Primary sources
The federal laws and BOP policies behind this RDAP guide
This is every source cited on this site, grouped by type: statutes, regulations, court decisions, BOP policies and other agency materials. What kind of authority a source is, and which version is current, matter as much as the link.
Most links go to government or court websites, such as BOP, eCFR, the Federal Register and the federal courts. U.S. Code and some Supreme Court links go to Cornell’s Legal Information Institute, which reproduces official legal text but is not a government website. We use it because the official U.S. Code website was not serving section pages when these were checked.
Program statement page numbers on this site are the printed page numbers in each policy. They can differ from the page number your PDF viewer shows. Read a program statement together with its change notices and the current statute and regulation.
The “Last checked” date means someone opened the link and read the passages we cite on that date. It does not mean every sentence in every guide got a new attorney review that day.
Statutes
- 18 U.S.C. § 3621 Imprisonment of a convicted person. Subsection (b) lets BOP pick the prison; subsection (e) is the RDAP law and the up-to-one-year reduction. Last checked .
- 18 U.S.C. § 3624 Release of a prisoner, including prerelease custody in a halfway house or home confinement. Last checked .
- 18 U.S.C. § 3632 First Step Act risk and needs assessment system and time credits (covered on firststepact.com). Last checked .
- 18 U.S.C. § 3582 Imposition of a prison sentence. Subsection (a) says prison is not a way to promote rehabilitation (see Tapia). Last checked .
- 18 U.S.C. § 4051 Definitions for the First Step Act reentry and parenting provisions. Subsection (a)(5) points 'primary caretaker parent' to 34 U.S.C. § 12242. Last checked .
- 34 U.S.C. § 12242 Defines 'primary caretaker parent' and 'child' (under 7) for certain federal parenting programs. Section 3621(e)(7) reaches this definition through § 4051. Last checked .
- 28 U.S.C. § 2241 Power to grant the writ of habeas corpus. Federal prisoners use it to challenge how BOP carries out a sentence, including some RDAP decisions. A filing is not a promise of relief. Last checked .
- 18 U.S.C. § 3625 Says the APA judicial-review provisions do not apply to BOP determinations under 18 U.S.C. §§ 3621–3626. Individual RDAP decisions are discussed in Reeb v. Thomas. Last checked .
- 18 U.S.C. § 3625 (official U.S. Code) Official Office of the Law Revision Counsel text of § 3625 (current edition). Read 2026-11-09: the APA's §§ 554, 555 and 701–706 do not apply to determinations under this subchapter. Last checked .
- 18 U.S.C. § 3583 Inclusion of a term of supervised release after imprisonment. Subsection (e) is the modification provision Kittel invoked. The statute does not require a court to shorten supervised release. Last checked .
Regulations
- 28 C.F.R. part 550, subpart F BOP's Drug Abuse Treatment Program rules (§§ 550.50–550.57). Last checked .
- 28 C.F.R. § 550.50 Purpose and scope. Last checked .
- 28 C.F.R. § 550.51 Drug abuse education course. Last checked .
- 28 C.F.R. § 550.52 Non-residential drug abuse treatment services. Last checked .
- 28 C.F.R. § 550.53 RDAP: the three components, admission, application, placement, expulsion and effects of not taking part. Last checked .
- 28 C.F.R. § 550.54 Incentives for RDAP participation. Last checked .
- 28 C.F.R. § 550.55 Eligibility for early release, the excluded categories, and the early release time-frame. Last checked .
- 28 C.F.R. § 550.56 Community Treatment Services (CTS). Last checked .
- 28 C.F.R. § 550.57 Inmate appeals. Last checked .
- 28 C.F.R. § 2.70 The U.S. Parole Commission's authority over D.C. Code prisoners who are eligible for parole (not covered on this site). Last checked .
- 28 C.F.R. part 542 Administrative Remedy Program (informal resolution, BP-9, BP-10, BP-11, deadlines and response times). Last checked .
Rulemaking (Federal Register)
- 81 Fed. Reg. 24484 (Apr. 26, 2016) Final rule, effective May 26, 2016: removed automatic expulsion and the written test, limited the prior-conviction look-back to ten years, and renamed the community component CTS. Last checked .
- 74 Fed. Reg. 1892 (Jan. 14, 2009) Final rule, effective March 16, 2009: rewrote subpart F and made certain D.C. Code offenders eligible for early release consideration. Last checked .
- 74 Fed. Reg. 1892 (Jan. 14, 2009) (govinfo PDF) Govinfo PDF of the 2009 RDAP final rule (document E9-593). The same day's E9-574 is an FDA notice, not this rule. Last checked .
BOP program statements
- BOP Program Statement 5331.02 CN-3 Early Release Procedures Under 18 U.S.C. § 3621(e) (change notice dated May 7, 2026; base policy March 16, 2009). Sentence-length table, DAPC initial review, DSCC offense review. Last checked .
- BOP Program Statement 5330.11 CN-1 Psychology Treatment Programs (base policy March 16, 2009; change notice April 25, 2016). Chapter 2 covers RDAP. The regulation text (bold in the policy) controls; read it with 28 C.F.R. part 550, subpart F. Last checked .
- BOP Program Statement 5330.11 CN-1 (Spanish) Spanish-language version of Psychology Treatment Programs. Last checked .
- BOP Program Statement 7430.03 Community Treatment Services (May 7, 2026). Rescinded 7430.02, Community Transitional Drug Abuse Treatment. Last checked .
- BOP Program Statement 5162.07 Categorization of Offenses (September 3, 2026). Lists offenses BOP treats as crimes of violence or as precluding certain program benefits, including § 3621(e) early release. Last checked .
