Same rules, same time off

The RDAP rules do not change based on sex. The same law and rules apply to everyone in BOP custody.

  • The law. The time off of up to one year comes from 18 U.S.C. § 3621(e)(2)(B). It applies to any prisoner "convicted of a nonviolent offense" who finishes treatment.

    BOP "may" reduce the time. It does not have to.

  • Getting in. You need a verifiable substance use disorder, a signed agreement, and enough time to finish all three parts (28 C.F.R. § 550.53(b)).

  • Getting time off. BOP's early release rule and its list of excluded groups are the same for everyone (28 C.F.R. § 550.55).

None of these rules sets different terms for women. The eligibility guide explains each rule. The getting in guide explains how to apply.

Pregnant prisoners and primary caretaker parents

If you are pregnant or a primary caretaker parent, BOP cannot keep you out of RDAP because you did not tell BOP about your drug or alcohol problem before you came into its custody. Congress added this rule in 2022.

The law says:

"The Director of the Bureau of Prisons may not prohibit an eligible prisoner who is a primary caretaker parent (as defined in section 4051) or pregnant from participating in a program of residential substance abuse treatment provided under paragraph (1) on the basis of a failure by the eligible prisoner, before being committed to the custody of the Bureau of Prisons, to disclose to any official of the Bureau of Prisons that the prisoner had a substance abuse problem on or before the date on which the eligible prisoner was committed to the custody of the Bureau of Prisons."

Three things to know about this rule:

  • It is not only for women. It covers any "primary caretaker parent," mother or father, plus anyone who is pregnant. Section 3621(e)(7) points to 18 U.S.C. § 4051, which takes its definition from 34 U.S.C. § 12242 (18 U.S.C. § 4051(a)(5); 34 U.S.C. § 12242).

    Under that definition, a primary caretaker parent is a parent who, before prison, consistently took responsibility for a child's housing, health, and safety. It also covers a woman who gave birth after or while waiting to be sentenced and is willing to take that responsibility. Having a relative or another adult care for the child for a time does not, by itself, take a parent out of the definition.

    In § 12242, "child" means a person under 7, and that age limit is part of the definition the law points to. A claim under this rule should address that definition and the timing in your case. Do not assume every parent of a minor child is covered.

  • It is about not telling BOP sooner. BOP cannot hold your silence against you. It does not remove the other admission rules.

  • You must still be an "eligible prisoner." The law defines that as a person BOP finds has a substance abuse problem and who is "willing to participate" (18 U.S.C. § 3621(e)(5)(B)).

Programs BOP describes for women

BOP runs some programs only at prisons that house women. Two matter most for drug treatment.

FIT (Female Integrated Treatment)

FIT is a live-in treatment program for women. BOP describes it this way:

"The FIT Program (Female Integrated Treatment Program) is a residential treatment program that offers integrated cognitive-behavioral treatment for substance use disorders, mental illness, and trauma related disorders, as well as vocational training, to female inmates."

"Integrated" means it treats drug use, mental health and trauma together. Cognitive behavioral therapy (CBT) works on how your thoughts affect your feelings and actions.

BOP's program guide links FIT to RDAP. It says women who qualify for RDAP "can complete RDAP in the context of the FIT Program and may be eligible for the associated early release benefit" (BOP First Step Act Approved Programs Guide, p. 16).

"May" matters here. The usual RDAP early release rules still apply, and BOP decides.

Resolve

BOP's August 2026 program guide describes Resolve as trauma treatment with three parts: a short workshop (Trauma in Life, or Traumatic Stress and Resilience), a skills group (Seeking Safety), and further therapy such as dialectical behavior therapy, cognitive processing therapy, or a skills-maintenance group (BOP First Step Act Approved Programs Guide, p. 19). It is not a drug program and it is not RDAP.

Finishing it does not earn the § 3621(e) time off. BOP's 2009 treatment policy described a shorter version of the same program (P5330.11, ch. 3, § 3.1, p. 1).

For BOP's other programs for women, including its pregnancy programs, see BOP's Female Offenders page. This site covers only RDAP.

Where women can take RDAP

Not every prison that houses women has an RDAP. BOP decides where you serve your sentence (18 U.S.C. § 3621(b)). BOP's public list is dated January 2025.

It says there are 65 RDAP programs at 53 locations and marks the sites that house women, including where FIT is offered: BOP RDAP locations list (PDF). The same list marks some programs as closing or suspended, so the number that are open can be lower.

Prison-by-prison details: lockedup.com.

What should you ask if BOP denies RDAP to a parent or pregnant person?

First find out what BOP actually denied, and why. Section 3621(e)(7) removes one barrier, the failure to report a substance problem before custody, but it does not remove the other admission or early release rules. Knowing the actual reason tells you which rule is in play.

Possible reasons include:

  • you did not report a problem before custody
  • records could not verify a disorder
  • there is not enough time left to finish all three parts
  • a community placement problem
  • an early release exclusion

A family member or friend can help find existing records and build a timeline. Do not put children's personal details in a public contact form. Ask what proof is needed and how to send it safely.