Federal prisoners can file an Incapacitation of Spouse or Partner Petition for compassionate release to provide care for their loved ones.
Under BOP Program Statement 5050.50, Section 6, an inmate may qualify for compassionate release if their spouse or registered partner suffers from a severe injury, debilitating illness, or cognitive defect that renders them incapacitated. The criteria and guidelines require the inmate to be the only available caregiver for their incapacitated spouse or partner.
Sample Petition for Compassionate Release
Below is a sample petition for compassionate release under the “Incapacitation of Spouse or Registered Partner” category. This example illustrates how to structure such petitions. If you know an inmate whose spouse or registered partner has recently become incapacitated, it’s crucial to seek experienced legal assistance for the compassionate release process. Our compassionate release lawyers can help with the Incapacitation of Spouse or Partner Petition and has extensive experience in these cases to build a strong petition.
Incapacitation of Spouse or Partner Compassionate Release Petition
Mark Johnson
Reg. No. 67890-123
FCI Texarkana
P.O. Box 7000
Texarkana, TX 75505
July 7, 2024
[Warden’s Name]
FCI Texarkana
4001 Leopard Drive
Texarkana, TX 75501
RE: Compassionate Release Petition for Incapacitation of Spouse
Dear Warden [Warden’s Name],
My name is Mark Johnson, and I am incarcerated at FCI Texarkana. I am writing to petition for compassionate release under Program Statement 5050.50, Compassionate Release/Reduction in Sentence, as it applies to the Incapacitation of Spouse category in Section 6.
My wife, Rebecca Johnson, suffered a traumatic brain injury on May 19, 2018, due to a car accident. She was rushed to Dallas Memorial Hospital, where her life was saved, but she remains completely disabled and bedridden. While hospitalization is no longer necessary, she requires full-time care for all daily activities. Unfortunately, our family cannot afford in-home nursing or nursing home care. I am the only available person who can provide the care she desperately needs, and the situation is becoming increasingly urgent.
To support this petition, I have enclosed a copy of our marriage certificate and a letter from her doctor detailing her condition and the necessity for a live-in caregiver. My PSR confirms that I was married to Rebecca before my incarceration.
In addition to my wife’s condition, I have maintained a mostly clear disciplinary record, with only a few non-violent infractions that pose no security threat. During my incarceration, I have participated in drug abuse treatment programs and completed several Adult Continuing Education (ACE) classes.
If granted compassionate release through the Incapacitation of Spouse or Partner Petition, I am fully prepared to reside in my family’s home at 1578 Middle Street, Dallas, TX 00000, where I will care for my wife. My retirement pension will support us, and our health insurance covers her medical needs. I am ready and capable to take on this responsibility.
As per PS 5050.50, Section 6(a), I authorize the Federal Bureau of Prisons to obtain any necessary documentation to verify the facts presented and other relevant information required to process this compassionate release request.
Thank you for considering my request. My wife urgently needs a caregiver, and I am best suited for this role. I am grateful for your time and consideration in this matter.
Respectfully submitted,
Mark Johnson
Enclosures
If you need help drafting a petition for compassionate release due to the incapacitation of a spouse or partner, contact us today.