Federal inmates diagnosed with a terminal medical condition can petition for compassionate release. To qualify under BOP Program Statement 5050.50, Compassionate Release/Reduction in Sentence, § 3(a), inmates must have a terminal, incurable disease with a life expectancy of 18 months or less. While functional impairment may also be considered, having a terminal medical condition is essential for this category.
To help federal inmates and their families understand the compassionate release criteria and process, we have prepared a sample petition for those who qualify under the Terminal Medical Condition category. This example is a basic template and should be customized for each individual case. Contact The Criminal Center for professional assistance, as navigating this process is highly nuanced, and making a strong first impression is crucial.
Below is an example petition in letter format, though such requests can also be called compassionate release applications, letters, or forms.
For more information, visit our terminal medical condition page or contact one of our compassionate release lawyers today.
Sample Compassionate Release Petition for a Terminal Medical Condition
John Smith
Reg. No. 12345-678
FMC Butner
P.O. Box 1600
Butner, NC 27509
January 1, 2024
Warden [Name]
FMC Butner
Old Highway 75
Butner, NC 27509
RE: Compassionate Release Petition for a Terminal Medical Condition
Dear Warden [Name],
I am John Smith, an inmate at FMC Butner, and I am requesting compassionate release under Program Statement 5050.49, Compassionate Release/Reduction in Sentence: Procedures for Implementation of 18 U.S.C. § 3582(c)(1)(A).
I specifically seek compassionate release under the Terminal Medical Condition category, as detailed in Section 3(a) of the program statement. This provision allows compassionate release for inmates diagnosed with a terminal medical condition and a life expectancy of 18 months or less. I meet both of these criteria.
After years of declining health in Bureau of Prisons custody, FMC Butner medical staff diagnosed me with ALS on December 12, 2017. This diagnosis, confirmed by the enclosed medical records, is a terminal, incurable condition. ALS is a terminal, incurable condition. While my doctors have not provided an exact life expectancy, they estimate that I have no more than 18 months to live.
Following this diagnosis, my doctors placed me in FMC Butner’s hospice program to ensure my comfort during my remaining time. I will stay here while waiting for a decision on this compassionate release petition. The question is no longer if I will die or from what, but when. I hope to spend my remaining days at home, surrounded by my loved ones.
During my time in Bureau custody, I have maintained a clean disciplinary record and actively participated in various educational and psychological programs. I earned my GED, attended Adult Continuing Education (ACE) classes, completed the Drug Education Class, and engaged in the Life Connections Program. Additionally, I have worked diligently to pay off all special assessment fees and court-ordered restitution, and I no longer have any financial obligations.
If granted compassionate release, I will live with my wife, Mrs. Jane Smith, at 123 Sample Road, Anytown, PA 12345. My wife will provide financial support and arrange for end-of-life and other necessary medical care. Given my limited time, I do not plan to work but will instead remain at home. It is my sincere wish to spend my remaining days with my family.
Thank you for considering my request. I sincerely hope you grant this Terminal Medical Condition Compassionate Release Petition, allowing me to spend my remaining time with my family. Your consideration in this matter is deeply appreciated.
Respectfully Submitted,
John Smith
Enclosures
If you need attorney assistance drafting and filing a Terminal Medical Condition Compassionate Release petition, please contact us today.