How the First Step Act Transformed Federal Compassionate Release

The First Step Act of 2018 brought about significant changes to the federal compassionate release process, addressing the long-standing challenges inmates and their families faced under the previous law. This article delves into the key reforms introduced by the First Step Act and their impact on the compassionate release program, providing a clear understanding of what inmates and their loved ones can now expect when seeking compassionate release.

Understanding First Step Act Compassionate Release

Compassionate release allows federal inmates to secure an early release from custody under exceptional circumstances. Unlike parole, which depends on an inmate’s behavior, compassionate release hinges on extraordinary changes in an inmate’s condition, usually for medical or humanitarian reasons.

The most common scenario for compassionate release involves inmates with terminal illnesses who are expected to live only a short time. However, inmates suffering from non-terminal but serious medical conditions may also qualify, especially if prison conditions make proper care impossible. For instance, an inmate with Alzheimer’s disease might be eligible for compassionate release. Compassionate release for familial reasons, such as being the sole caregiver for a minor child, is rarely granted. Historically, compassionate release has been challenging and limited to inmates facing difficult circumstances.

What Is the First Step Act of 2018?

The First Step Act of 2018 is a landmark federal criminal justice reform that modifies the federal compassionate release framework. It represents the first major criminal reform law enacted in over a decade since the Second Chance Act. Title VI, Section 603 of the First Step Act specifically addresses reforms to compassionate release.

Although the compassionate release reforms in the First Step Act are not as extensive as some advocates hoped, they represent significant improvements over previous legislation, making compassionate release more accessible for many inmates.

Compassionate Release Before the First Step Act

Before the First Step Act, the Federal Bureau of Prisons (BOP) held almost exclusive control over the compassionate release process. Even after the Act, the BOP’s role remains significant, but with notable changes.

Only the BOP Could File a Motion for Compassionate Release

Inmates could not directly petition their sentencing court for compassionate release. They depended entirely on the BOP to file a motion on their behalf. If the BOP refused to file, inmates could not challenge the decision, even if they met all the criteria for compassionate release.

Many Sick and Elderly Inmates Were Left Incarcerated

Statistics from 2013 to 2017 highlight the need for reform. The BOP approved only 6% of the 5,400 compassionate release applications it received during that period. Meanwhile, 266 inmates who requested compassionate release died in prison while awaiting a final decision. Expanding access to compassionate release for sick and elderly inmates was a primary goal for criminal justice reformers who supported the First Step Act.

Appeals Were Limited to the Administrative Remedy Program

If the BOP denied an inmate’s compassionate release request, the inmate had to follow the procedures outlined in 28 C.F.R. § 571.63, starting with a written appeal to the warden. If denied again, the inmate had 20 days to appeal to the Regional Director, and a final appeal could be made to the BOP’s General Counsel. Courts had no authority to review these appeals, leaving the BOP’s decisions unchecked.

Courts Made the Final Decision on BOP Motions

Even when the BOP filed a motion for compassionate release, the district court had to rule on it. Courts usually granted these motions because the BOP’s screening process was so stringent. If the district court denied the motion, the inmate could appeal to the U.S. Court of Appeals.

Changes to First Step Act Compassionate Release

While the First Step Act does not alter the legal standards or guidelines for compassionate release, it does change how inmates can pursue it if the BOP fails to act.

Inmates Can File Their Own Motions for Compassionate Release

Under the First Step Act, inmates still initiate the process by petitioning the BOP. However, if the BOP fails to act within 30 days, inmates can file their motion directly with the district court. They can also file in court after exhausting all administrative remedies, providing a clear path for inmates to pursue compassionate release.

These changes, while important, do not guarantee an easy path to compassionate release. Inmates must either wait 30 days without a response from the warden or exhaust all administrative appeals before turning to the court.

First Step Act Compassionate Release Protects Terminally Ill Inmates

The First Step Act of 2018 provides vital protections for terminally ill inmates, ensuring they receive timely support for compassionate release. It mandates prompt family notification, facilitates visitations, and requires the Federal Bureau of Prisons (BOP) to assist with release petitions. By requiring the BOP to report annually to Congress, the Act promotes transparency and ensures terminally ill inmates are treated with dignity and compassion.

Notification of Family Members

When an inmate is diagnosed with a terminal illness, the BOP must notify the inmate’s counsel, family, and legal partner within 72 hours. This notification allows the family to arrange visits and the attorney to prepare a compassionate release petition.

Family Visitations

The Act requires the BOP to schedule a family visit within seven days of a terminal illness diagnosis. The BOP cannot deny this visit due to security concerns or the inmate’s past behavior.

BOP Assistance with Compassionate Release Petitions

The Act restricts the BOP’s ability to obstruct a terminally ill inmate’s compassionate release petition. If the inmate, their attorney, or family requests information to complete the petition, the BOP must provide it promptly. The BOP must also process compassionate release requests from terminally ill inmates within 14 days without extending the 30-day waiting period for appeals to the district court.

Additionally, the BOP must post information about the compassionate release process in visible areas within the prison, ensuring inmates know their rights to appeal denials directly to the court.

Annual Report to Congress

Under the First Step Act, the BOP must report annually to Congress on the compassionate release process. This report, which includes data on the number of petitions filed, processing times, family visit requests denied, and the reasons for those denials, increases transparency and ensures that the compassionate release process is fair and accountable.

Our Compassionate Release Attorneys Are Here to Help

If you or a loved one are considering compassionate release, you don’t have to navigate the process alone. Our experienced attorneys are here to guide you, answer your questions, and help you secure the best possible outcome. Contact our compassionate release lawyers to get the support you need.

First Step Act Compassionate Release Frequently Asked Questions (FAQs)