Federal prisoners with minor children can petition for compassionate release when their child’s caregiver dies or becomes incapacitated. This Death or Incapacitation of Child’s Caregiver Petition enables inmates to assume responsibility for their children during critical times.
Under Program Statement 5050.50 of the federal prison system, an inmate qualifies for compassionate release if their child’s caregiver—a family member—dies, suffers a severe injury, or becomes incapacitated by a severe illness, such as cancer, rendering them unable to care for the child. This is a key aspect of the Death or Incapacitation of Child’s Caregiver Petition.
Below is a sample petition based on a fictional inmate to clarify the compassionate release process. This example demonstrates what such a petition might look like. While presented in letter format, these petitions are also called compassionate release applications or forms.
Navigating this process alone is challenging, and we strongly advise against it. At The Criminal Center, our experienced compassionate release lawyers stand ready to assist in researching, drafting, and submitting a compassionate release petition for your incarcerated loved one. Our support can significantly increase the chances of securing a successful Death or Incapacitation of Child’s Caregiver Petition.
For more information about the criteria and this category of compassionate release, visit our Death or Incapacitation of Caregiver page.
Sample Compassionate Release Petition for Death or Incapacitation of Caregiver
Jessica Snyder
Reg. No. 56789-012
FCI Seagoville
P.O. Box 9000
Seagoville, TX 75159
June 6, 2024
Warden [Name]
FCI Seagoville
2113 North Highway 175
Seagoville, TX 75159
RE: Compassionate Release Petition for Death or Incapacitation of Caregiver
Dear Warden [Name],
I am Jessica Snyder, currently incarcerated at FCI Seagoville, and I am submitting this petition for compassionate release under Program Statement 5050.50, Compassionate Release/Reduction in Sentence: Procedures for Implementation of 18 U.S.C. § 3582(c)(1)(A).
This petition falls under the Death or Incapacitation of Caregiver category outlined in Section 5 of the program statement. According to this policy, inmates with minor children whose family member caregiver has died or become incapacitated due to severe injury or illness are eligible for compassionate release. Specifically, my husband’s illness qualifies this petition as a Death or Incapacitation of Child’s Caregiver Petition.
As the biological mother of two children, Brian (14) and Jessica (12), I am in a dire situation. On May 27, 2018, my husband, Stephen Snyder, was diagnosed with cancer and is currently undergoing chemotherapy at a local hospital. His lung cancer has led to complications, confining him to the hospital, which resulted in our children being placed in the custody of Child Protective Services. No other family members are available to care for the children except me.
In accordance with PS 5050.50 at § 5(a), I have enclosed the required documentation:
- A letter from my husband’s doctor
- A letter from CPS
- Certified copies of my children’s birth certificates
Additionally, I authorize the Bureau of Prisons to obtain any necessary information about me and my family.
As my husband is incapacitated and my children are without a family member caregiver, I urgently request release to fulfill my parental responsibilities. I am the only family member capable of caring for them, and I firmly believe my release would be in their best interest.
Since my incarceration in 2014, I have completed multiple drug treatment programs, including the Drug Education Class, Non-Residential Drug Abuse Program (NR-DAP), and Alcoholics Anonymous/Narcotics Anonymous. I have also earned my GED and participated in Adult Continuing Education (ACE) classes while maintaining a clean incident report record. All these efforts show my readiness for the responsibilities outlined in the Death or Incapacitation of Child’s Caregiver Petition.
I am fully prepared to take on this responsibility if granted compassionate release to care for my children. I will reside in our family home at 789 Cherry Street, Charleston, SC 00000. I will return to work as a tax preparer at Charleston Tax Preparers, allowing me to immediately provide for my children’s care upon release. I will also secure health insurance to cover any medical needs.
I respectfully ask that you grant this compassionate release petition so I can return home to care for my children. They have no one else but the state to care for them, and their place is with their parents in the home and school they know.
Thank you for considering this request. I understand the weight of this decision, and I am grateful for your time and consideration. This is not just about my life but also about the lives of two innocent children who desperately need their mother.
Respectfully Submitted,
Jessica Snyder
Enclosures
If you need assistance with a compassionate release petition due to the Death or Incapacitation of Child’s Caregiver, schedule an initial consultation. Our team is happy to discuss the compassionate release guidelines and how we can help.