Federal inmates can seek compassionate release if their child’s caregiver passes away or becomes incapacitated. This option becomes available when a minor child unexpectedly loses the only family member capable of providing care due to unforeseen circumstances. This form of compassionate release is due to the death or incapacitation of a child’s caregiver.
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Requirements for Compassionate Release Based on Caregiver’s Death or Incapacitation
Inmates facing the death or incapacitation of their child’s caregiver should submit a compassionate release petition to the Warden. To strengthen the case, the inmate must provide comprehensive documentation, including:
- A statement confirming that the caregiver has died or is incapacitated and was responsible for the inmate’s biological or adopted child.
- A declaration that the deceased or incapacitated individual was the only family member capable of caring for the child.
- The caregiver’s name, their relationship to the inmate, and confirmation that they were a family member of the child.
- An official death certificate, if applicable.
- Medical records verifying the caregiver’s incapacity, if relevant.
- Documentation proving the inmate is the child’s parent.
- Records showing the child’s name and age.
- A release plan outlining the inmate’s housing and financial means to care for the child.
- Authorization for the Bureau of Prisons (BOP) to obtain any necessary documentation related to the application.
Institutional Committee Review Process
After receiving the application and supporting documents showing the death or incapacitation of the child’s caregiver, the Warden will either deny the request or advance it to the next review stage. In this stage, the Warden forms a committee to evaluate the application further. This committee typically includes the inmate’s unit manager, counselor, and other relevant staff, such as social workers, psychologists, or doctors. They will gather additional documentation, including:
- A general assessment of the child’s mental and physical condition.
- Details about the child’s care before the inmate’s incarceration and while in prison.
- Letters or documents confirming that the deceased or incapacitated caregiver was the only available family member capable of caring for the child.
Warden’s Criteria for Review
When deciding whether to recommend compassionate release for the death or incapacitation of a child’s caregiver, the Warden considers various factors, including:
- The inmate’s offense, current age, age at the time of the offense, release plans, institutional behavior, and personal history.
- The length of the sentence and the time remaining.
- Input from victims.
- Whether the release would diminish the severity of the offense.
- Any history of violent acts before or during incarceration.
- The presence of drugs, firearms, or other dangerous items in the inmate’s home before incarceration while caring for the child.
- Evidence of how the inmate cared for the child before and after the arrest, including during incarceration.
- Any evidence of child abuse.
- Whether the inmate has ever lost custody of a child, is deportable, has received public assistance, had a job, or participated in institutional programming.
Compassionate Release Review and Approval Process
The Warden will also consider what is in the child’s best interest before making a recommendation. If the Warden approves the compassionate release request for the death or incapacitation of a child’s caregiver, they will forward it to the General Counsel. If the General Counsel agrees, the application will go to the Director of the BOP. If approved, the U.S. Attorney for the district where the inmate was sentenced will move the court for a reduction in the sentence to time served. If the court grants this motion, the inmate will be released immediately.
Learn more about the compassionate release approval process to understand each step involved.
Get Professional Legal Assistance
Navigating this process alone can be overwhelming. The Criminal Center has extensive experience handling compassionate release petitions, especially those involving the death or incapacitation of a child’s caregiver. Contact our compassionate release lawyers today to discuss maximizing the chances of a successful petition.
FAQs: Death or Incapacitation of a Child’s Caregiver
This form of compassionate release allows incarcerated parents to be released so they can care for their child when the child’s current caregiver has died or become incapacitated.
Like all compassionate release requests, this category is governed by the Bureau of Prisons Program Statement 5050.50, Compassionate Release/Reduction in Sentence. Section 5 specifically covers this type of relief and its qualifying criteria.
The inmate must have a biological or legally adopted child whose caregiver has either died or become incapacitated. The child must be under 18 years of age.
Incapacitation is defined as a severe injury (e.g., auto accident) or a severe illness (e.g., cancer) that renders the caregiver incapable of caring for the child.
In the first stage, the inmate must provide the Warden with critical details about the situation. This includes proof that the caregiver has died or is incapacitated, confirmation that they were the only person who could care for the child, and their relationship with the inmate. The inmate must also provide a death certificate or medical proof, documentation showing they are the child’s parent, the child’s name and age, and a release plan explaining how they’ll care for the child. If any of this information is missing or inadequate, the Warden may deny the request.
In the second stage, the Warden assembles a committee to review the application, including the inmate’s unit manager, counselor, and other relevant staff. The committee examines critical details, such as the child’s physical and mental condition and proof that the deceased or incapacitated caregiver was the only available family member. The committee also verifies who is currently caring for the child and, if needed, confirms that the inmate can immediately take custody upon release.
When considering compassionate release, several factors are taken into account. These include any history of violent conduct, the care the inmate provided to their child before and during incarceration, and any evidence of child abuse, neglect, or exploitation. The review also examines the inmate’s parenting skills, financial obligations, any loss of parental rights, and whether they have detainers. The inmate’s work history, history of public assistance, participation in prison programs and classes, and involvement in the Inmate Financial Responsibility Program (IFRP) are also considered.
Unfortunately, the chances are low, as they are for all categories of compassionate release. Between 2014 and 2018, only 33 out of 282 applications for this reason were referred to the Director for review. During this period, only 306 requests were granted across all categories of compassionate release, while 2,405 were denied.
Inmates should follow the traditional process: select the appropriate category of relief, gather the required documentation, draft a petition that meets the criteria, and submit the request to the Warden. The Warden has 30 days to approve or deny the petition per the First Step Act.
The best option is to hire a compassionate release attorney. The firm can investigate the inmate’s personal, medical, and family background, draft a compelling petition that fulfills the guidelines, secure the necessary documentation, and file the Death or Incapacitation of a Child’s Caregiver Petition . The firm will monitor its progress and intervene to give the inmate the best chance of success.