The Federal Bureau of Prisons’ compassionate release program is a crucial avenue for federal inmates seeking a reduction in their sentences. Governed by Program Statement 5050.50, Compassionate Release/Reduction in Sentence, this program allows inmates to seek early release for medical conditions, family circumstances, age-related, and other extraordinary reasons. Below, we outline the BOP compassionate release criteria for each category of compassionate release.
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Medical Compassionate Release Criteria
The Federal Bureau of Prisons offers two categories of medical compassionate release: Terminal Medical Condition and Debilitated Medical Condition. Both fall under BOP compassionate release criteria focusing on health status.
Terminal Medical Condition
Inmates may qualify for compassionate release of terminally ill prisoners if they are diagnosed with a terminal, incurable disease. The BOP considers the terminal disease, prognosis, other medical conditions, and any functional impairment. Functional impairment is not a strict requirement.
Debilitated Medical Condition
Inmates qualify for Debilitated Medical Condition Compassionate Release if they suffer from an incurable, progressive illness or a debilitating injury with no chance of recovery. The inmate must be either completely unable to perform self-care and confined to a bed or chair or limited in self-care and confined to a bed or chair for more than 50 percent of waking hours.
Non-Medical Compassionate Release Criteria
The Federal Bureau of Prisons permits compassionate release based on two types of family circumstances: Death or Incapacitation of a Minor Child’s Caregiver and the Incapacitation of a Spouse or Registered Partner. These fall under BOP compassionate release criteria for family-related reasons.
Death or Incapacitation of a Minor Child’s Caregiver
Inmates may qualify for Death or Incapacitation of Minor Child’s Caregiver Compassionate Release if the family member or caretaker of their biological or adopted child under 18 has since died or become incapacitated, making them unable to care for the child. When considering these requests, the Federal Bureau of Prisons assesses the child’s best interests based on the BOP compassionate release criteria.
Incapacitation of Spouse or Registered Partner
Inmates may qualify for Incapacitation of Spouse or Registered Partner Compassionate Release if they are legally married or in a civil union/registered domestic partnership established before the inmate’s arrest. The spouse or partner must have suffered a serious injury or debilitating physical illness that renders them completely disabled and unable to carry on any self-care, confining them to a bed or chair. Alternatively, severe cognitive impairments, such as Alzheimer’s disease or a traumatic brain injury, may also qualify. The inmate must be the only available caregiver, with no other family member or adequate care option available.
Elderly Compassionate Release Criteria
The Bureau of Prisons allows compassionate release for elderly inmates in limited circumstances, as detailed in the BOP compassionate release criteria for the elderly.
Inmates must be 65 years or older and have served the greater of 10 years or 75 percent of their term of imprisonment. They also must suffer from age-related physical or mental health deterioration. The inmate’s age at the time of the offense is considered, with those 60 or older at the time of the offense generally not eligible for relief.
Retain Experienced Counsel
If you or a loved one is considering applying for compassionate release, it’s crucial to have an experienced compassionate release lawyer on your side. At The Criminal Center, we understand the BOP compassionate release criteria, regularly assist clients with sentence reductions, and have a proven track record of success. Contact us today to see how we can help you navigate this complex process.
To learn more about compassionate release criteria or to retain counsel, schedule an initial consultation. We’re here to help you understand your options and guide you through the process.