A federal inmate may be eligible for incapacitation of spouse or partner compassionate release if their spouse or registered partner becomes incapacitated. To qualify for release under these circumstances, the inmate must be the only available family member capable of caring for the spouse or registered partner. This falls under the category of incapacitation of spouse or partner compassionate release.
Table of contents
- Definition of Spouse or Registered Partner
- Understanding Incapacitation: Incapacitation of Spouse or Partner Compassionate Release
- Sample Incapacitation of Spouse or Partner Compassionate Release Petition
- The Warden’s Review
- The Institutional Committee’s Review
- The Warden’s Decision
- The Compassionate Release Process
- Incapacitation of Spouse or Partner Compassionate Release FAQs
Definition of Spouse or Registered Partner
The Bureau considers a spouse to be an individual legally married to the inmate, including those in common-law marriages recognized by their state. A registered partner is someone in a legally recognized relationship with the inmate, such as a civil union or domestic partnership. The relationship, whether a marriage or partnership, must have been established before the inmate’s arrest. The Bureau verifies this information through the pre-sentence report and other administrative documentation, like marriage certificates.
Understanding Incapacitation: Incapacitation of Spouse or Partner Compassionate Release
For purposes of incapacitation of spouse or partner compassionate release, incapacitation can be either physical or cognitive. A spouse or registered partner is considered physically incapacitated if a serious injury or debilitating physical illness renders them completely disabled, meaning they cannot perform self-care and are confined to a bed or chair. In cases of cognitive disability, severe cognitive impairment, such as Alzheimer’s disease or traumatic brain injury, must severely diminish the spouse or partner’s mental capacity or function.
Sample Incapacitation of Spouse or Partner Compassionate Release Petition
A sample incapacitation of spouse or partner compassionate release petition has been developed to assist those preparing a petition. Based on a fictional inmate, this example can guide those intending to draft and submit such a petition. While it is possible to research, draft, and submit your own compassionate release petition, contacting The Criminal Center is highly recommended. With significant experience in the incapacitation of a spouse or partner compassionate release requests, The Criminal Center can provide crucial assistance in presenting a strong petition when time is of the essence.
The Warden’s Review
When an inmate applies for incapacitation of spouse or partner compassionate release, the Warden initiates a two-stage review process. In the first stage, the Warden reviews various required documents, including:
- A statement explaining the incapacitation and confirming that the inmate is the only family member capable of providing care.
- Verifiable medical documentation of the incapacitation, along with written authorization from the inmate and others for the Warden to obtain additional documentation.
- A detailed release plan, including housing and financial arrangements for caring for the incapacitated spouse or partner.
The Institutional Committee’s Review
If the Warden decides to advance the incapacitation of spouse or partner compassionate release case, a committee—usually consisting of the inmate’s unit manager, counselor, and other staff such as social workers, psychologists, and doctors—conducts a second review. This committee gathers additional documentation, including:
- A description of the spouse or partner’s physical and mental condition detailing care received before and after the inmate’s arrest.
- Documentation showing that the inmate is the only available family member caregiver and that the spouse or partner supports the inmate’s release and intention to provide care.
This information is compiled for the Warden’s review under the compassionate release category for spouse or partner incapacitation.
The Warden’s Decision
After reviewing all documentation and the committee’s findings, the Warden makes a decision. In determining the outcome of an incapacitation of spouse or partner compassionate release petition, the Warden considers factors such as:
- Whether the inmate has a history of violent acts, including charges or convictions of domestic violence or other abuse.
- Whether the inmate lived with the spouse or registered partner before incarceration and if drugs or firearms were present in the home.
- Whether the inmate has received public assistance, held a job, and whether public assistance will be relied upon by the inmate and spouse or partner.
- Evidence of the inmate’s contact with the spouse or registered partner before and during incarceration, including proof of custodial skills and obligations.
- Participation in programming during incarceration.
- Whether the inmate is a deportable alien.
