Hardly a week passes without someone getting sentenced to prison—usually to more time than they expected. They walk out of the courthouse, stunned, and do what most people would do: they go to Google and type how to get out of prison early.
That’s often how they find me.
And then comes the part that’s hard to listen to, because it’s so avoidable: during the first call, they’re still reliving how unfair everything felt, how the system treated them, how the prosecutor “overcharged,” how the judge “didn’t get it.” But when I start asking basic questions about what they told probation, what they disclosed about substance use, what documentation exists, and what their lawyer asked for at sentencing… the answers are all over the place.
And that’s when the second punch lands: because of what they didn’t do earlier—because they didn’t disclose, didn’t document, didn’t ask for the right recommendation—they may now be blocked from a path that could have helped them personally and shortened time inside.
That’s what I want to prevent.
I served one year in federal prison 17 years ago. While I was inside, I met my mentor—my now partner, Michael Santos—who served a quarter century. Between us, we’ve watched thousands of people move through this system. The pattern is predictable: the people who do best don’t “hope” their way into Federal Prison Early Release. They build their way into it.
And yes—Federal Prison Early Release often starts before sentencing.
The regret I hear over and over
Here’s the sentence I hear all the time, usually delivered with a long exhale:
“I wish I found you a year ago.”
They say it because they’re just now learning how much the probation interview matters. They’re just now learning what it means to be eligible for certain programming. They’re just now learning that the paper trail they created (or failed to create) can follow them into the Bureau of Prisons and influence what happens next.
If you’re reading this before sentencing, I’m telling you straight: don’t wait until after the judge says “remanded” or gives you a surrender date to think about Federal Prison Early Release.
If you’re reading this after sentencing, you can still take action—but I’m going to be honest about where you’re the strongest: it’s strongest when probation is writing their report, and the judge is still listening.
Federal Prison Early Release and the probation interview
Let’s talk about the probation interview, because this is where people quietly step on a landmine.
Probation isn’t just “checking boxes.” Probation is building the narrative that will influence the judge, and later, it’s one of the documents the Bureau of Prisons may rely on when deciding your options.
If you have a history of substance abuse or heavy alcohol use, you need to talk about it openly and clearly. Not defensively. Not with excuses. Just honestly:
- What you used
- How long it went on
- What it cost you
- What happens when you try to stop
- What you’ve done about it so far
Why does this matter? Because Federal Prison Early Release through RDAP (Residential Drug Abuse Program) requires a documented substance use disorder. If it’s not in your paperwork, you’re making your life harder than it needs to be.
I’m not saying “invent” a problem. I’m saying if it’s real, stop hiding it.
People hide it because they think it makes them look bad. Or they think probation will treat them worse. Or they think “I’m not an addict, I just drank too much sometimes.”
Then they get sentenced, and suddenly they want RDAP.
Now they’re scrambling.
Now they’re saying, “Can I still get Federal Prison Early Release?”
Sometimes yes. Sometimes no. And the difference is often documentation.
Don’t just disclose it—document it
Here’s what I want you to do if substance abuse or alcohol is part of your history:
Get an assessment from a licensed counselor.
Not your buddy. Not a quick online quiz. A real clinical assessment that explains:
- the pattern
- the duration
- withdrawal symptoms (irritable, moody, depressed, sweats, fatigue—whatever is true for you)
- the consequences
- the treatment recommendation, including continued care during incarceration
Then put that assessment into your sentencing narrative and your release plan.
This is not busywork. This is how you strengthen your shot at Federal Prison Early Release—and more importantly, how you make the time count for something other than regret.
And if your case has been going on for a year or two (or longer), you should be able to say:
“I’ve been in treatment during this period. I disclosed this to probation. I’m not waiting until I’m locked up to pretend I care.”
That’s a very different story than: “I got sentenced last week and now I want RDAP.”
The sentencing hearing—ask for the right things
At sentencing, if you’re eligible and your sentence is long enough (two years or more is often where this conversation shows up), your lawyer should ask the judge to recommend RDAP.
Judges will usually say some version of: “It’s only a recommendation. The Bureau of Prisons decides.”
Fine. Ask anyway.
A judge’s recommendation can help. And if you’re serious about Federal Prison Early Release, you don’t sit quietly and hope everyone else handles it.
Also ask for:
- A specific surrender date
If you need time to get affairs in order or complete treatment steps, your lawyer should ask for it. - A facility recommendation that matches reality
This is where people get burned.
