Full question:
If recommended for the RDAP program by the judge and then not able to get in to qualify for a reduced sentence, can a defendant apply for sentence modification if the judge made this recommendation thinking the person would get a reduction. In other words can he go back and ask for the sentence to be reduced in time as if he completed the program?
- Category: Criminal
- Date:
- State: Michigan
Answer:
The Residential Drug Abuse Program (RDAP) is a federal program that offers certain inmates incentives for participating in drug treatment programs. Under 28 C.F.R. § 550.57, the Bureau of Prisons (BOP) has discretion to reduce a sentence by up to one year for inmates convicted of nonviolent offenses who successfully complete the program (18 U.S.C. § 3621(e)(2)(B)).
If a defendant does not qualify for the RDAP program, they may petition the court for a sentence modification. The judge has discretion to grant this modification if they find extraordinary and compelling reasons to justify a sentence reduction (18 U.S.C. § 3582(b) and (c)).
In summary, if a judge recommended the RDAP program under the assumption that the defendant would qualify for a reduction, the defendant can still request a sentence modification from the court, but it will depend on the circumstances and the judge's discretion.
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