Compassionate Release Frequently Asked Questions (FAQs)

Welcome to our Compassionate Release FAQs page, a crucial resource where we provide detailed answers to the most frequently asked questions about compassionate release. Whether you’re seeking information for yourself or a loved one, this comprehensive resource is designed to guide you through the compassionate release process, explaining eligibility, application procedures, and recent legal developments. Explore the key aspects of compassionate release with our expertly curated FAQs to better understand this critical avenue for early release from federal prison.

What is compassionate release?

Compassionate release allows federal prisoners to request a sentence reduction for “extraordinary and compelling” reasons. These reasons can include terminal medical conditions, serious health issues, the need to care for a close family member, inadequate medical care in prison, changes in the law, or other factors that a judge may consider “extraordinary and compelling.”

What laws and policies govern compassionate release?

Compassionate release is governed by 18 U.S.C. § 3582(c)(1)(A), federal court rulings, U.S. Sentencing Guideline § 1B1.13, and Bureau of Prisons (BOP) Program Statement 5050.50, which outlines Compassionate Release/Reduction in Sentence. The guidelines from the U.S. Sentencing Commission are the most instrumental authority.

Who qualifies for compassionate release?

Federal prisoners demonstrating “extraordinary and compelling reasons” may qualify for compassionate release. While the statute intentionally leaves this standard vague, federal courts rely on case law, U.S.S.G. § 1B1.13, and other factors to determine whether a prisoner’s circumstances meet the criteria for sentence reduction.

Why do different standards for compassionate release exist?

The primary standard for compassionate release is the presence of “extraordinary and compelling” reasons. The Bureau of Prisons (BOP) follows its internal policies when deciding whether to request compassionate release on behalf of a prisoner. However, in most cases, the prisoner directly files a motion with the court, bypassing the BOP’s internal policies. The court then reviews the motion based on federal case law, U.S.S.G. § 1B1.13, and other relevant factors.

What are the BOP’s medical criteria for compassionate release?

The BOP’s criteria for compassionate release include specific categories such as Terminal Medical Condition and Debilitated Medical Condition. To qualify under the terminal category, an inmate must have a terminal, incurable disease with a life expectancy of 18 months or less. For the debilitated category, an inmate must suffer from an incurable, progressive illness or a debilitating medical condition that significantly impairs their ability to care for themselves.

What are the BOP’s criteria for elderly inmates seeking compassionate release?

The BOP divides elderly inmates into three categories: “New Law” Elderly Inmates, Elderly Inmates with Medical Conditions, and Other Elderly Inmates.

• “New Law” Elderly Inmates must have committed their offense on or after November 1, 1987, be 70 or older, and have served at least 30 years.

• Elderly Inmates with Medical Conditions must be 65 or older, have chronic or serious medical conditions related to aging, and have served at least half of their sentence.

• Other Elderly Inmates must be 65 or older and have served the greater of 10 years or 75% of their sentence.

What are the BOP’s non-medical criteria for compassionate release?

The BOP’s non-medical criteria for compassionate release include:

• Death or Incapacitation of the Family Member Caregiver: This allows inmates to be released to care for their children when the family member responsible for the child’s care has died or become incapacitated.

• Incapacitation of a Spouse or Registered Partner: This allows inmates to be released if their spouse or partner is unable to care for themselves due to a serious injury, debilitating illness, or severe cognitive defect.

How can a federal inmate request compassionate release?

An inmate or their compassionate release lawyer must submit a written compassionate release request to the Warden, outlining the relevant background information, the specific provision under which they apply, and their proposed release plan. This starts the compassionate release process. After submitting the request, the inmate must wait 30 days before filing a motion for compassionate release with the court if the Warden does not respond. This is a requirement of the First Step Act.

What happens after the Warden receives the compassionate release request?

If the request is based on medical grounds, the Warden will refer it to the institution’s Clinical Director for a medical summary and recommendation. For non-medical or elderly inmate requests, this step is not required. The Warden will then evaluate the petition and decide whether to approve or deny it.

What factors does the Warden consider when making a decision?

