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Psychology Treatment Programs (RDAP)

PS 5330.11 (3/16/2009, with Change Notice CN-1 dated 4/25/2016) · Official PDF on bop.gov →

The residential drug program, the one that can take up to a year off for eligible people. Also the one consultants "coach" people into by inventing a substance history, which is fraud, and which people have been prosecuted for. If you genuinely qualify, the documentation requirements are in here. If you don't, no coaching fixes that; it just adds a charge.

Three things worth knowing before you read. There are three separate drug programs, not one, and only the residential one carries the year. Getting into RDAP and getting the year off are two different determinations under two different policies; this one covers admission, and the early-release criteria live in PS 5331.02, which isn't annotated here. And the document below is the 2009 policy with the 2016 change notice stacked on front, so the first two excerpts restate sections that appear again, differently worded, further down.

The excerpts run in document order: what the three programs are, what disqualifies you, what documentation actually counts, and the four or five places the year quietly disappears after you've already done the work. If your person gets expelled over a shot, the disciplinary hearing is where it's decided, and the grievance system is the only appeal.

CHANGE NOTICE CN-1 (4/25/2016): § 550.50 PURPOSE AND SCOPE (EXCERPT)

The purpose of this subpart is to describe the Bureau's drug abuse treatment programs for the inmate population, to include drug abuse education, non-residential drug abuse treatment services, and residential drug abuse treatment programs (RDAP). These services are provided by Psychology Services department.

CHANGE NOTICE CN-1 (4/25/2016): § 550.53 RESIDENTIAL DRUG ABUSE TREATMENT PROGRAM (RDAP) (EXCERPT)

(1) Unit-based component. Inmates must complete a course of activities provided by the Psychology Services Department in a treatment unit set apart from the general prison population. This component must last at least six months.

(3) Community Treatment Services (CTS). Inmates who have completed the unit-based program and (when appropriate) the follow-up treatment and transferred to a community-based program must complete CTS to have successfully completed RDAP and receive incentives [i.e., early release under 18 U.S.C. § 3621(e), if applicable]. The Warden, on the basis of his or her discretion, may find an inmate ineligible for participation in a community-based program; therefore, the inmate cannot complete RDAP.

REFERENCES (EXCERPT)

Program Statements

P1070.07 Research (5/12/99)

P1351.05 Release of Information (9/9/02)

P5100.08 Inmate Security Designation and Custody Classification (9/12/06)

P5331.02 Early Release Procedures Under 18 U.S.C. § 3621(e) (3/16/09)

P5380.08 Financial Responsibility Program, Inmate (8/15/05)

SECTION 1.3: CBT TREATMENT PROTOCOLS (EXCERPT)

While self-help programs such as Alcoholics Anonymous (AA), Narcotics Anonymous (NA), and Rational Recovery (RR) may be offered as part of an institution's drug abuse program effort, they are most often associated with non-residential (NR) treatment. While such programs are often powerful and important interventions in an inmate's recovery, they do not substitute for NR or residential treatment hours. They are considered a support to the Bureau's treatment protocols.

SECTION 1.6.1: ADMINISTRATIVE ELEMENTS (EXCERPT)

b. Rules and Consequences. Treatment staff must establish clear, unambiguous rules and consequences for breaking the rules. Staff must ensure that inmates are aware of what they are agreeing to on the Agreement to Participate. For example, inmates are reminded that immediate expulsion will likely occur (and is mandatory in the Residential Drug Abuse Program) if the DHO finds that they have committed a prohibited act involving: Alcohol or substances. Violence or threats of violence. Escape or attempted escape. Any 100-level series incident.

Furthermore, an inmate is reviewed for immediate expulsion if he/she has been found to break confidentiality or his/her behavior is of such magnitude that his/her continued presence in programming would create an immediate and ongoing disruption for staff or other inmates.

SECTION 2.3.2: TARGET POPULATION, § 550.51(b) COURSE PLACEMENT (EXCERPT)

(1) Inmates will get primary consideration for course placement if they were sentenced or returned to custody as a violator after September 30, 1991, when unit and/or drug abuse treatment staff determine, through interviews and file review that:

(i) There is evidence that alcohol or other drug use contributed to the commission of the offense;

(ii) Alcohol or other drug use was a reason for violation either of supervised release (including parole) or Bureau community status; that is, RRC placement for which the inmate is now incarcerated;

(iii) There was a recommendation (or evaluation) for drug programming during incarceration by the sentencing judge; or

(iv) There is evidence of a history of alcohol or other drug use. For example, the inmate's history of alcohol and/or drug use within the past 5 years is emphasized in the Presentence Investigation Report (PSR).

