On
March 16, 2009, the Bureau of Prisons (BOP) radically changed the eligibility
requirements of the 500-Hour Residential Drug Abuse Program also called RDAP.
This program allows for up to a 12-month sentence reduction and 6 months of
halfway house for eligible inmates. This is up to 18 months out of federal
prison! This program is for those inmates who used or abused illegal drugs,
alcohol, and legal prescription drugs such as Oxycontin, Percocet, Percodan,
etc. If you are going to federal prison do you qualify?
Michael Frantz, Federal Prison
Consultant for Jail Time Consulting and the Prison Consulting Group stated, “It
is now much more difficult to get into the RDAP program and a simple judicial recommendation
by the sentencing judge, although useful, does no longer guarantee admission to
the RDAP program—you need much, much more.” The BOP is not required to follow
or implement the judge's recommendation for the RDAP program. And most of the
time they do not. The eligibility criteria have to be met or you do not get in.
That is it—plain and simple.
The competition for the available
slots in this program is fierce as every inmate wants his or her sentence
reduced. The defendant must have a thorough knowledge of the March 2009 program
revisions and must meet the diagnostic criteria for substance abuse or
dependence indicated in the Diagnostic and Statistical Manual of the Mental Disorders, Fourth
Edition, and (DSM-IV). In addition, in the March of 2009 revisions,
the BOP instituted significant changes to the RDAP program in both eligibility
requirements and incentives. There is specific documentation that the BOP is
looking for and must be documented in the Presentence Investigation Interview
Report, (PSI/PSR) or in accepted collateral documentation provided to the BOP.
Michael Frantz stated, “We provide
that information to the BOP for you and help you lay the foundation for your
acceptance into this program.” Frantz also stated that there are sixteen (16)
critical steps to lay that foundation and his companies outline each one of
them for his clients and prepare them for each one of the steps. They can achieve what your attorney cannot.
Now more than ever, a defendant needs the services of Jail Time Consulting or
the Prison Consulting Group to lay the foundation of proper collateral
documentation and PSI preparation. It is essential.
The PSI is the first step and Frantz
states that to lay a strong foundation for eligibility and acceptance into the
program a defendant should contact him prior to their plea agreement or trial.
Some defendants wait until their PSI interview is over and they unfortunately
say something in the interview which precludes them for RDAP eligibility. It is not impossible to get into the RDAP
program when a defendant contacts a prison consultant after he or she has taken
the PSI interview, but it is much more difficult and problematic.
IMPORTANCE
OF THE PRESENTENCE INVESTIGATION INTERVIEW AND REPORT, PSI/PSR
Frantz stated that the Pre-Sentence
Investigation (PSI) and the subsequent Pre-Sentence Investigation Report (PSR)
is without a doubt the most dominant and definitive document used by the Court
in determining a defendant’s federal prison sentence. The PSI is the defendant’s
"Bible",
his life history as seen through the eyes of the probation officer authoring
the report in concert with the Assistant United States Attorney, AUSA,
prosecuting the case. Besides being instrumental in determining his federal
prison sentence, the PSI is vitally important with respect to BOP federal
prison designation, security level, custody level, program placement, work
assignments, bunk assignments, furlough eligibility, community custody
placement, inmate quality of life enhancements, and admission into the RDAP Program.
The Pre-Sentence Interview
preparation process is a critical step in the eventual determination of the
client’s federal prison sentence by the Federal District Court Judge. It is
important that it be done correctly, completely, and accurately. This is
especially important since the PSI/PSR, intended as an impartial assessment of
the defendant, is heavily weighted towards the government’s point of view. Proper
preparation and documentation prepares the foundation for any subsequent challenges
to the content of the Pre-Sentencing Investigation Report by the client and his
defense team. There may be items in the PSI that will negatively affect the
inmate in program participation once he is incarcerated. The defendant’s attorney
does not know what these items are. He doesn't look for them. Jail Time
Consulting and the Prison Consulting Group do and they assist the attorney in
trying to remove them. Remember, the Probation Officer authoring your PSI works
for the prosecutor. The PSI/PSR is always slanted against the defendant. You
need a professional's help in making the playing field level. Ideally, Jail
Time Consulting and the Prison Consulting Group provide effective client
positioning prior to the Pre-Sentencing Interview and Report resulting in
significant benefits to the client, eligibility into the RDAP program, and a
lower net federal prison sentence.
Michael Frantz stated, Currently the
federal government currently has a 97% guilty plea rate in federal criminal
cases. Federal prosecutors have over a 75% conviction rate following trial, and
91% of all federal criminal defendants receive a prison sentence. Isn’t it time you even up the odds and get a
Prison Consultant on your side. Mr. Frantz can be followed on
Facebook. Go to the JailTime Consulting website.
ABOUT MICHAEL FRANTZ
Michael Frantz is a
leading Federal Prison Consultant with Jail Time Consulting (JTC) and the
Prison Consulting Group (PCG). The staffs of JTC and PCG provide sentence
reduction strategies, research, and many pre- and post-sentencing services for
their clients. Michael has authored a bestselling book on federal prison
titled, “Jail Time, What you need to know…Before you go to federal prison!” He
has also authored over thirty-five JT Special Reports© on various federal
prison issues affecting both the inmate and his/her family. They are available
on the website. He is a nationally recognized authority on federal prison and
has published over 50 articles nationwide. Mr. Frantz has been contacted as a
federal prison expert resource by the Fox
News Network, the Oprah Winfrey
Channel, ABC’s 20/20 news show,
the New York Times, and many television stations and radio stations nationwide. He can be reached at 954-522-2254,
800-804-4686, or at mike@jailtimeconsulting.com.
