Can Nonviolent Drug Offenders Get Released Early?

The answer depends significantly on whether the sentence is state or federal, and which state is involved, because the landscape varies widely.

Blanket early release programs for second strikers do not really exist as a standard feature of any system. What does exist are more targeted pathways that can result in earlier release for certain drug offenders. The most common are drug treatment completion programs, where finishing a qualifying program like RDAP in the federal system can earn up to a year off the sentence, and substantial assistance provisions, where providing information that leads to the conviction of another person can result in a sentence reduction motion filed by the prosecutor.

Some states have also passed legislation in recent years specifically aimed at reducing sentences for nonviolent drug offenses, including retroactive provisions that allow eligible inmates to petition for resentencing under updated guidelines. California's Proposition 47 and 57 are well-known examples. Federal sentencing reforms under the First Step Act have also provided retroactive relief for certain drug offenses at the federal level.

Whether any of these apply to a specific person's case depends on the charge, the jurisdiction, the original sentence, and when it was imposed. The right person to evaluate eligibility is an attorney who can review the actual case file. A case manager at the facility can also tell him whether any programs available there could affect his release date.