BOP Program Statement 5331.02 § 8

The DAP staff (initial review) and DSCC legal staff (offense review) play key roles in

identifying and documenting an inmate’s eligibility for early release.

b. Drug Abuse Program Staff, Initial Review. If the Drug Abuse Program Coordinator

(DAPC) determines the inmate is qualified for participation in the RDAP, he or she will review

SENTRY to determine if the inmate:

• has received a prior early release under § 3621(e);

• is a contract boarder (e.g., a state or military inmate);

• is a pretrial offender;

• has a detainer that will prohibit completion of the community treatment component of the

RDAP;

• committed his/her federal offense before November 1, 1987; or

• committed his/her D.C. offense before August 5, 2000.

If the DAPC determines the inmate meets any of the above conditions, the inmate is NOT

ELIGIBLE for a § 3621(e) early release and no further review is required. The DAPC will then

meet with the inmate to notify him or her of his or her ineligibility for an early release. The

DAPC will also:

• have the inmate sign the Notice of RDAP Qualification form (BP-A0941).

• forward the Notice of RDAP Qualification form to the Unit Team for placement in the

inmate’s Central File; and

• enter the appropriate early release eligibility assignment into SENTRY.

Note: The DAPC can notify the inmate of his/her early release ineligibility and have the inmate

sign the Notice of RDAP Qualification form at the same time.

If the inmate is not excluded from eligibility upon the DAPC’s initial review, the inmate will

require a § 3621(e) offense review by the DSCC legal staff. The DAPC or designee will submit

(via GroupWise) a Request for § 3621(e) Offense Review form in a timely manner.

The DAPC or designee will also forward an electronic copy of the Judgment and Commitment

Order (J&C) and the Presentence Investigation Report (PSR) if the DSCC does not already have

P5331.02 3/16/2009 Federal Regulations: bold type. Implementing instructions: regular type. Page 5

one. To determine whether the DSCC has a copy of an inmate’s J&C file (which includes the

PSR), the DAPC or designee will check the sentence computation data function in SENTRY. If

the “DSC” last updated the computation, the DSCC has a copy of the J&C file, and there is no

need to send a copy of the same with the Request for § 3621(e) Offense Review form. However,

if an institution last updated the computation, the DSCC does not have a copy of the J&C file. In

those cases, the DAPC or designee will send a scanned copy of the J&C file with the Request for

§ 3621(e) Offense Review form. The DAPC will place the inmate’s name and register number in

the subject line of the email to DSCC legal staff.

Designation and Sentence Computation Center, Offense Review. Upon receipt of the Request

for § 3621(e) Offense Review form and the J&C file, the DSCC legal staff will ordinarily have 30

working days to determine an inmate’s early release eligibility status based on a review of the

inmate’s current offense and prior convictions. The DSCC legal staff will review current and

prior offenses for both U.S. Code and D.C. Code felony offenders. For current U.S. Code

offenses, DSCC legal staff will refer to the Program Statement Categorization of Offenses to

determine whether an offense precludes early release under § 3621(e). For current D.C. Code

offenses, DSCC legal staff will refer to D.C. Code § 23-1331(4).

After completing the offense review, a legal staff member will complete and sign the

Request for § 3621(e) Offense Review form. Signature authority may not be delegated below the

attorney level.

Designated DSCC legal staff, upon completion of the review, will notify the DAPC of the result

of the review by forwarding the signed Request for § 3621(e) Offense Review form.