, § 2.5.8, p. 13).

The clinical interview

Only after records are found does the DAPC interview you (P5330.11, ch. 2, § 2.5.9, p. 13). The DAPC uses the American Psychiatric Association's diagnostic manual (DSM) to decide whether you have a substance use disorder. What you say must match your records "in time, intensity, and duration" (p. 14).

The DAPC can find no disorder even when records exist. The DAPC can also find that you cannot fully take part, for example because you cannot understand the program's rules or the language it is taught in (P5330.11, ch. 2, § 2.5.9, p. 14).

Enough time to finish all three parts

You must be able to finish the unit, follow-up and community parts when you start (28 C.F.R. § 550.53(b)(3)). BOP policy adds that this "includes the critical RRC or home confinement transfer" for community treatment (P5330.11, ch. 2, § 2.5.1, p. 8).

Residential Reentry Center (RRC): BOP's name for a federal halfway house.

BOP policy gives this example: a person who will be deported "is unqualified for the RDAP" because they cannot go to an RRC for community treatment. The non-residential program is open to them (P5330.11, ch. 2, § 2.5.1, p. 9). The same policy says people ordinarily need 24 months or more left on their sentence.

Parents and pregnant people

A 2022 law protects primary caretaker parents and pregnant people. BOP may not bar them from RDAP because they did not tell BOP about a substance problem before they were committed to BOP custody (18 U.S.C. § 3621(e)(7)).

The guide to RDAP for women in federal prison explains how this rule works.

Part B: Can you get the time off?

You can get the early release only if your offense is nonviolent, you finish all of RDAP during your current sentence, and you are not in a group the rules exclude.

The law allows time off only for a person "convicted of a nonviolent offense" (18 U.S.C. § 3621(e)(2)(B)). BOP's rule adds that you must be sentenced under the federal sentencing laws or the listed D.C. Code provision, and must finish RDAP "during their current commitment" (28 C.F.R. § 550.55(a)).

Who BOP excludes from early release

The rule lists these groups. This is the rule's own wording:

"As an exercise of the Director's discretion, the following categories of inmates are not eligible for early release:
(1) Immigration and Customs Enforcement detainees;
(2) Pretrial inmates;
(3) Contractual boarders (for example, State or military inmates);
(4) Inmates who have a prior felony or misdemeanor conviction within the ten years prior to the date of sentencing for their current commitment for: (i) Homicide (including deaths caused by recklessness, but not including deaths caused by negligence or justifiable homicide); (ii) Forcible rape; (iii) Robbery; (iv) Aggravated assault; (v) Arson; (vi) Kidnaping; or (vii) An offense that by its nature or conduct involves sexual abuse offenses committed upon minors;
(5) Inmates who have a current felony conviction for: (i) An offense that has as an element, the actual, attempted, or threatened use of physical force against the person or property of another; (ii) An offense that involved the carrying, possession, or use of a firearm or other dangerous weapon or explosives (including any explosive material or explosive device); (iii) An offense that, by its nature or conduct, presents a serious potential risk of physical force against the person or property of another; or (iv) An offense that, by its nature or conduct, involves sexual abuse offenses committed upon minors;
(6) Inmates who have been convicted of an attempt, conspiracy, or solicitation to commit an underlying offense listed in paragraph (b)(4) and/or (b)(5) of this section; or
(7) Inmates who previously received an early release under 18 U.S.C. 3621(e)."
28 C.F.R. § 550.55(b)

The ten-year limit on prior convictions came from a 2016 rule change (81 Fed. Reg. 24484, 24485 (Apr. 26, 2016)).

The DAPC's first check

If the DAPC finds you qualified for RDAP, the DAPC then checks BOP's records. You are not eligible for early release if you (P5331.02, § 8.b, p. 5):

already got an early release under § 3621(e)
are a contract boarder, such as a state or military prisoner
are a pretrial prisoner
have a detainer that will keep you from finishing the community part of RDAP
committed your federal offense before November 1, 1987
committed your D.C. offense before August 5, 2000

Detainer: A request from another agency, such as immigration or a state court, to hold you or tell them before you are released.

If one of these applies, the DAPC tells you, and you sign a Notice of RDAP Qualification form. No further review is needed.

The DSCC offense review

If you pass the first check, lawyers at BOP's Designation and Sentence Computation Center review your offenses.

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

DSCC legal staff "will ordinarily have 30 working days" to decide, based on your current offense and prior convictions. For federal offenses, they use BOP's Categorization of Offenses policy (P5331.02 CN-3, § 6.a, p. 1; P5331.02, § 8, p. 6).

They look at your judgment and your PSR. An attorney signs the result.

The gun enhancement

A current offense that involved a gun blocks the early release. It does not block RDAP itself.

The rule excludes a current felony that "involved the carrying, possession, or use of a firearm" (28 C.F.R. § 550.55(b)(5)(ii)). BOP's offense policy applies this to a 21 U.S.C. § 841 conviction when the judge added two levels for possessing a dangerous weapon. That increase is U.S.S.G. §2D1.1(b)(1) in the Guidelines Manual that took effect November 1, 2026 (U.S.S.G. §2D1.1(b)(1)):

"an inmate who was convicted of violating 21 U.S.C. § 841 and received a two-level SOC enhancement for possession of a firearm has been convicted of an offense that will preclude the inmate from receiving certain Bureau program benefits."
P5162.07, § 4.b, p. 9

"SOC" means specific offense characteristic, a sentencing guidelines adjustment. The same policy covers drug conspiracies and attempts under 21 U.S.C. § 846 when the presentence report shows that increase (P5162.07, § 4.d, p. 12). It also says "All offenses under 18 U.S.C. § 922(g) shall preclude" these benefits (§ 4.e, p. 13).

