BOP Program Statement 5331.02 § 12

An inmate may require changes to, or lose, his or her early release eligibility at any time as a

result of:

• information that renders the inmate ineligible, see section 5; or

• identification of a previous error.

Chapter 2 of the Program Statement Psychology Treatment Programs contains specific

information on the circumstances that may lead to expulsion and loss of early release. DAP staff,

designated DSCC staff, Unit Team staff, TDAT staff, and Community Corrections staff play key

roles in identifying, monitoring and documenting an inmate’s eligibility for early release. This

process involves the steps described below.

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a. The DAPC. The DAPC, or designee, in all Bureau institutions will review all eligible inmate

DRG assignments bi-monthly and prior to the inmate receiving a DAP COMP or FOL COMP

SENTRY assignment.

(1) Completion of the Unit-Based RDAP Component. If the inmate completes the unit-based

component (see Psychology Treatment Programs) of the RDAP, the local DAPC, or designee,

will:

• replace the SENTRY participation assignment to completion assignment; and

• add a SENTRY assignment for follow-up treatment indicating the inmate is enrolled in

institutional transitional aftercare.

(2) Additional Completion Time in RDAP. If an eligible inmate is determined, for clinical

reasons (e.g., difficulty meeting treatment goals) or administrative reasons (e.g., writ, medical,

institutional need), to require additional time to complete the RDAP, the DAPC, or designee, will

immediately forward the Notice of § 3621(e) Date form to the CSD, Unit Team, and the DSCC.

(3) Change in Early Release Status, Ineligible to Eligible. If the DAPC is notified by the Unit

Team of a change in circumstance of an “ineligible” inmate (e.g., detainer dropped, court case

resolved, etc.), the DAPC, or designee, will:

• review the inmate’s case to determine if there are any other exclusionary criteria that would

maintain the inmate’s ineligibility for early release;

• immediately replace the SENTRY DRG assignment of INELIGIBLE to ELIGIBLE, if no

other exclusionary criteria exist; and

• forward a Notice of §3621(e) Date form to the CSD, the Unit Team, and the DSCC

requesting appropriate change to the § 3621(e) conditional release method date.

(4) RDAP Expel/Fail/Withdraw. If an early release eligible inmate is expelled or withdraws

from the RDAP (e.g., significant failure to meet treatment goals, significant program disruption,

receives an incident report for misconduct related to drugs, alcohol, and/or act(s) of violence), the

DAPC or designee will:

• complete Section III of the Change in RDAP and § 3621(e) Status form (BP-A0767);

• notify the inmate and send the Change in RDAP and § 3621(e) Status form electronically to

the CSD, the Unit Team and the DSCC team responsible for the inmate’s sentence

computation;

• replace the SENTRY assignment of participation with program failure for expulsion or

failure, as appropriate; and

• when appropriate, replace the SENTRY assignments from § 3621(e) eligible to ineligible.

If an early release eligible inmate is expelled from the program based on an incident report for

misconduct related to drugs, alcohol and/or act(s) of violence and is later found not guilty by the

DHO, the DAPC will conduct a meeting with all treatment staff to determine if the inmate, based

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on sound clinical practice and the good of the treatment community, is clinically appropriate to

be placed back into the program, and if so:

• reinstate the inmate into the program;

• replace the SENTRY assignment of failure due to expulsion with that of participation;

• replace the SENTRY assignment noting ineligible to eligible;

• complete and forward the Notice of § 3621(e) Date form to the CSD, the Unit Team, and the

DSCC team responsible for the inmate’s sentence computation requesting any appropriate

change to the § 3621 (e) conditional release method date; and

• notify the inmate.

(5) Follow-Up Treatment Complete. If an eligible inmate completes the required institutional

follow-up component of RDAP, upon return to general population, the DAPC, or designee, will:

• replace the SENTRY DRG assignment of follow-up participation with follow-up completion;

and

• review the inmate’s PDS notes and review SENTRY to ensure the inmate is still eligible for

the early release benefit.

