How do I obtain a sentence modification in Michigan?
Full Question:
Answer:
The RDAP is a program through which certain federal inmates receive various incentives for involvement in drug abuse treatment programs. 28 C.F.R. §550.57. The Bureau of Prisons (BOP) has discretion to allow an inmate a sentence reduction of up to one year if the inmate was convicted of a nonviolent offense and has successfully completed a substance abuse treatment program. 18 U.S.C. §3621(e)(2)(B).
18 U.S.C. §3621(e) states the following:
(e) Substance Abuse Treatment
(1) Phase-in — In order to carry out the requirement of the last
sentence of subsection (b) of this section, that every prisoner with a
substance abuse problem have the opportunity to participate in appropriate
substance abuse treatment, the Bureau of Prisons shall, subject to the
availability of appropriations, provide residential substance abuse
treatment (and make arrangements for appropriate aftercare)—
(A) for not less than 50 percent of eligible prisoners by the end of
fiscal year 1995, with priority for such treatment accorded based on an
eligible prisoner's proximity to release date;
(B) for not less than 75 percent of eligible prisoners by the end of
fiscal year 1996, with priority for such treatment accorded based on an
eligible prisoner's proximity to release date; and
(C) for all eligible prisoners by the end of fiscal year 1997 and
thereafter, with priority for such treatment accorded based on an eligible
prisoner's proximity to release date.
(2) Incentive for prisoners' successful completion of treatment program
(A) Generally — Any prisoner who, in the judgment of the Director of
the Bureau of Prisons, has successfully completed a program of residential
substance abuse treatment provided under paragraph (1) of this subsection,
shall remain in the custody of the Bureau under such conditions as the
Bureau deems appropriate. If the conditions of confinement are different
from those the prisoner would have experienced absent the successful
completion of the treatment, the Bureau shall periodically test the
prisoner for substance abuse and discontinue such conditions on
determining that substance abuse has recurred.
(B) Period of custody — The period a prisoner convicted of a nonviolent
offense remains in custody after successfully completing a treatment
program may be reduced by the Bureau of Prisons, but such reduction may
not be more than one year from the term the prisoner must otherwise serve.
(3) Report — The Bureau of Prisons shall transmit to the Committees on
the Judiciary of the Senate and the House of Representatives on January 1,
1995, and on January 1 of each year thereafter, a report. Such report
shall contain —
(A) a detailed quantitative and qualitative description of each
substance abuse treatment program, residential or not, operated by the
Bureau;
(B) a full explanation of how eligibility for such programs is
determined, with complete information on what proportion of prisoners with
substance abuse problems are eligible; and
(C) a complete statement of to what extent the Bureau has achieved
compliance with the requirements of this title.
(4) Authorization of appropriations — There are authorized to carry out
this subsection such sums as may be necessary for each of fiscal years
2007 through 2011.
(5) Definitions — As used in this subsection —
(A) the term "residential substance abuse treatment" means a course of
individual and group activities and treatment, lasting at least 6 months,
in residential treatment facilities set apart from the general prison
population (which may include the use of pharmocotherapies[fn1], where
appropriate, that may extend beyond the 6-month period);
[fn1] So in original. Probably should be "pharmacotherapies".
(B) the term "eligible prisoner" means a prisoner who is —
(i) determined by the Bureau of Prisons to have a substance abuse
problem; and
(ii) willing to participate in a residential substance abuse treatment
program; and
(C) the term "aftercare" means placement, case management and
monitoring of the participant in a community-based substance abuse
treatment program when the participant leaves the custody of the Bureau of
Prisons.
(6) Coordination of federal assistance — The Bureau of Prisons shall
consult with the Department of Health and Human Services concerning
substance abuse treatment and related services and the incorporation of
applicable components of existing comprehensive approaches including
relapse prevention and aftercare services.
If a prisoner does not qualify for the RDAP program, he/she may petition the court to modify the sentence imposed. The judge will have the discretion to make a modification if he/she determines that extraordinary and compelling reasons warrant such a reduction.
Please see federal statute, 18 U.S.C. § 3582(b) and (c) below.