In addition to these specific considerations, the Warden must also weigh factors common to all compassionate release requests, including:
- The inmate’s criminal history, current offense, unresolved detainers, supervised release violations, sentence length, and time served.
- The inmate’s personal history, including current age, age at the time of arrest, and institutional adjustment, including disciplinary infractions.
- The inmate’s release plans including employment, medical, and financial arrangements.
- Comments from victims.
- Whether release would minimize the severity of the offense.
The Compassionate Release Process
After considering all factors, the Warden issues a decision on the incapacitation of spouse or partner compassionate release request. If the Warden denies the application, the inmate can challenge the decision through the Administrative Remedy Process, a formal process for resolving complaints within the prison system. If the Warden approves the application, the case is forwarded to the Bureau’s General Counsel, and if approved, the Director reviews it. Upon the Director’s approval, the Bureau requests the U.S. Attorney in the sentencing district to file a motion for sentence reduction. The final decision rests with the sentencing court after a hearing.
For more details on the steps and parties involved in the incapacitation of spouse or partner compassionate release process, please visit our page on the compassionate release process.
Incapacitation of Spouse or Partner Compassionate Release FAQs
Inmates qualify for this category of relief if they have a spouse or partner who has become incapacitated and if they are the only ones available to care for them.
Program Statement 5050.50, Compassionate Release/Reduction in Sentence, governs all categories of compassionate release. Section 6 addresses explicitly the incapacitation of a spouse or partner.
Three elements are required: the inmate must have a spouse or registered partner, the spouse or registered partner must have become incapacitated, and the inmate must be the “only available caregiver.”
A “spouse” is someone legally married to the inmate, including in common-law marriages. A “registered partner” is someone in a legally recognized relationship with the inmate, such as a civil union or registered domestic partnership.
Yes, the relationship must have existed before the date of the inmate’s arrest.
Incapacitation involves a “serious injury” or “debilitating physical illness” that completely disables the spouse or partner, rendering them unable to perform any self-care and confined to a bed or chair. A “severe cognitive defect” such as Alzheimer’s disease or a traumatic brain injury that impairs mental capacity or function also qualifies.
The inmate must provide the Warden with documentation of the incapacitation, a statement confirming they are the only available caregiver, a release plan outlining housing and financial arrangements, and authorization for the Bureau to access relevant information.
The committee, including the inmate’s unit manager, counselor, and other appointed staff, investigates the inmate’s case and gathers relevant documents for the Warden’s review. This includes a description of the spouse or partner’s physical and mental condition, proof that the inmate is the only available caregiver, and documentation showing that the spouse or partner supports the inmate’s compassionate release for caregiving purposes.
Several specialized factors are assessed beyond the traditional considerations. These include the inmate’s history of violence, domestic violence, and public assistance, whether the inmate lived with the spouse or partner before incarceration, and the presence of drugs, firearms, or dangerous substances in the home. Additionally, the degree of contact and responsibility for the spouse or partner, evidence of spousal abuse or neglect, custodial skills, outstanding financial obligations, detainers, work history, and participation in prison programs are also considered.
This category of compassionate release is among the least likely to succeed. Between 2014 and 2018, 3,059 compassionate release petitions were filed, with only 109 for the incapacitation of spouse or partner compassionate release category. Of these, 15 were referred to the Director. While the number of granted petitions is unknown, only 306 requests across all categories were approved by the Director, and 2,405 were denied. The remaining petitions were unresolved during the period, or the inmates died before a decision was made.
Due to the challenges in obtaining compassionate release, it is crucial to submit a professional and complete petition with all supporting documentation on the first attempt. Retaining a compassionate release attorney can significantly enhance the chances of success.
The Criminal Center has a proven record of success with incapacitation of spouse or partner compassionate release cases. We can thoroughly investigate your circumstances, gather all necessary documentation, draft the petition, and submit the packet to your Warden. We also monitor the petition’s progress and apply pressure as needed to give your request the best possible chance for a favorable outcome. Contact our compassionate release lawyers today to get started.