The Supreme Court upheld BOP's power to deny early release this way. In Lopez v. Davis, the Court held that BOP's rule denying early release to prisoners whose offense involved a firearm was "a permissible exercise of the BOP's discretion" under § 3621(e)(2)(B) (531 U.S. 230, syllabus).

Questions about specific offenses

This guide cannot decide eligibility in any one case. That takes the records, and BOP makes the decision. Here is how some common questions map onto the rule.

Child pornography. The rule bars early release for a current offense that "by its nature or conduct, involves sexual abuse offenses committed upon minors" (§ 550.55(b)(5)(iv)). BOP's offense list calls sexual exploitation of children under 18 U.S.C. § 2251 a crime of violence (P5162.07, § 3.a, p. 5). The list does not name 18 U.S.C. § 2252 or § 2252A, the laws on possessing, receiving or sharing images.

For offenses not on the list, BOP looks at whether the offense "involves sexual abuse offenses committed against children by its nature or conduct" (P5162.07, § 4, p. 8). When staff believe an unlisted offense might block these benefits, they must ask BOP's lawyers for clarification (§ 2, p. 2). When BOP wrote the matching rule for past convictions, it said it meant to cover "any offense relating to minors that involves sexual conduct" (74 Fed. Reg. 1892, 1894 (2009)).

Not being on the list does not make an offense eligible (28 C.F.R. § 550.55(b)(5)(iv); P5162.07, § 4, p. 8). A § 2252 or § 2252A case needs a look at the exact subsection, the offense conduct, the sentencing record and BOP's written decision. A label such as "possession only" does not answer the question by itself.

Getting into RDAP for treatment is a separate question.

Online solicitation or enticement of a minor. BOP's policy lists 18 U.S.C. § 2422 and § 2425 as crimes of violence (P5162.07, § 3.a, p. 6).

Gambling problems and gambling offenses. RDAP admission requires "a verifiable substance use disorder" (28 C.F.R. § 550.53(b)(1)). A gambling problem alone is not a substance use disorder under that rule.

We did not find gambling offenses listed in BOP's Categorization of Offenses policy. That policy tells staff to ask BOP's lawyers about any offense that is not listed but might still exclude someone (P5162.07, § 2, p. 2). The factors in the rule still apply to the facts of each case.

Excluded from time off, but you can still take RDAP

If you cannot get the early release, you can usually still take RDAP. Treatment and other rewards remain.

BOP's other basic rewards for RDAP include limited financial awards for finishing phases, "consideration for the maximum period of time in a community-based treatment program, if the inmate is otherwise eligible," and local rewards such as better housing (28 C.F.R. § 550.54(a)(1)). To receive any reward, you must keep up with your Financial Responsibility Program payments and education (GED) duties (§ 550.54(b)).

Can your eligibility change?

Yes, in both directions. BOP policy says you may lose early release eligibility "at any time" because of new information or a past error (P5331.02, § 12, p. 7). If a reason for ineligibility goes away, such as a dropped detainer, the DAPC can change you to eligible if nothing else stands in the way (P5331.02, § 12.a(3), p. 8).

If you think BOP got it wrong, you can use the administrative remedy process. The expulsion guide explains the steps.

What papers help with an RDAP eligibility question?

The most useful papers are the judgment, the parts of the PSR about drug or alcohol use and about the offense, any written RDAP qualification notice, and BOP's written reason for a denial with its date. Note any detainer too. Do not send medical records or a full PSR through a first contact form.

Keep three things apart. A drug conviction does not prove a substance use disorder, and a substance use disorder does not prove you can get the time off. An offense that is missing from one BOP list is not automatically eligible either.

Before you send anything, ask what is needed and how to send it safely.

Sources

Need help with an RDAP eligibility question?

A conviction label alone may not answer it. The judgment, the PSR, treatment records, any detainer and BOP's written decision can all matter. You can request a consultation to talk about whether we can help with the admission question, the early release question, or both.

Frequently asked questions

Who is eligible for RDAP?

To get into RDAP you need a verifiable substance use disorder, a signed program agreement, and enough time left to finish all three parts of the program (28 C.F.R. § 550.53(b)). Getting the early release is a separate question with its own rules (28 C.F.R. § 550.55).

What disqualifies you from RDAP?

You cannot get into RDAP without a drug or alcohol problem that BOP can verify from records, or if you cannot finish all three parts, including community treatment (28 C.F.R. § 550.53(b)). Many more things block only the early release, such as a current offense involving force or a firearm, certain prior convictions in the last ten years, or a past § 3621(e) release (28 C.F.R. § 550.55(b)).

Does a gun enhancement disqualify you from RDAP?

It blocks the early release, not the program. BOP treats a 21 U.S.C. § 841 conviction with a two-level enhancement for possessing a firearm as precluding certain program benefits, including early release (P5162.07, § 4.b, p. 9; 28 C.F.R. § 550.55(b)(5)(ii)). The Supreme Court upheld that kind of rule in Lopez v. Davis (531 U.S. 230 (2001)).

Does an alcohol problem count for RDAP?

Yes. BOP staff look for records that verify your use of specific drugs, "including alcohol" (P5330.11, ch. 2, § 2.5.8, p. 11). Two or more DUI or DWI convictions in the five years before your most recent arrest can serve as that kind of record (p. 12).

Can you get RDAP time off with a felon-in-possession conviction?

BOP's policy says "All offenses under 18 U.S.C. § 922(g) shall preclude" certain program benefits, which include § 3621(e) early release (P5162.07, § 4.e, p. 13). You may still be able to take RDAP for treatment and other incentives (28 C.F.R. § 550.54).

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.