We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.
HE KNOWS EVERYTHING, BUT EVERYTHING HE KNOWS IS WRONG
Over the past 10 years of writing a newsletter, I have often railed at hopemongers, people who call themselves a “prison consultant” and dispense news and advice to federal prisoners intended to get families to part with money for spurious reasons.
Customarily, I have avoided naming names (except once, for “Oaks of Justice”). I am now naming another, chiefly because TikTok and the widespread availability of cellphones in prisons have combined to give this guy a platform that offers unparalleled opportunity to badly advise inmates.
Last week, I watched a new video panic from Kyle Sandler (who runs a website called Federal Prison Tips), in which he claimed that the Bureau of Prisons has “changed” 18 USC § 3621(e). There’s “a new 10-year lookback for crimes that can preclude you from taking the RDAP program,” Kyle announced breathlessly as “breaking news” that only he had uncovered.
“3621E, it’s changed because it used to be just dependent on the instant offense!” an eye-patched Kyle exclaimed. “The other significant change is that inmates that have shorter sentences will no longer be eligible for the full year off!”
Oh, the humanity!
Kyle manages to pack more error and misinformation into two and a half minutes than most people can spew in an hour. He’s not just wrong, he’s spectacularly wrong. Let’s try to clean this mess up:
The BOP issued a Program Statement in March (P.S. 5162.06) that updated its list of offenses it deems to be crimes of violence for BOP programming and designation purposes. A few were added, but notably, 18 USC § 922(g) – the statutory list of all those people prohibited from possessing a gun – was dropped.
Early last month, the BOP issued a change to its 8-year-old Program Statement regarding the award of early release credit for successful completion of the Residential Drug Abuse Program. The Program Statement highlights its changes in yellow for easy reading and simple comprehension.
Easy to comprehend, unless, of course, you’re Kyle.
The only change in the whole Program Statement is this: “For current US Code offenses, DSCC legal staff will refer to the Program Statement Categorization of Offenses to determine whether an offense precludes early release under § 3621(e). For current D.C. Code offenses, DSCC legal staff will refer to D.C. Code 23-1331(4).”
That’s it. There’s no “new” 10-year look-back. The BOP has “looked back” at prior offenses for at least a decade. Read the old Program Statement if you doubt this. It’s a cinch that Kyle should have before spewing his “advice.” And while I’m on it, there’s no change in 18 USC § 3621(e). This is because, as anyone who didn’t snooze through high school government class knows (and I’m talking to you, Kyle), the BOP has no ability to change § 3621(e), which is a federal statute. The BOP is just an agency. Only Congress has the power to change a statute.
As well, there’s no applying the Categorization of Offenses list to any prior offense at all. The few prior offenses that are disqualifying had to occur in the past 10 years, and they are set out (like they always have been) in 28 CFR 550.55. They include such undeniably violent crimes as homicide, rape, robbery, aggravated assault… that kind of thing. The Categorization of Offenses list has nothing to do with those.
Staying with us on this, Kyle?
Finally, Kyle’s other “significant change” that he pitches as earth-shattering: inmates with shorter sentences “will no longer be eligible for the full year off.” That sliding scale of decreasing time off for the under-30-month set has been in the Early Release Procedures Program Statement since at least 2016. It did not change in the new Program Statement.
Kyle, meet Dennis Steven Wright… As for the rest of you, don’t panic. Do your own research. It can’t be any worse than Kyle’s, and it probably will be a lot better.
Federal Prison Tips, RDAP Program Change (May 28, 2026)
Bureau of Prisons, P.S. 5162.06, Categorization of Offenses (March 19, 2026)
Bureau of Prisons, P.S. 5221.02 CN-3, Early Release Procedures Under 18 U.S.C. § 3621(e) (May 7, 2026)
~ Thomas L. Root