Federal compassionate release is a way to shorten a federal prison sentence. Under 18 U.S.C. § 3582(c)(1)(A), a federal judge can reduce a sentence for “extraordinary and compelling reasons.” The motion can come from the Bureau of Prisons or, after the 30-day or exhaustion step, from the person in prison.

It is real, it is narrow, and the judge decides. This page explains where the law comes from, what a judge must find, who can file, and what compassionate release is not. If you or someone you love is in federal prison, start here, then use the linked guides for the details.

Where federal compassionate release comes from

  • The statute. Congress created compassionate release in the Sentencing Reform Act of 1984. Today it is 18 U.S.C. § 3582(c)(1)(A). Section 3582(c) starts from the rule that a federal prison sentence cannot be changed once imposed, then lists a few exceptions. This is one of them.
  • The First Step Act of 2018. Before 2018, only the Bureau of Prisons could ask the court. The First Step Act let the person in prison file the motion after asking the warden. It also requires the Bureau to notify family and help with a request when someone is diagnosed with a terminal illness (18 U.S.C. § 3582(d)).
  • The Sentencing Commission's policy statement. Congress told the U.S. Sentencing Commission to describe what counts as extraordinary and compelling (28 U.S.C. § 994(t)). It did so in U.S.S.G. § 1B1.13, amended November 1, 2023, so that it now applies to motions filed by the person in prison as well as by the Bureau. A reduction must be consistent with it.
  • The Bureau of Prisons' rules. The Bureau's current policy is Program Statement 5050.51, dated September 3, 2026. It replaced Program Statement 5050.50, which is no longer in effect. The Bureau's procedures are also in 28 C.F.R. part 571, subpart G.

The three requirements

A judge can reduce the sentence only if all three are met:

  1. Extraordinary and compelling reasons. The Supreme Court describes these as reasons that are especially unusual and convincing. (A separate, narrow rule covers people 70 or older who have served 30 years of a sentence imposed under 18 U.S.C. § 3559(c).)
  2. Consistent with the policy statement. The reduction must fit U.S.S.G. § 1B1.13, which also asks the judge to find that the person is not a danger to others or the community (§ 1B1.13(a)(2)).
  3. The sentencing factors. The judge weighs the factors in 18 U.S.C. § 3553(a), like the nature of the crime, the person's history, and public safety.

Who qualifies, in short

The reasons the Sentencing Commission lists in U.S.S.G. § 1B1.13(b) are about the person's own situation. One line each; the full eligibility guide covers every detail.

  • (b)(1) Medical: a terminal illness, a serious condition that badly limits self-care in prison and will not improve, care the prison is not providing, or a disease outbreak that puts the person at higher risk.
  • (b)(2) Age: 65 or older, a serious decline in health because of aging, and at least 10 years or 75 percent of the sentence served, whichever is less.
  • (b)(3) Family: the caregiver of the person's minor child has died or is incapacitated, or a spouse, registered partner, or parent is incapacitated and the person would be the only available caregiver.
  • (b)(4) Abuse in custody: sexual abuse, or physical abuse causing serious bodily injury, by prison staff or others with custody over the person.
  • (b)(5) Other reasons: other circumstances similar in gravity to the four above.
  • (b)(6) Unusually long sentence: after Rutherford v. United States, 608 U.S. 454 (2026), a sentencing change Congress did not make retroactive cannot be a reason, alone or combined with others. The Court held the policy statement invalid to that extent, so this ground offers little today. See can a long sentence be a reason.

Good conduct in prison helps, but rehabilitation alone is not enough (28 U.S.C. § 994(t); U.S.S.G. § 1B1.13(d)).

Who can file, and the 30-day rule

The motion can be filed by the Director of the Bureau of Prisons, or by the person in prison. The person must first ask the warden in writing. They can then file in court once 30 days have passed since the warden received the request, or sooner if they finish the Bureau's appeals, whichever is earlier. The motion goes to the court that imposed the sentence, even if the prison is in another state. A family member or lawyer can send the request to the warden on the person's behalf (28 C.F.R. § 571.61(b)). The guide to 18 U.S.C. § 3582 has the statute's exact words.

The process in brief

  1. Gather proof: medical records, family records, and a release plan showing where the person will live and how they will get care.
  2. Send a written request to the warden explaining the reasons and the release plan.
  3. After 30 days (or once the Bureau's appeals are done), file a motion in the sentencing court.
  4. The government responds, and the judge decides.

Each step is explained in how compassionate release works, step by step.

What compassionate release is not

  • Not a way to challenge the conviction. Claims that the conviction is invalid, like innocence or trial errors, belong in a motion under 28 U.S.C. § 2255, not here (Fernandez v. United States, 608 U.S. 411 (2026)).
  • Not the elderly home detention program. That program changes where an older person serves the sentence; compassionate release shortens it. See elderly home detention vs. compassionate release.
  • Not a furlough. A furlough is a short, temporary release from custody under 18 U.S.C. § 3622, for example to visit a dying relative. The Sentencing Commission says a reduction is not appropriate when a furlough would adequately address the situation (U.S.S.G. § 1B1.13, comment. (n.1)).
  • Not for state sentences. It applies only to sentences imposed by a federal court.