Example: I’m in California. As I’m writing this, I tell people a blunt truth—there isn’t a camp in California that offers RDAP at the camp level. Yet I still see lawyers asking for facilities like Lompoc “for RDAP.” The issue? The RDAP program is associated with the low, not the camp. If you surrender to the camp expecting RDAP access, you may be disappointed.
And the broader point is this: Federal Prison Early Release isn’t about naming a prison you’ve heard of. It’s about matching your plan to where the program actually exists and where you can realistically be designated.
Facilities change. Programs pause. Units get reshuffled. So verify current RDAP locations before you build your whole strategy around one assumption. But don’t skip the step.
Getting into RDAP is one thing—finishing is another
I’ve interviewed people like Craig Carton (Lewisburg), Glenn Hudson (Texarkana), and Dr. Nate Hudson (Montgomery). Different backgrounds, same message: RDAP can help, but it’s not a casual stroll.
People get kicked out. People quit. People get held back. I’ve heard estimates like “half don’t finish.” Whether the exact number is 40% or 50% doesn’t matter as much as the truth underneath it: completion is not automatic.
That’s why I keep coming back to the same point: Federal Prison Early Release is tied to follow-through.
If you’ve never kept commitments when nobody was watching, prison is a bad place to suddenly “start being disciplined.” That’s not me being harsh. That’s me trying to save you from false confidence.
Start now:
- document treatment
- show consistency
- build a release plan you can hand to a case manager and a drug coordinator
- make it easy for staff to say yes to you
That’s how you put yourself in position for Federal Prison Early Release—not with wishful thinking after sentencing.
What I’d do this week if I were in your shoes
If you’re pre-sentencing and you want Federal Prison Early Release to be a real option, here’s what I would do this week:
- Tell the truth in the probation interview about substance use history (if it exists).
- Get a licensed assessment and attach it to your narrative and release plan.
- Ask your lawyer to request RDAP recommendation at sentencing (when appropriate).
- Ask your lawyer to request a designation recommendation to a facility that actually aligns with RDAP access (verify current program availability).
- Start building a written record that shows progress before you surrender.
And if you’re post-sentencing, do the same steps anyway—because even now, Federal Prison Early Release is easier when you show up organized, documented, and consistent.
Summary
Federal Prison Early Release isn’t a magic trick you learn after the cuffs come off in the courtroom hallway. It’s a sequence of decisions—probation interview, documentation, sentencing recommendations, and follow-through in custody. If substance abuse is part of your history, hiding it can block RDAP eligibility and cost you significant time. If it’s real, disclose it, document it, and build a paper trail that supports treatment and a plan you can execute.
FAQ: Federal Prison Early Release
What is Federal Prison Early Release through RDAP?
RDAP is a treatment program that, for eligible people, can lead to up to a year off. Federal Prison Early Release via RDAP depends on eligibility, documentation, and completion.
Why does the probation interview matter for Federal Prison Early Release?
Because your disclosures can shape the PSR, and that paperwork can influence later decisions. If substance abuse isn’t documented, Federal Prison Early Release becomes harder to pursue.
Should I disclose alcohol use even if I’m embarrassed?
If it’s real and it fits a substance use disorder pattern, yes. The goal isn’t to look perfect—it’s to be accurate and prepared. That supports Federal Prison Early Release planning.
Is a judge’s recommendation for RDAP worth asking for?
Yes. Even if the judge says it’s only a recommendation, it can still help. If you want Federal Prison Early Release, you don’t skip reasonable steps.
Can I still pursue Federal Prison Early Release if I didn’t disclose substance use earlier?
Sometimes, but you’re starting behind. You’ll need documentation and consistency fast. Federal Prison Early Release is easier when the record was built before sentencing.
How long does it take to get into RDAP?
It varies by facility and waitlists. I’ve seen people estimate months. The key is to plan for delays and keep your documentation tight while you wait. Federal Prison Early Release often gets derailed by poor planning around timing.
What causes people to lose Federal Prison Early Release eligibility in RDAP?
Not qualifying, not having documentation, disciplinary issues, quitting, or getting removed. Federal Prison Early Release depends on staying in the program and finishing.
What’s the simplest way to improve my odds of Federal Prison Early Release?
Tell the truth early, document it with a licensed assessment, ask for the right recommendations at sentencing, and show consistent follow-through.
About the Author
Justin Paperny (hey, I’m writing about myself in the third person!) is an ethics and compliance speaker and founder of White Collar Advice, a national crisis management firm that prepares individuals and companies for government investigations, sentencing, and prison. He is the author of Lessons From Prison, Ethics in Motion, and the upcoming After the Fall. His work has been featured on Dr. Phil, Netflix, CNN, CNBC, Fox News, The Washington Post, and The New York Times.
