A denial is not always the end. Inside the Bureau of Prisons (BOP), the warden, the General Counsel or the Director can deny a compassionate release request. You get the reasons in writing, a warden’s denial can be appealed, and you can always file a new request.
1. Who can deny a compassionate release petition?
Three officials inside the Bureau can deny a request for compassionate release: the warden of the prison, the General Counsel and the Director. In general, each one has full power to deny a petition on their own.
2. If a petition is denied, how is the person in prison told? Is there a time limit?
The person is told in writing within 20 days of the denial. The notice must give the reasons for the denial.
3. Does a denial stop someone from filing a new request?
No. A person in federal prison can file as many compassionate release requests as they want.
4. Can the denial be appealed?
A warden’s denial can be appealed through the Bureau’s Administrative Remedy Program (the BOP’s internal complaint and appeal process). Denials by the General Counsel or the Director cannot be appealed. They count as final agency decisions.
5. How likely is a compassionate release petition to be denied?
It depends on the type of petition. The Bureau’s current categories are listed in Bureau of Prisons Program Statement 5050.51 (September 3, 2026). As our Compassionate Release Statistics page explains, the Bureau received 3,059 requests between 2014 and 2018. Only 306 were granted, and 2,405 were denied. The rest were not decided during that time, or the person died before a decision was made.
The New York Times found a 6 percent success rate, but that was only for petitions that reached the Director’s desk. Most requests are denied by the warden before the Director ever sees them.
6. Can the court deny a reduction in sentence motion filed by the U.S. Attorney?
Yes, but this is rare.
7. Where in the law or BOP policy can I read more about denials?
These sources cover compassionate release denials: Bureau of Prisons Program Statement 5050.51, Compassionate Release/Reduction in Sentence Procedures; U.S. Sentencing Guidelines § 1B1.13; and 28 C.F.R. § 571.63.
8. Is there anything you can do ahead of time to avoid a denial?
The strongest step is a well-written petition filed under the category that fits best, backed by documents such as medical records. This helps make sure the request is reviewed on its merits.
9. If I’ve been denied, or I want help with a first petition, what should I do?
You may want to hire a compassionate release attorney. Criminal Center researches, drafts, files and follows up on compassionate release requests. No one can guarantee approval. A lawyer can help present the request clearly and follow up when it stalls.
If you want help with a compassionate release request, book a consultation.