SECTION 2.3.6: DRUG ABUSE EDUCATION OPERATION, § 550.51(d) COMPLETION (EXCERPT)

d. Completion. § 550.51(d). To complete the drug abuse education course, inmates must attend and participate during course sessions and pass a final course exam. Inmates will ordinarily have at least three chances to pass the final course exam before they lose privileges or the effects of non-participation occur (see paragraph (e) of this section). Completion of the DRUG ED course requires attendance of 12 to 15 hours, participation during sessions and successfully completing the course with 70% correct answers on the test. DRUG ED completions must be entered into SENTRY.

§ 550.51(e) EFFECTS OF NON-PARTICIPATION (EXCERPT)

(1) If inmates considered for placement under paragraph (b)(1) of this section refuse participation, withdraw, are expelled, or otherwise fail to meet attendance and examination requirements, such inmates:

(i) Are not eligible for performance pay above maintenance pay level, or for bonus pay, or vacation pay; and (ii) Are not eligible for a Federal Prison Industries work program assignment (unless the Warden makes an exception on the basis of work program labor needs).

(2) The Warden may make exceptions to the provisions of this section for good cause.

SECTION 2.5.1: TARGET POPULATION, § 550.53(a) RDAP (EXCERPT)

2.5.1. Target Population. The RDAP targets the inmate who volunteers for treatment and has a diagnosable and verifiable substance use disorder, and is able to participate in the entire RDAP.

(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. To ensure the Bureau provides evidence based treatment in its drug abuse treatment programs, the RDAP is a minimum of 500 hours. The RDAP has a duration of 9 to 12 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.

a. (1) Inmates must have a verifiable substance use disorder. b. (2) Inmates must sign an agreement acknowledging program responsibility. c. (3) When beginning the program, the inmate must be able to complete all three components described in paragraph (a) of this section. This includes the critical RRC or home confinement transfer to participate in the TDAT.

Example 1: A deportable inmate is unqualified for the RDAP because he or she cannot participate in the transitional drug abuse treatment component because he or she is not eligible for RRC placement. The NR DAP program is available for these unqualified inmates.

d. Ordinarily, have 24 months or more remaining on their sentence.

SECTION 2.5.5: REFERRAL AND REDESIGNATION (EXCERPT)

Institution DAP Coordinators and Regional Psychology Program Coordinators will monitor waiting lists to ensure inmates are transferred for RDAP with sufficient time to complete the entire RDAP program before their release from Bureau custody, ordinarily at 24 months.

Inmates are to be informed that they may be transferred to any suitable Bureau RDAP based on their release date. This notification is included in the Agreement to Participate for the RDAP.

SECTION 2.5.8: RDAP PROGRAM ADMISSION, § 550.53(c) APPLICATION (EXCERPT)

2.5.8. RDAP Program Admission. § 550.53(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).

Inmates may also apply for the program by submitting an Inmate Request to Staff form to the DAPC.

SECTION 2.5.8: SCREENING AND COLLATERAL DOCUMENTATION (EXCERPT)

When seeking independent verification, examples of other collateral documentation that may be used include:

Documentation to support a substance use disorder within the 12-month period before the inmate's arrest on his or her current offense.

Documentation from a probation officer, parole officer, social service professional, etc., who has information that verifies the inmate's problem with substance(s) within the 12-month period before the inmate's arrest on his or her current offense.

Documentation from a substance abuse treatment provider or medical provider who diagnosed and treated the inmate for a substance abuse disorder within the 12-month period before the inmate's arrest on his or her current offense.

Multiple convictions (two or more) for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) in the 5 years prior to his or her most recent arrest.

NOTE: Recreational, social, or occasional use of alcohol and/or other drugs that does not rise to the level of excessive or abusive drinking does not provide the required verification of a substance use disorder. Any verifying documentation of alcohol or other drug use must indicate problematic use; i.e., consistent with the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Health Disorders (DSM) criteria.

SECTION 2.5.8: NO VERIFYING DOCUMENTATION (EXCERPT)

As there is no substantiating documentation for a substance use diagnosis, you have the following options:

1. You may volunteer for the non-residential drug abuse program.

2. You may seek documentation from a substance abuse treatment provider where you previously received treatment. This document must have been written at the time services were provided and must demonstrate that a substance use diagnosis was completed at the time you were seen, and that treatment was provided for that documented substance abuse diagnosis.

For example, the documentation may not state that the substance abuse treatment provider thought you had an alcohol or other drug problem when he or she saw you for a medical or psychological problem. Documentation must be sent to, and received by, the drug abuse treatment staff in the institution. It is not to be sent to you for you to provide to the drug abuse treatment staff. If the documentation is acceptable, you will be referred to the DAPC for a diagnostic interview.

