(a) RDAP. To successfully complete the RDAP, inmates must complete each of the following components:
(1) Unit-based component. Inmates must complete a course of activities provided by drug abuse treatment specialists and the Drug Abuse Program Coordinator in a treatment unit set apart from the general prison population. This component must last at least six months.
(2) Follow-up services. If time allows between completion of the unit-based component of the RDAP and transfer to a community-based program, inmates must participate in the follow-up services to the unit-based component of the RDAP.
(3) Transitional drug abuse treatment (TDAT) component. Inmates who have completed the unit-based program and (when appropriate) the follow-up treatment and are transferred to community confinement must successfully complete community-based drug abuse treatment in a community-based program to have successfully completed RDAP. The Warden, on the basis of his or her discretion, may find an inmate ineligible for participation in a community-based program.
(b) Admission criteria. Inmates must meet all of the following criteria to be admitted into RDAP.
(1) Inmates must have a verifiable substance use disorder.
(2) Inmates must sign an agreement acknowledging program responsibility.
(3) When beginning the program, the inmate must be able to complete all three components described in paragraph (a) of this section.
(c) Application to RDAP. Inmates may apply for the RDAP by submitting requests to a staff member (ordinarily, a member of the unit team or the Drug Abuse Program Coordinator).
(d) Referral to RDAP. Inmates will be identified for referral and evaluation for RDAP by unit or drug treatment staff.
(e) Placement in RDAP. The Drug Abuse Program Coordinator decides whether to place inmates in RDAP based on the criteria set forth in paragraph (b) of this section.
(f) Completing the unit-based component of RDAP. To complete the unit-based component of RDAP, inmates must:
(1) Have satisfactory attendance and participation in all RDAP activities; and
(2) Pass each RDAP testing procedure. Ordinarily, we will allow inmates who fail any RDAP exam to retest one time.
(g) Expulsion from RDAP.(1) Inmates may be removed from the program by the Drug Abuse Program Coordinator because of disruptive behavior related to the program or unsatisfactory progress in treatment.
(2) Ordinarily, inmates must be given at least one formal warning before removal from RDAP. A formal warning is not necessary when the documented lack of compliance with program standards is of such magnitude that an inmate's continued presence would create an immediate and ongoing problem for staff and other inmates.
(3) Inmates will be removed from RDAP immediately if the Discipline Hearing Officer (DHO) finds that they have committed a prohibited act involving:
(i) Alcohol or drugs;
(ii) Violence or threats of violence;
(iii) Escape or attempted escape; or
(iv) Any 100-level series incident.
(4) We may return an inmate who withdraws or is removed from RDAP to his/her prior institution (if we had transferred the inmate specifically to participate in RDAP).
(h) Effects of non-participation.(1) If inmates refuse to participate in RDAP, withdraw, or are otherwise removed, they are not eligible for:
(i) A furlough (other than possibly an emergency furlough);
(ii) Performance pay above maintenance pay level, bonus pay, or vacation pay; and/or
(iii) A Federal Prison Industries work program assignment (unless the Warden makes an exception on the basis of work program labor needs).
(2) Refusal, withdrawal, and/or expulsion will be a factor to consider in determining length of community confinement.
(3) Where applicable, staff will notify the United States Parole Commission of inmates' needs for treatment and any failure to participate in the RDAP.
Title 28 published on 2012-07-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.