- BOP Program Statement 1330.18 Administrative Remedy Program (January 6, 2014). Last checked .
- BOP Program Statement 7310.04 Community Corrections Center (CCC) Utilization and Transfer Procedures (1998). General halfway-house placement rules are covered on sentencing.net. Last checked .
- BOP Program Statement 5280.09 Inmate Furloughs (January 20, 2011). Last checked .
- BOP Program Statement 5380.08 Inmate Financial Responsibility Program (August 15, 2005). Meeting FRP obligations is a condition for RDAP incentives. Last checked .
- BOP Program Statement 5410.01 CN-2 First Step Act Time Credits (November 18, 2022; Change Notice 2, March 10, 2023). Section 11 covers stacking § 3621(e) early release with FSA time credits and the 120-day community-treatment reserve. Last checked .
BOP pages and documents
- BOP: Substance Abuse Treatment BOP's public description of its drug programs, RDAP and Community Treatment Services. Last checked .
- BOP: Residential Drug Abuse Programs and Locations (PDF, updated January 2025) BOP's official list of prisons with an RDAP. Last checked .
- BOP: First Step Act Approved Programs Guide (August 2026) Lists RDAP as an evidence-based recidivism reduction (EBRR) program and describes CTS. Last checked .
- BOP: First Step Act Frequently Asked Questions BOP FAQ stating that the BOP's RDAP was not changed by the First Step Act. Last checked .
- BOP: Female Offenders BOP's page on programs for women, including the Female Integrated Treatment (FIT) program and the Resolve trauma program. Last checked .
Court decisions
- Lopez v. Davis, 531 U.S. 230 (2001) The Supreme Court upheld BOP's rule denying early release to prisoners whose current offense involved a firearm. Last checked .
- Lopez v. Davis, 531 U.S. 230 (2001) (U.S. Reports PDF) Official U.S. Reports copy (Library of Congress). Last checked .
- Lopez v. Davis, 531 U.S. 230 (2001) (govinfo PDF) Official U.S. Reports PDF on govinfo. Local copy under public/court-orders/. Last checked .
- Arrington v. Daniels, 516 F.3d 1106 (9th Cir. 2008) Ninth Circuit slip opinion, No. 06-35855, filed Feb. 20, 2008. The slip does not print Federal Reporter page numbers. Local copy under public/court-orders/. Last checked .
- Crickon v. Thomas, 579 F.3d 978 (9th Cir. 2009) Ninth Circuit slip opinion, No. 08-35250, filed Aug. 25, 2009. Local copy under public/court-orders/. Last checked .
- Reeb v. Thomas, 636 F.3d 1224 (9th Cir. 2011) Ninth Circuit slip opinion, No. 09-35815, filed Mar. 3, 2011. Local copy under public/court-orders/. Last checked .
- Licon v. Ledezma, 638 F.3d 1303 (10th Cir. 2011) Tenth Circuit opinion, No. 10-6166, filed Mar. 30, 2011. Local copy under public/court-orders/. Last checked .
- Standifer v. Ledezma, 653 F.3d 1276 (10th Cir. 2011) Tenth Circuit opinion, No. 11-6025, filed Aug. 10, 2011. Local copy under public/court-orders/. Last checked .
- Peck v. Thomas, 697 F.3d 767 (9th Cir. 2012) Ninth Circuit slip opinion, No. 11-35283, filed June 19, 2012. Local copy under public/court-orders/. Last checked .
- Kittel v. Thomas, No. 09-35630 (9th Cir. Sept. 7, 2010) Amended Ninth Circuit slip opinion, No. 09-35630 (Sept. 7, 2010). The order amends the opinion reported at 610 F.3d 1115. Local copy under public/court-orders/. Last checked .
- Chambers v. Warden Lewisburg USP, No. 20-2108 (3d Cir. Apr. 29, 2021) Nonprecedential Third Circuit opinion. The slip says it is not binding precedent. Local copy under public/court-orders/. Last checked .
- United States v. Smith, No. 23-5519 (6th Cir. Mar. 8, 2024) Sixth Circuit opinion, file name 24a0106n.06. The slip says it is not recommended for publication. Local copy under public/court-orders/. Last checked .
- Mora-Meraz v. Thomas, 601 F.3d 933 (9th Cir. 2010) Ninth Circuit slip opinion, No. 09-35413, filed Apr. 14, 2010. The 601 F.3d 933 cite is the one used in Standifer v. Ledezma (official Tenth Circuit PDF). Local copy under public/court-orders/. Last checked .
- Tapia v. United States, 564 U.S. 319 (2011) A judge may not impose or lengthen a prison term to promote rehabilitation, such as to make someone eligible for RDAP. Last checked .
D.C. Code (cited only for D.C. Code sentences)
- D.C. Code § 24-403.01 Sentencing for D.C. Code felonies committed on or after August 5, 2000. Subsection (d-1) allows up to a one-year reduction for a nonviolent offense under 18 U.S.C. § 3621(e)(2). Last checked .
- D.C. Code § 23-1331 Definitions. Paragraph (4) defines "crime of violence" for D.C. Code offenses. Last checked .
- D.C. Code § 24-101 People serving D.C. Code felony sentences are held by BOP and are subject to the laws and rules for people committed for federal crimes. Last checked .
Other official sources
- U.S. Sentencing Commission: Residential Drug Abuse Treatment Program The Sentencing Commission's RDAP overview (last updated July 22, 2024). Informational only. Last checked .
- U.S.S.G. §2D1.1 (Nov. 1, 2026) Drug trafficking guideline. Subsection (b)(1) adds two levels if a dangerous weapon (including a firearm) was possessed. Unchanged by the 2026 amendments that renumbered later paragraphs. Last checked .