Federal Compassionate Release

Report Shows the Need for Compassionate Release Last year, the Marshall Project and the New York Times released a report detailing the Federal Bureau of Prisons’ indifference toward the compassionate release of aging and dying prisoners. Providing prisoners with a serious opportunity for early release has been partially corrected by the recent passage of the federal…

FAMM Reveals a Need for Change A recent report done by Families Against Mandatory Minimums (FAMM) outlines the newest compassionate release guidelines released with the First Step Act. The biggest change? Taking the final decision on compassionate release away from the Bureau of Prisons (BOP) and returning it to the courts. “Compassionate Release and the…

Seeking Compassionate Release Based on Inadequate Medical Care Unsurprisingly, federal prisons often provide inadequate medical care for their inmates. When prisoners petition for compassionate release based on a medical condition, the court considers the quality of care. In some cases, prisoners receive early release because the Bureau of Prisons (BOP) denied adequate care. Above all,…

Bringing Home Both Sick and Terminal Inmates The First Step Act of 2018 provides the requirements for compassionate release petitions. Either a defendant or the Director of the Bureau of Prisons (BOP) may file a motion to have the term of the defendant’s prison sentence reduced. All of the sentencing factors of 18 U.S.C. §…

The Elderly Inmate Dilemma  Nearly every state and federal prison in the United States is now facing a steady rise in elderly inmate populations. Prisoners who age behind bars do so at an accelerated rate. Oftentimes, inmates find themselves diagnosed with illnesses that someone twice their age would suffer from. Although both the federal government…

Compassionate Release: The Denial of the Dying Massachusetts recently passed a compassionate release law that allows for the release of chronically or terminally ill inmates. But it appears that actual compassion is lacking. The first prisoner to request, who is terminally ill, has been rejected. Alexander Phillips is 31 and serving an 18- to 20-year…

The First Steps in the Right Direction The First Step Act of 2018 now allows federal inmates the opportunity to petition for early release. Prisoners who meet other conditions and struggle with self-care from a serious disease may seek a compassionate release. Case law on early release continues to develop as the statute is new.…

Compassionate Release if the Government Took No Position Generally, courts are more likely to grant compassionate release petitions when the government took no position. However, defendants still have to show that they meet all requirements. A federal court in Arizona recently demonstrated that one of the most helpful factors for prisoners is the lack of…

Primarily, prisoners request compassionate release to get out of prison early. However, a recent Ohio federal case shows that a court can also recommend accommodations instead of compassionate release. As a result, sometimes prisons transfer inmates closer to home. Courts Consider Extraordinary and Compelling Reasons for Compassionate Release The First Step Act allows prisoners to…