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The program is open to inmates with a documented history of substance use in the 12-month period prior to arrest for the sentence they are currently serving. It is authorized in 18 U.S.C. § 3621. [8] RDAP is only available to inmates in federal prisons; state prisoners are not eligible to participate.
It amounts to a sentence reduction of about 35%. [1] The 3-level reduction is only available to defendants with an offense level of 16 or greater, and it requires a timely guilty plea. Federal plea agreements usually include a stipulation that the government will support granting the defendant the acceptance of responsibility reduction.
The bill was introduced on July 31, 2013, by Sen. Richard Durbin (D-IL) and referred to the Judiciary Committee on October 20, 2013. It is related to the Justice Safety Valve Act of 2013, the Federal Prison Reform Act of 2013 (S. 1783) and others, in an effort to deal with the over-crowded, and under-funded, federal prison system.
A two- or three-level offense level reduction is usually available for those who accept responsibility by not holding the prosecution to the burden of proving its case; this usually amounts to a complete sentence reduction had they gone to trial and lost. [31] The Federal Rules of Criminal Procedure provide for two main types of plea agreements ...
The Guidelines are the product of the United States Sentencing Commission, which was created by the Sentencing Reform Act of 1984. [3] The Guidelines' primary goal was to alleviate sentencing disparities that research had indicated were prevalent in the existing sentencing system, and the guidelines reform was specifically intended to provide for determinate sentencing.
Print/export Download as PDF; Printable version; In other projects ... RDAP may refer to: Registration Data Access Protocol; Residential Drug Abuse Program ...
A diversion program, also known as a pretrial diversion program or pretrial intervention program, in the criminal justice system is a form of pretrial sentencing that helps remedy the behavior leading to the arrest.
Decarceration includes overlapping reformist and abolitionist strategies, from "front door" options such as sentencing reform, decriminalization, diversion and mental health treatment to "back door" approaches, exemplified by parole reform and early release into re-entry programs, [5] amnesty for inmates convicted of non-violent offenses and imposition of prison capacity limits. [6]