(6) Failure/Withdrawal of Follow-Up Treatment. If an eligible inmate fails or withdraws

from the follow-up component of RDAP, the DAPC, or designee, will:

• complete Section III of the Change in RDAP and § 3621(e) Status form;

• send this form electronically to the Unit Team, the CSD, and the DSCC team responsible for

the inmate’s sentence computation;

• replace the SENTRY assignment for follow-up participation to the appropriate follow-up fail

assignment;

• replace the SENTRY assignment of DAP completion to DAP failure, final outcome; and

• replace the SENTRY assignment of eligible to ineligible for a § 3621(e) release.

(7) Completion of All RDAP Components in the Institution. If an eligible inmate has

completed all institution components of RDAP (i.e., the unit-based program and the follow-up

treatment program) and is later determined to require a change in his or her early release status

(e.g., detainer removed or lodged, found guilty by the DHO for misconduct, especially as related

to drugs, alcohol, and/or act(s) of violence), the Unit Team will notify the DAPC, via e-mail, of

the inmate’s change in status and the DAPC will then complete the Change in RDAP and § 3621

(e) Status form.

The DAPC (or designee) will review the inmate’s case to determine if the inmate is or is not

eligible for an early release. The DAPC will document the outcome of this review and sign and

forward the Change in RDAP and § 3621(e) Status form to the CSD, and the DSCC team

responsible for the inmate’s sentence computation.

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(8) Changes in Inmate Early Release Status. Any and all changes in an inmate’s early release

status will be documented in the Psychology Data System (PDS). If an inmate is removed from

the program, the circumstances for removal (e.g., expulsion, incomplete, withdrawal) are to be

documented as a Discharge Note in PDS.

(9) Unit Team Final § 3621(e) Review. Before a § 3621(e) eligible inmate is processed for

transfer to an RRC, the Unit Team will complete the Unit Team Final Review form (BP-A0766).

Ordinarily, this will occur 30 days before the inmate’s RRC transfer. This form ensures that all

criteria for early release have been met. In conjunction with this review the DAPC, or designee,

is to review SENTRY to determine if:

• the inmate has completed all components of the unit-based RDAP, in a unit set apart from the

general population for no less than nine months; and

• the inmate has completed the follow-up component of the RDAP.

b. The Unit Team. Typically, the Unit Team’s review of the inmate’s status will be in

conjunction with regularly scheduled program reviews, preparation of release paperwork, and

RRC referrals.

(1) Change in Early Release Eligibility Status/DAP WAIT QUAL or DAP PART. If an

eligible inmate’s early release eligibility status requires change (e.g., detainers removed/added,

noncompliance with FRP), the Unit Team will immediately notify the DAPC via e-mail.

(2) Change in Early Release Eligibility Status/RDAP Complete. If an eligible inmate has

completed all institution components of RDAP (i.e., the unit-based program and the follow-up

treatment program) and is later determined to require a change in his/her early release status (e.g.,

detainers removed/added, found guilty by the DHO for misconduct related to drugs, alcohol,

and/or act(s) of violence, noncompliance with FRP), the Unit Team will immediately notify the

DAPC via e-mail. The DAPC will:

• complete the Change in RDAP and § 3621(e) Status form;

• provide a copy of the Change in RDAP and § 3621(e) Status form to the inmate; and

• forward the Change in RDAP and § 3621(e) Status form to the Unit Team, the CSD, and the

DSCC team responsible for the inmate’s sentence computation.

(3) § 3621(e) Conditional Release. The Unit Team will use the Notice of § 3621(e) Date form

in preparing the RRC packet for the Warden’s approval. Upon approval, the RRC packet will be

forwarded to Community Corrections.

(4) Unit Team Final Review. Before an eligible inmate is processed for early release to an

RRC, the Unit Manager or designee will complete the Unit Team Final Review form. Ordinarily,

this will occur 30 days before RRC transfer or release. This review ensures that all criteria for

early release have been met. If any SENTRY codes have been replaced with fail or ineligible

codes, the inmate is not eligible for an early release.

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(5) RRC Incident Report. If a previously eligible inmate was returned from RRC placement

due to an incident report and that incident report is later expunged by the Discipline Hearing

Officer, the Unit Team will:

• notify the DAPC immediately and request the SENTRY failure assignment be replaced with

the completion assignment, and the SENTRY appropriate early release eligibility assignment

is entered; and

• complete the Notification of RRC Placement Date form (BP-A0628) and send it to the CSD

and the appropriate DSCC computation staff.

c. DSCC Computation Staff. Ordinarily, the DSCC’s role is to ensure the Sentence

Monitoring and Computation data for an inmate is appropriate and current at all times.

