This my math so far. I will get 15% off of my 30 month sentence for good time. And i already have 1 month of time served. That takes me down to 25 months give or take. I would like to participate in the RDAP program while inside. Hopefully i could get 6 months off for that. So then i`m down to 19 months. Correct me if i`m wrong, but my offense is non violent so i will get out 6 months early, And be sent to a halfway house? At that point i would be down to 13 months. Do you think this is possible? Or am i at least gonna have to do 20 months of my 30 month sentence?
Federal Crime Lawyer
You are entitled to 54 days off per year. On 30 months (2.5 years), you would get 135 days off. You will get credit for the month you already served. If you get into RDAP, you can get additional time off. Note, however, that this will reduce your good time--in other words, you will not get good time for time you don't do. If you get 6 months taken off your sentence for RDAP, you will lose 6 months worth or 27 days of good time. If you complete RDAP you will be eligible for more half way house time as you noted. Typically, you would only be eligible for 10% of your sentence--3 months. Without RDAP, it would be 30-135 days (4.5 months)-1 month served-3 months halfway house = 21.5. With RDAP, you could end up with additional time off and halfway house time. Good luck.
This answer is provided for educational purposes only and is not intended as the practice of law in any jurisdiction in which I am not licensed. The answer does not constitute legal advice nor does it create an attorney-client relationship. The answer is based only on the information provided, and may be inaccurate in the context of additional facts that have not been provided. The questioner should be aware that I am only licensed to practice law in the state and federal courts of Minnesota. Accordingly, before taking any action or refraining from taking any action, the questioner should consult with an attorney licensed to practice in his or her jurisdiction.
Your sentence will be reduced by 54 days per year, after the successful completion of each year, for "good conduct time" pursuant to 18 USC Section 3624(b). Although 54 days per year equals a 15% reduction, and such is the percentage that the Bureau of Prisons states that you will receive, the actual reduction will be approximately 47 days per year, or 13%, based on BOP's interpretation of "official detention:" good conduct time credits will be awarded based on the actual time to be served, not the total sentence. You will receive a 6 month reduction for the successful completion of RDAP, and an additional 6 months of community confinement immediately prior to your supervised release's beginning (you are eligible for up to 12 months of community confinement, but such is rarely granted).
Joshua Sabert Lowther, Esq.
NATIONAL FEDERAL DEFENSE GROUP
Here is a link to the statute: http://www.law.cornell.edu/uscode/text/18/3624.
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