Imposition of a sentence of imprisonment
(a) Factors To Be Considered in Imposing a Term of Imprisonment — The
court, in determining whether to impose a term of imprisonment, and, if a
term of imprisonment is to be imposed, in determining the length of the
term, shall consider the factors set forth in section 3553(a) to the
extent that they are applicable, recognizing that imprisonment is not an
appropriate means of promoting correction and rehabilitation. In
determining whether to make a recommendation concerning the type of prison
facility appropriate for the defendant, the court shall consider any
pertinent policy statements issued by the Sentencing Commission pursuant
to 28 U.S.C. 994(a)(2).
(b) Effect of Finality of Judgment — Notwithstanding the fact that a
sentence to imprisonment can subsequently be —
(1) modified pursuant to the provisions of subsection (c);
(2) corrected pursuant to the provisions of rule 35 of the Federal
Rules of Criminal Procedure and section 3742; or
(3) appealed and modified, if outside the guideline range, pursuant to
the provisions of section 3742;
a judgment of conviction that includes such a sentence constitutes a final
judgment for all other purposes.
(c) Modification of an Imposed Term of Imprisonment — The court may not
modify a term of imprisonment once it has been imposed except that —
(1) in any case —
(A) the court, upon motion of the Director of the Bureau of Prisons,
may reduce the term of imprisonment (and may impose a term of probation or
supervised release with or without conditions that does not exceed the
unserved portion of the original term of imprisonment), after considering
the factors set forth in section 3553(a) to the extent that they are
applicable, if it finds that —
(i) extraordinary and compelling reasons warrant such a reduction; or
(ii) the defendant is at least 70 years of age, has served at least 30
years in prison, pursuant to a sentence imposed under section 3559(c), for
the offense or offenses for which the defendant is currently imprisoned,
and a determination has been made by the Director of the Bureau of Prisons
that the defendant is not a danger to the safety of any other person or
the community, as provided under section 3142(g);
and that such a reduction is consistent with applicable policy statements
issued by the Sentencing Commission; and
(B) the court may modify an imposed term of imprisonment to the extent
otherwise expressly permitted by statute or by Rule 35 of the Federal
Rules of Criminal Procedure; and
(2) in the case of a defendant who has been sentenced to a term of
imprisonment based on a sentencing range that has subsequently been
lowered by the Sentencing Commission pursuant to 28 U.S.C. 994(o), upon
motion of the defendant or the Director of the Bureau of Prisons, or on
its own motion, the court may reduce the term of imprisonment, after
considering the factors set forth in section 3553(a) to the extent that
they are applicable, if such a reduction is consistent with applicable
policy statements issued by the Sentencing Commission.
(d) Inclusion of an Order To Limit Criminal Association of Organized
Crime and Drug Offenders — The court, in imposing a sentence to a term of
imprisonment upon a defendant convicted of a felony set forth in chapter
95 (racketeering) or 96 (racketeer influenced and corrupt organizations)
of this title or in the Comprehensive Drug Abuse Prevention and Control
Act of 1970 (21 U.S.C. 801 et seq.), or at any time thereafter upon motion
by the Director of the Bureau of Prisons or a United States attorney, may
include as a part of the sentence an order that requires that the
defendant not associate or communicate with a specified person, other than
his attorney, upon a showing of probable cause to believe that association
or communication with such person is for the purpose of enabling the
defendant to control, manage, direct, finance, or otherwise participate in
an illegal enterprise.
( Added Pub.L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984,
98 Stat. 1998; amended Pub.L. 100-690, title VII, Sec. 7107, Nov. 18,
1988, 102 Stat. 4418; Pub.L. 101-647, title XXXV, Sec. 3588, Nov. 29,
1990, 104 Stat. 4930; Pub.L. 103-322, title VII, Sec. 70002, Sept. 13,
1994, 108 Stat. 1984; Pub.L. 104-294, title VI, Sec. 604(b)(3), Oct. 11,
1996, 110 Stat. 3506; Pub.L. 107-273, div. B, title III, Sec. 3006, Nov.
2, 2002, 116 Stat. 1806. )