Guides for each situation

For the Supreme Court's 2026 decisions, see our news posts on Rutherford and Fernandez. This page is general information, not legal advice.

Common questions

What is compassionate release?

It is a request asking the federal judge who imposed a prison sentence to make it shorter. The judge can grant it only for “extraordinary and compelling reasons” and after weighing the usual sentencing factors (18 U.S.C. § 3582(c)(1)(A)). It is not a pardon, parole, or a new trial.

What is compassionate release from federal prison?

It is the way a person serving a federal prison sentence asks the judge who imposed it to make it shorter because of extraordinary and compelling reasons, such as a terminal illness. The person first asks the warden in writing, then can file in court 30 days after the warden receives the request, or sooner if the Bureau of Prisons’ appeals are finished (18 U.S.C. § 3582(c)(1)(A)). It does not apply to state prison sentences.

Is compassionate release real?

Yes. It is written into federal law at 18 U.S.C. § 3582(c)(1)(A), and the Sentencing Commission’s policy statement lists the reasons that can qualify (U.S.S.G. § 1B1.13). It is also narrow: the judge decides each case on its facts, and no one can promise a result.

What is humanitarian release?

For a federal prison sentence, it usually means compassionate release: a reduction of the sentence for extraordinary and compelling reasons, such as a terminal illness or a family emergency (18 U.S.C. § 3582(c)(1)(A)). The statute does not use the word “humanitarian”; the Bureau of Prisons calls it compassionate release or reduction in sentence (Program Statement 5050.51, section 1).

How not to seek a compassionate release?

Do not skip the written request to the warden, do not send it without records and a release plan, and do not build it on reasons the law rules out. The request must explain the circumstances and give a release plan (28 C.F.R. § 571.61(a)), and a court motion cannot rest on a sentencing change Congress did not make retroactive (Rutherford v. United States, 608 U.S. 454 (2026)), on a claim that the conviction is invalid (Fernandez v. United States, 608 U.S. 411 (2026)), or on rehabilitation alone (28 U.S.C. § 994(t)). See a case study in what not to do.

Who can make a compassionate release request to the courts?

Two people can file the motion: the Director of the Bureau of Prisons, or the person in prison after asking the warden and then either finishing the Bureau’s appeals or waiting 30 days from the warden’s receipt of the request, whichever comes first (18 U.S.C. § 3582(c)(1)(A)). A family member or lawyer can submit the request to the warden on the person’s behalf (28 C.F.R. § 571.61(b)), and the motion goes to the court that imposed the sentence.

How long does compassionate release take?

There is no set timeline. The earliest a motion can be filed is 30 days after the warden receives the request, or sooner if the Bureau’s appeals are finished first (18 U.S.C. § 3582(c)(1)(A)). After that, timing depends on the court, because the statute sets no deadline for the judge’s decision.

What happens after compassionate release?

The court’s order controls. The judge may reduce the sentence to time served, so the person is released, or shorten the prison term without ending it right away. The judge may also add probation or supervised release, with or without conditions, up to the unserved part of the original prison term (18 U.S.C. § 3582(c)(1)(A)). When the court grants the motion, the warden releases the person right away, or as the order directs (Program Statement 5050.51, section 10).

Can you go back to prison after a compassionate release?

Yes, if the person violates the conditions of supervised release or probation. The court can revoke supervised release and order time in prison (18 U.S.C. § 3583(e)), or revoke probation and resentence (18 U.S.C. § 3565). The Bureau of Prisons will not consider a new compassionate release request from someone who received a reduction, was released, and returned to its custody (Program Statement 5050.51, section 3).

What should I do if compassionate release is denied?

It depends on who said no. If the warden denied the request, the person can appeal through the Bureau’s Administrative Remedy Program, or go to court once 30 days have passed since the warden received the request (Program Statement 5050.51, section 11; 18 U.S.C. § 3582(c)(1)(A)). If a judge denied the motion, the next step depends on the reasons the judge gave; see what to do after a denial.

Can a non-retroactive change in the law support compassionate release?

No. On May 28, 2026, the Supreme Court held that when Congress changes a sentencing law but does not make the change retroactive, such as the First Step Act’s end of “stacked” § 924(c) sentences, the gap cannot be an extraordinary and compelling reason, alone or combined with other reasons (Rutherford v. United States, 608 U.S. 454 (2026)). The Court held the Sentencing Commission’s policy statement invalid to the extent it says otherwise (U.S.S.G. § 1B1.13(b)(6)).

Is rehabilitation enough for compassionate release?

Not by itself. Congress says rehabilitation alone is not an extraordinary and compelling reason (28 U.S.C. § 994(t)). The Sentencing Commission’s rule adds that rehabilitation can be considered together with other circumstances, both in deciding whether to reduce a sentence and by how much (U.S.S.G. § 1B1.13(d)).