Who is eligible for compassionate release?

Originally published March 19, 2021. Statements about the law were updated in October 2026; the box below gives today’s rules.

What the law says now (October 2026). A federal judge can reduce a sentence for “extraordinary and compelling” reasons (reasons that are especially unusual and convincing). You must first ask the warden in writing. You can file in court 30 days after the warden gets the request, or sooner if you finish the Bureau of Prisons’ appeals (18 U.S.C. § 3582(c)(1)(A)). The judge also weighs the sentencing factors in 18 U.S.C. § 3553(a). See who may seek compassionate release.

Changes in sentencing law. In Rutherford v. United States (May 28, 2026), the Supreme Court held that when Congress makes a sentencing change non-retroactive (meaning it does not apply to people already sentenced), such as the First Step Act’s end of “stacked” § 924(c) sentences, the gap between an old sentence and today’s sentence cannot be an “extraordinary and compelling” reason, alone or combined with other reasons. Some older posts here describe court wins on that theory; those wins are history, not today’s law.
Rehabilitation. By law, rehabilitation alone is not an extraordinary and compelling reason (28 U.S.C. § 994(t)). It can be weighed together with other reasons (U.S.S.G. § 1B1.13(d)).
The Sentencing Commission’s policy statement. Since November 1, 2023, U.S.S.G. § 1B1.13 applies to motions filed by prisoners as well as by the Bureau of Prisons, and a reduction must be consistent with it (18 U.S.C. § 3582(c)(1)(A)). Posts from 2020–2023 that say courts were “not bound” by it describe the law before that date. Rutherford (2026) held the policy statement invalid to the extent it lets a non-retroactive change in law count as a reason.

Anyone in federal prison can ask for compassionate release. To win, you must show “extraordinary and compelling” reasons, and you must ask the warden first. If the warden does not act within 30 days, you can file a motion in court.

The First Step Act of 2018 created new ways to seek compassionate release, and since then more than 2,000 people have received it. That has brought a lot of hope. But who is eligible for compassionate release?

eligibility for compassionate release

What compassionate release is

Compassionate release is a process that lets a person in prison ask to be released early on medical or humanitarian grounds. In the past, it was granted mainly to people who were terminally ill.

Many people don’t know about a change in the law that lets prisoners file for compassionate release themselves based on “extraordinary and compelling” circumstances.

What can count as extraordinary and compelling

At the time this article was written, some courts said these circumstances could include issues with a person’s sentence length, sentence type, or sentence structure (see U.S. v. Urkevich, 2020 LEXIS 197408 D. Nebraska).

Some courts have pointed to remarkable rehabilitation as part of the reason for compassionate release. But by law, rehabilitation alone is not an “extraordinary and compelling” reason (28 U.S.C. § 994(t)). It can count together with other reasons (U.S.S.G. § 1B1.13(d)) (U.S. v. Marks 2020 LEXIS 68828 W.D. New York).

Who can file

So, who is eligible for compassionate release? Eligibility depends on having extraordinary and compelling reasons. Anyone can file, and many different situations may be considered extraordinary and compelling.

The law also gives prisoners faster access to the courts. You can go to court 30 days after you file your first request with the warden.

How to start

If you believe you have extraordinary and compelling reasons, you can ask for compassionate release. The first step is an official written request to the warden. The warden has 30 days to respond.

This step is critical, so your request should be thorough and complete.

If the warden does not grant your request within 30 days, 18 U.S.C. § 3582(c)(1)(A) allows you to file a motion asking the court to consider compassionate release.

So, who is eligible for compassionate release? Perhaps you are.

Article by Gregory Berry of Criminal Center

Image by PublicDomainPictures from Pixabay

If you want help with a compassionate release request, book a consultation.