(1) Changes in Conditional Release Date. Any changes required in the computation of a

§ 3621(e) Conditional Release date will be made by DSCC upon receipt of one of the following

Forms:

• the Notice of § 3621(e) Date form;

• the Change in RDAP and § 3621(e) Status form; or

• the Notification of RRC Placement Date form.

The DSCC staff will make the appropriate computation changes within 15 working days.

(2) RRC Placement Date. When the inmate has been accepted for RRC placement, the

Notification of RRC Placement Date form will be sent to the appropriate DSCC computation

staff and the CSD by the Warden. Upon receipt of this form, the designated DSCC staff will

enter the § 3621E CCPS (complete community program) date into the inmate’s sentence

computation within 15 working days. DSCC staff will recalculate the sentence to show a release

date via RDAP early release pursuant to § 3621(e).

(3) Request to Delay, Remove or Reinstate Early Release. When notified by the Transitional

Drug Abuse Treatment Coordinator (T-DATC) via the Request to Delay, Remove or Reinstate

Early Release form (BP-A0768), the DSCC will recalculate the sentence computation within 15

working days of receipt of the form. The DSCC will enter a “/” in the § 3621E CCPS (complete

community program) date field, SENTRY will set the § 3621E REL date to “/”, and the inmate’s

projected satisfaction/release date will be set to his/her projected Statutory Release Date (SRD),

and the corresponding satisfaction/release method GCT REL.

d. TDAT and Community Corrections Staff. § 550.55(c)(3) If inmates cannot fulfill

their community-based treatment obligations by the presumptive release date, we

may adjust provisional release dates by the least amount of time necessary to

allow inmates to fulfill their treatment obligations. In practice, it is the T-DATC who

adjusts all provisional release dates.

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(1) Transitional Drug Abuse Treatment Coordinator. When an inmate is placed in

community-based treatment, the T-DATC monitors the inmate’s treatment. Therefore, all

recommendations for changes in an inmate’s early release date must be initiated by the T-DATC.

This includes delays or removal of early release for treatment related issues, escapes from the

RRC, RRC failures, disallowance of Good Conduct Time by the Discipline Hearing Officer, etc.

For example, if an inmate fails the RRC, the CCM will contact the T-DATC via GroupWise to

request a change in the inmate’s status.

Additional guidance on delaying and/or removing early release is contained in the Program

Statement on Community Transitional Drug Abuse Treatment.

(2) T-DATC Review. The T-DATC is responsible for reviewing all requests to delay or remove

an inmate’s early release date. Supporting documentation should be included in the review. The

T-DATC will approve or disapprove the request.

(3) Request to Delay, Remove or Reinstate Early Release. If the T-DATC decides to delay or

remove early release, he or she will complete the Request to Delay, Remove or Reinstate Early

Release form, scan the document, and submit it to the appropriate team at the DSCC. If the staff

at the DSCC have not calculated/assumed the related sentence computation, they will need to

contact the parent facility for an electronic version of the Judgment and Commitment file to carry

out the change in the release date.

(4) SENTRY Assignments. All SENTRY assignments should be updated by the TDAT and/or

community corrections staff as such changes occur. At no time should an inmate have a failure

SENTRY assignment while maintaining an early release date. This is to be monitored closely by

the TDAT, community corrections, and the DSCC.

(5) Reinstatement of § 3621(e) Date. If an inmate has received an incident report that is later

expunged by the DHO, the appropriate staff, T-DATC or DAPC, depending on the inmate’s

location, will complete the Change in RDAP and § 3621(e) Status form or the Request to Delay,

Remove or Reinstate Early Release form and immediately scan the form and send it to the DSCC

to reinstate the inmate’s early release. Once the inmate begins TDAT, the T-DATC will decide if

the inmate’s provisional early release date will be delayed. Delays of an early release date will

allow the inmate to complete TDAT.

(6) Redesignation. If it is determined that the inmate must be redesignated, the CCM will

review the case and submit a redesignation request to the DSCC.