The Warden considers several factors when evaluating a compassionate release request, including:

• The inmate’s background
• The type of compassionate release requested
• The nature and circumstances of the offense
• The inmate’s criminal history
• Victim statements
• Unresolved detainers
• Supervised release violations
• The inmate’s institutional adjustment and disciplinary record

What if the Warden denies the compassionate release request?

If the Warden denies the request, the inmate will receive a written explanation. The inmate can appeal the denial through the BOP’s Administrative Remedy Program, but they are not required to do so before filing a motion for compassionate release with the court.

What happens if the Warden approves the compassionate release request?

If the Warden approves the request, it will be forwarded to the Bureau’s General Counsel. If the General Counsel also approves, the request will be sent to the Medical Director or the Associate Director of the Correctional Programs Division for an opinion, depending on whether the request is based on medical or non-medical reasons. The Director of the BOP makes the final decision.

What if the Director of the BOP denies the petition?

The Director’s decision is the final agency action and cannot be appealed. However, even if the Director denies the request, the inmate can still file a compassionate release motion with the court independently.

What happens if the Director approves the petition?

If the Director approves the petition, the case is sent to the U.S. Attorney in the district where the inmate was sentenced. The U.S. Attorney then files a motion with the court to reduce the inmate’s sentence, typically resulting in the inmate’s release once transportation and medical care arrangements are made.

Can U.S. District Court judges deny compassionate release motions filed by the BOP?

Yes, although it is rare. While courts have denied many compassionate release motions filed by prisoners, denials of motions filed by the BOP are uncommon.

How likely is the BOP to request compassionate release?

Unfortunately, the chances are low. However, it’s important to remember that statistics show the BOP Director grants about 6% of compassionate release requests. Between 2013 and 2017, the BOP approved around 300 compassionate release petitions out of 5,400 requests, with 98% of approvals based on medical reasons. This shows that success is possible, and remaining hopeful is essential.

What is U.S. Sentencing Guideline 1B1.13?

U.S. Sentencing Guideline 1B1.13 is a policy statement that outlines what qualifies as “extraordinary and compelling” reasons for compassionate release. It serves as a guide for courts in making these determinations.

Is U.S. Sentencing Guideline 1B1.13 binding?

U.S.S.G. 1B1.13 is binding on motions filed by the Director of the BOP. However, in most federal circuits, it does not limit the court’s ability to grant compassionate release on motions filed by prisoners. Starting November 1, 2023, an amendment to U.S.S.G. 1B1.13 broadened the grounds and guidelines for compassionate release, potentially making it more accessible to federal prisoners across the United States.

Who can make a compassionate release request to the courts?

A federal prisoner can request a compassionate release to the courts directly or through their attorney. If a prisoner believes they have “extraordinary and compelling” reasons for a sentence reduction, they can file a motion with the court after submitting a written request to the Warden and waiting 30 days, or immediately if the Warden denies it. Family members or other representatives cannot file the motion directly, but they can assist the prisoner in preparing the necessary documentation.

What are the conditions of compassionate release?

The conditions of compassionate release generally require that the prisoner presents “extraordinary and compelling” reasons for a sentence reduction. These conditions can include terminal illness, debilitating medical conditions, severe health deterioration due to aging, the death or incapacitation of a family member caregiver, or other significant circumstances. Additionally, the court will consider factors such as the nature of the offense, the prisoner’s criminal history, their behavior in prison, and any potential threat they might pose to the community if released. The court must be convinced that the prisoner no longer poses a danger to society and that the release aligns with the principles of justice.

How to get a compassionate release?

To get a compassionate release, a federal prisoner or their attorney must first submit a written request to the Warden of their facility, explaining the “extraordinary and compelling” reasons for seeking a sentence reduction. This request should include relevant details, such as medical records, family circumstances, and a release plan. If the Warden does not respond within 30 days or denies the request, the prisoner can file a motion for compassionate release with the court. The court will then review the motion, considering the applicable laws, sentencing guidelines, and any input from the U.S. Attorney’s Office. If the court grants the motion, the prisoner’s sentence will be reduced, often to time served, and they will be released as soon as the necessary arrangements are made.

Where can I turn for additional help?

Contact The Criminal Center today to schedule an initial consultation with our team. While we have developed example requests to the Warden, to give your compassionate release petition the best possible chance, you need an experienced and dedicated compassionate release lawyer on your side.