BOP Program Statement 5331.02 § 4

This section lists the criteria that renders an inmate eligible for § 3621(e) Conditional Release

status.

(a) Eligibility. Inmates may be eligible for early release by a period not to exceed

twelve months if they:

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(1) have a diagnosis for a substance use disorder. The inmate must have a substantiated

diagnosis for a substance use disorder.

(2) § 550.55(a)(1) Were sentenced to a term of imprisonment under either:

(i) 18 U.S.C. Chapter 227, Subchapter D for a nonviolent offense; or, i.e., an inmate

who committed a federal offense on or after November 1, 1987, after the effective date of the

Sentencing Reform Act of 1987, also known as “new law.”

“Old law” inmates who are Parole Eligible, may, at the U.S. Parole Commission’s (USPC)

discretion, be considered for an advanced release date through an award of Superior Program

Achievement (SPA).

(ii) D.C. Code § 24-403.01 for a nonviolent offense, meaning an offense other than

those included within the definition of “crime of violence” in D.C. Code § 23-

1331(4); and (Section 24-403.01 pertains to inmates whose offenses were committed on or

after August 5, 2000);

(3) § 550.55(a)(2) Successfully complete a RDAP, as described in § 550.53, during

their current commitment. Successful completion means:

(a) completion of the unit-based RDAP in the institution;

(b) when applicable, participation in follow-up treatment while in general population for 12

months or until release, whichever comes first; and

(c) completion of community Transition Drug Abuse Treatment (TDAT) while residing in a

Residential Reentry Center (RRC) or on home confinement; and

(4) are Financial Responsibility Program (FRP) compliant. See 28 CFR § 545.10.

5.§ 550.55(b) INMATES NOT ELIGIBLE FOR EARLY RELEASE.

As an exercise of the Director’s discretion, the following categories of inmates

are not eligible for early release:

(1) ) Immigration and Customs Enforcement detainees;

(2) Pretrial inmates;

(3) Contractual boarders (for example, State or military inmates);

(4) Inmates who have a prior felony or misdemeanor conviction for:

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(i) Homicide (including deaths caused by recklessness, but not including deaths

caused by negligence or justifiable homicide);

(ii) Forcible rape;

(iii) Robbery;

(iv) Aggravated assault;

(v) Arson;

(vi) Kidnaping; or

(vii) An offense that by its nature or conduct involves sexual abuse offenses

committed upon minors;

(5) Inmates who have a current felony conviction for:

(i) An offense that has as an element, the actual, attempted, or threatened use of

physical force against the person or property of another;

(ii) An offense that involved the carrying, possession, or use of a firearm or other

dangerous weapon or explosives (including any explosive material or explosive

device);

(iii) An offense that, by its nature or conduct, presents a serious potential risk of

physical force against the person or property of another; or

(iv) An offense that, by its nature or conduct, involves sexual abuse offenses

committed upon minors;

(6) ) Inmates who have been convicted of an attempt, conspiracy, or other

offense which involved an underlying offense listed in paragraph (b)(4) and/or

(b)(5) of this section; or

(7) Inmates who previously received an early release under 18 U.S.C. § 3621(e).