Compassionate release offers federal inmates an opportunity for early release due to “extraordinary and compelling” circumstances, such as severe medical conditions or terminal illness. However, the process of obtaining compassionate release is fraught with challenges, and most applications are denied by the Bureau of Prisons (BOP). This article provides a comprehensive guide to understanding compassionate release denials, the steps an inmate can take after being denied, and answers to frequently asked questions related to this critical issue.
Table of contents
- Compassionate Release Denials: An Overview
- Reasons for Compassionate Release Denials
- What to Do If Denied Compassionate Release
- Navigating the Appeals Process
- The Role of Legal Representation
- Additional Considerations: Timing and Strategy
- Compassionate Release Denial Frequently Asked Questions (FAQs)
- Conclusion: Compassionate Release Denials
Compassionate Release Denials: An Overview
Compassionate release is authorized under federal law, which allows the BOP to recommend early release for inmates facing extraordinary circumstances. Despite the intention behind this policy, the BOP is known for its strict interpretation of what qualifies as “extraordinary and compelling.” The result is that most compassionate release applications are denied at the BOP level before they even reach a federal court.
Between 2013 and 2017, the BOP received approximately 5,400 compassionate release applications, but only 350 were approved—a mere 6% success rate. The stringent approach taken by the BOP has led to numerous compassionate release denials, with many inmates left to endure their sentences despite severe or terminal conditions.
Reasons for Compassionate Release Denials
The BOP’s interpretation of the compassionate release statute and guidelines emphasize the “extraordinary” aspect, often leading to the rejection of applications that may appear compelling. The BOP’s role is to act administratively, forwarding qualifying applications to the courts. However, the BOP frequently denies applications before they reach judicial review. This heavy-handed approach results in most denials occurring within the BOP, specifically at the Warden, General Counsel, or Director levels.
Common Reasons for Denial
Insufficient Documentation: A lack of comprehensive medical records or other supporting documents can result in a denial. The BOP may determine that the evidence does not sufficiently demonstrate the inmate’s condition as “extraordinary and compelling.”
Premature Application: Applications filed too early may be denied because the inmate’s condition does not yet meet the threshold for compassionate release.
Failure to Meet Criteria: The BOP’s criteria for compassionate release are specific, and failure to meet every element can lead to denial. This includes failing to provide evidence that the inmate’s situation fits one of the seven categories outlined by the BOP.
Administrative Denials: The Warden, General Counsel, or Director may deny the application at their discretion, often without the application ever being considered by a court.
What to Do If Denied Compassionate Release
A denial of compassionate release can be disheartening, but it is not the end of the road. There are several steps an inmate can take to challenge the denial or improve the chances of success in a future application.
Review the Denial Notice
The first step after receiving a denial is to review the written notice provided by the BOP carefully. According to 28 C.F.R. § 571.63, the Warden, General Counsel, or Director must provide a written statement of reasons for the denial. This notice is crucial as it outlines why the compassionate release request was denied.
Evaluate the Underlying Application
After understanding the reasons for denial, the inmate should take a fresh look at their initial application. This includes a thorough review of the personal circumstances, medical records, and other supporting documentation that was part of the original submission. A comprehensive review can ensure that every aspect of the application has been considered.
Gather Additional Documentation
Securing comprehensive and up-to-date documentation is essential for a successful compassionate release application. This may involve requesting medical records from the prison’s Medical Records department or filing a Freedom of Information Act (FOIA) request to obtain relevant documents. Once these records are in hand, the inmate should carefully select the most compelling evidence to include in a revised application.
Consider Reapplying Under a Different Category
The BOP’s compassionate release policy includes several categories under which an inmate may qualify. If the initial application was denied, it may be beneficial to consider whether the inmate’s situation fits better under a different category. For example, an inmate who initially applied under the “terminal illness” category might find that their circumstances now better align with the “debilitated medical condition” category.
Resubmit the Application
The inmate can resubmit their request for compassionate release with a revised and strengthened application. This time, extra care should be taken to ensure the application is well-organized, professionally presented, and error-free. Applying through appropriate channels—preferably by hand to the Case Manager—can also help ensure it receives proper consideration.
Navigating the Appeals Process
If the Warden denies the compassionate release request, the inmate can appeal the decision through the BOP’s Administrative Remedy Program. The appeal process is governed by 28 C.F.R. part 542 subpart B and Program Statement 1330.18.
