Sentenced to 4 months federal prison how much time will I have to serve? All or 85 percent?2/13/2013 Answer: You're going to have to do all of it. Only sentences that exceed 12 months benefit from the 85% time rule. It's strange, I know, but it means that a sentence of 12 months and 1 day is shorter in practice than a sentence of 12 months!
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Answer: You may still be eligible for RDAP even though it was not recommended in your PSR. However, only some people are eligible for the program. The requirements are that the inmate:
1. have a documented pattern of substance abuse in the 12 months prior to arrest for which he/she is serving his/her current sentence; 2. be able to complete all three phases of RDAP, including community transition drug abuse treatment; and 3. be diagnosed by the Drug Abuse Program Psychologist as having a drug use disorder as defined by the American Psychiatric Association's Diagnostic and Statistical Manual (DSM). You should contact your counselor to ask how to request that you be allowed to participate in the program. If you qualify and you have no detainers and you are not convicted of a violent crime this program can help you to get early release. Even without this program you can earn good time credits of up to 54 days per year in federal jail (when the sentence is more than one year, as it is in your case), so you will still only have to do about 85% of the 30 months. |
AuthorSteven Brody is an experienced Los Angeles Federal Defense Attorney . Please send your question to [email protected]. Archives
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