SECTION 2.5.9: THE CLINICAL INTERVIEW, § 550.53(e) PLACEMENT IN RDAP (EXCERPT)

§ 550.53(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.

If verifying documentation is found or produced, and only then, inmates who volunteer for the RDAP will be personally interviewed by the DAPC. Interviews will be conducted based on the inmate's proximity to release, ordinarily no less than 24 months from release.

On the basis of the clinical interview, the DAPC may conclude that the inmate either does or does not have a diagnosis of a substance use disorder. In some instances, the DAPC may find the inmate does not have a diagnosis, even if there is substantiating documentation.

Note: Inmates with a diagnosis of a substance use disorder are qualified for the RDAP whether or not they are eligible for the early release incentive.

SECTION 2.5.14: RE-APPLICATION TO THE RDAP (EXCERPT)

2.5.14. Re-application to the RDAP. An inmate who previously declined, withdrew, or failed RDAP may reapply for readmission to the program after 90 days through an Inmate Request to Staff form to the DAPC. The treatment team, in consultation when appropriate with the unit team, will decide on readmission. Considerations may include the inmate's participation in the NR DAP program or DRUG ED, at the discretion of the DAPC. The DAPC will provide the treatment team's decision to the inmate in person and in writing. If readmitted to the same or to a different RDAP, the inmate will not receive any credit for prior treatment participation.

SECTION 2.5.15: PROGRAM ACHIEVEMENT AWARDS, § 550.54 INCENTIVES (EXCERPT)

(b) An inmate must meet his/her financial program responsibility obligations (see 28 CFR part 545) and GED responsibilities (see 28 CFR part 544) before being able to receive an incentive for his/her RDAP participation.

(c) If an inmate withdraws from or is otherwise removed from RDAP, that inmate may lose incentives he/she previously achieved.

SECTION 2.5.15: RESIDENTIAL RE-ENTRY CENTER (RRC) PLACEMENT (EXCERPT)

Residential Re-entry Center (RRC) Placement. Consideration may be given for up to the maximum period of placement in an RRC to include home confinement. The RRC placement allows for the completion of the Community TDAT component of RDAP. Program completion in the community is a critical component of the RDAP.

On occasion, administrative factors (e.g., bedspace limitations at a RRC) or community safety concerns (e.g., exclusionary criteria) occur that require consideration for RRC placement of less than the recommended maximum days. When this occurs, the goal for both the Warden and CCM is to seek possible placement for the maximum period without negatively impacting bedspace limitations in contract facilities or jeopardizing community safety.

Bureau experience and drug abuse treatment research demonstrate that successful community treatment cannot be completed in less than 120 days. Therefore, inmates who are approved for less than a 120-day RRC placement or home confinement cannot ordinarily complete the final component of the RDAP, and are, therefore, ineligible for early release. For inmates who would otherwise be eligible for early release, but who are approved for less than a 120-day RRC placement, the appropriate SENTRY assignment must be changed from ELIGIBLE to INELIGIBLE.

SECTION 2.6: FOLLOW-UP TREATMENT (EXCERPT)

2.6.1. Follow-up to the RDAP: Target Population. This is the second component of the RDAP. Treatment continues for inmates who complete the unit-based component of the RDAP and return to general population. An inmate must remain in Follow-Up Treatment (FOL PART) for 12 months or until he/she is transferred to a RRC.

2.6.3. Follow-up Treatment Refuse or Failure. Any RDAP participant who refuses to participate in follow-up treatment is an RDAP failure and is disqualified from receiving additional achievement awards, (e.g. early release). His or her failure may result in the inmate's re-designation. The primary DTS is responsible for entering the appropriate SENTRY assignment and entering the discharge note into PDS.

CHAPTER 6: MENTAL HEALTH TREATMENT PROGRAMS, SECTION 6.1.3 STAFFING (EXCERPT)

Staffing complements for Mental Health Treatment Programs are established by Executive Staff at the time of program implementation. The staffing complements for current programs are listed below:

The Habilitation Program has a capacity of 16 inmates and is staffed by a psychologist. The Skills Program has a capacity of 44 inmates and is staffed by a psychologist, a Treatment Specialist, and a teacher. The Axis II Program has a capacity of 48 inmates and is staffed by a psychologist, two Treatment Specialists, and a correctional counselor. The female Step-Down Unit has a capacity of 72 and is staffed by a psychologist. The male Step-Down Unit has a capacity of 84 and is staffed by a psychologist, a social worker, and a half-time psychologist.

Source: PS 5330.11 (3/16/2009), bop.gov/policy/progstat/5330.11-cn1.pdf. U.S. government work, public domain. Excerpts only; the official PDF controls.

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