Steps to Appeal a Compassionate Release Denial
BP-9 Form (Blue Form): The first step in the appeals process is to submit a BP-9 form to the Warden. This form must be filed within 20 days of receiving the denial notice. The appeal should address the reasons for denial and provide any new evidence that supports the case for compassionate release.
BP-10 Form (Yellow Form): If the Warden denies the BP-9 appeal, the inmate can escalate the appeal to the Regional Director by filing a BP-10 form. This appeal must be submitted within 20 days of the Warden’s denial.
BP-11 Form (Pink Form): The final step in the administrative appeal process is to submit a BP-11 form to the General Counsel (Central Office). Again, this appeal must be filed within 20 days of the Regional Director’s decision.
Judicial Review: In rare cases where all administrative remedies have been exhausted, the inmate may seek judicial review. However, courts have limited authority to review compassionate release denials, and such petitions are rarely successful.
The Role of Legal Representation
Given the complexity of the compassionate release process and the high likelihood of denial, inmates should seek legal representation. An experienced compassionate release lawyer can provide invaluable assistance in reviewing the initial denial, gathering additional documentation, and crafting a compelling case for resubmission or appeal.
Attorneys can also navigate the complexities of the BOP’s policies and procedures, ensuring that the inmate’s application is presented in the best possible light. Moreover, legal professionals can apply strategic pressure on the BOP, potentially increasing the chances of a favorable outcome.
Additional Considerations: Timing and Strategy
Timing plays a crucial role in the compassionate release process. An inmate must carefully balance the urgency of their situation with the potential consequences of applying prematurely. A poorly timed application can create a harmful precedent that may impact future requests.
When considering the timing of a compassionate release application, the inmate should keep the following in mind:
- Qualifying Criteria: Ensure that the inmate’s situation meets the BOP’s criteria for compassionate release at the time of submission.
- Supporting Documentation: Gather all necessary documentation before applying to avoid delays and potential denials due to insufficient evidence.
- Strategic Resubmission: If an application is denied, the inmate should not rush to resubmit. Instead, they should take the time to address the reasons for denial and strengthen their case before filing a new request.
Compassionate Release Denial Frequently Asked Questions (FAQs)
Three officials within the BOP—namely, the Warden, General Counsel, and Director—have the authority to deny a compassionate release petition. Each of these officials can unilaterally deny a request, and their decisions are typically final, with limited avenues for appeal.
The inmate is notified in writing within 20 days of the denial. The notification must include a statement of reasons for the denial, as required by 28 C.F.R. § 571.63.
No. Inmates can file multiple compassionate release petitions. However, to increase the likelihood of success, it is advisable to address the reasons for the initial denial before resubmitting a new request.
Denial at the Warden’s level can be appealed through the BOP’s Administrative Remedy Program. However, denials by the General Counsel and the Director are considered final administrative decisions and cannot be appealed.
Statistics reflect the likelihood of denial as being high, with the BOP approving only a small percentage of applications. The success rate varies depending on the specific category under which the inmate applies and the strength of the supporting documentation.
Yes, although this is rare. If the BOP forwards a compassionate release motion to the court, the judge has the authority to deny the request. However, most cases that reach this stage involve serious medical conditions, and courts are generally inclined to grant some form of relief.
For more information on compassionate release denials, inmates and their families can refer to the BOP’s Program Statement 5050.50, the U.S. Sentencing Guidelines § 1B1.13, and 28 C.F.R. § 571.63. Additionally, consulting with an experienced attorney can provide valuable insights and guidance.
The best way to avoid a denial is to submit a well-documented and professionally prepared compassionate release petition. This includes ensuring that the inmate’s situation meets the BOP’s criteria and that all necessary documentation is included. Seeking legal assistance can also improve the chances of a successful application.
Consider hiring a compassionate release attorney with a proven track record of success. Legal professionals can help increase the likelihood of approval by ensuring the petition is well-prepared and strategically submitted. Relatedly, per the First Step Act, inmates can petition their sentencing court 30 days after submitting their compassionate release request to the Warden.
Conclusion: Compassionate Release Denials
Denials of compassionate release are a common reality for federal inmates seeking early release due to extraordinary and compelling circumstances. Understanding the reasons for denial, the steps to take after a denial, and the appeals process can help inmates navigate this challenging process more effectively. By carefully reviewing their initial application, gathering additional documentation, and considering legal representation, inmates can improve their chances of success in obtaining compassionate release.
For those facing a compassionate release denial, it is important to remain proactive and persistent. While the process is challenging, relief can be secured with the right approach and support.