Congress authorizes the Federal Bureau of Prisons (BOP) to pursue compassionate release, also known as a Reduction in Sentence (RIS) when an inmate faces extraordinary and compelling circumstances. The United States Sentencing Commission has established specific criteria qualifying as extraordinary and compelling, including debilitated medical condition compassionate release.
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Criteria for Compassionate Release Due to Debilitated Medical Conditions
According to the U.S. Sentencing Guidelines, debilitated medical conditions include inmates who are:
- Suffering from a serious physical or mental condition,
- Experiencing a serious functional or cognitive impairment, or
- Facing deteriorating physical or mental health due to aging.
These conditions must significantly reduce the inmate’s ability to provide self-care in federal prison and a condition from which the inmate is not expected to recover. The First Step Act of 2018 expanded the guidelines to include a wide range of permanent, serious impairments and disabilities—whether functional or cognitive—that make life in prison particularly challenging.
Federal Bureau of Prisons Program Statement 5050.50, Compassionate Release/Reduction in Sentence, provides further detail. Compassionate release may be considered for inmates with an incurable, progressive illness or a debilitating injury from which they will not recover. The BOP considers a reduction in sentence for a debilitated medical condition under the following circumstances:
- The inmate is completely disabled, unable to perform any self-care, and is totally confined to a bed or chair.
- The inmate can only perform limited self-care and is confined to a bed or chair for more than 50 percent of waking hours.
BOP policy also includes a review of cognitive defects, such as Alzheimer’s disease or traumatic brain injury. However, cognitive impairment is not required for a compassionate release in cases of severe physical impairment.
Warden’s Review of the Petition
When deciding whether to grant compassionate release, the Federal Bureau of Prisons considers several factors:
- Criminal history
- Current offense
- Length of sentence and time served
- Supervised release violations
- Unresolved detainers
- Personal history
- Age at present and at the time of the offense
- Institutional adjustment, including disciplinary record
The Warden plays a crucial role in the decision-making process, reviewing the factors and exercising significant discretion in considering compassionate release.
The Compassionate Release Process
The compassionate release process begins with the inmate submitting a request to the Warden. If the Warden approves the request, it is forwarded to the BOP’s General Counsel for consultation with the Medical Director. The General Counsel then makes a final recommendation, which, if approved, is sent to the Director of the Federal Bureau of Prisons for the ultimate decision.
If the Director approves the request, they ask the U.S. Attorney for the inmate’s sentencing district to petition the court for early release. The court holds a hearing to consider the petition, review evidence, and make a final decision. If the court approves the debilitated medical condition compassionate release, the BOP releases the inmate upon finalizing their release plans.
Seeking Professional Assistance
Pursuing compassionate release for a debilitated medical condition is a complex challenge. The process demands a comprehensive review of the inmate’s medical and personal circumstances, and the petition must be meticulously prepared and submitted. The involvement of an experienced compassionate release lawyer is crucial, as it provides a sense of reassurance and confidence for inmates and their families, ensuring the petition is advanced successfully.
The Criminal Center has significant experience navigating the federal compassionate release process. Our team offers skilled guidance to ensure inmates meet the qualifications, select the appropriate category, and submit a petition that complies with all BOP requirements. Should delays occur, The Criminal Center can also communicate with relevant Federal Bureau of Prisons officials on inmates’ behalf, significantly improving the chances of success.
Debilitated Medical Condition Compassionate Release FAQs
Debilitated Medical Condition Compassionate Release allows inmates to seek a reduced sentence due to serious, irreversible health conditions. To qualify, an inmate must have a physical or mental condition, severe impairment, or significant health decline that prevents them from caring for themselves in prison, with no expected recovery. This release is for those whose health makes continued incarceration unjustifiable.
Yes. Program Statement 5050.50, Compassionate Release/Reduction in Sentence, governs compassionate release. Section 3(b) addresses explicitly debilitated medical condition petitions.
The inmate must have an incurable, progressive illness or a debilitating injury from which they will not recover. Additionally, the inmate must be completely disabled, unable to perform any self-care, and confined to a bed or chair. Or, the inmate may be capable of only limited self-care and confined to a bed or chair for more than 50 percent of waking hours.
Yes, cognitive defects like Alzheimer’s or traumatic brain injuries are considered, especially when assessing the inmate’s ability to re-offend. However, cognitive defects are not required for cases involving severe physical impairment.
Unfortunately, the chances are slim. From 2014 to 2018, out of 1,106 applications based on a debilitated medical condition, only 181 were referred for approval, and only 306 total requests across all categories of compassionate release were granted.
It is highly recommended that you hire an experienced compassionate release attorney. At The Criminal Center, we have a proven track record of success in this area.
Yes. An experienced compassionate release lawyer brings legal expertise and objectivity, which are crucial in a successful petition. Additionally, having legal representation may prompt the Federal Bureau of Prisons to handle the request with greater care, increasing inmates’ chances of a favorable outcome.