Federal prisoners generally serve 85 percent of their sentence, but compassionate release offers a critical exception. Compassionate release allows for early release when prisoners present “extraordinary and compelling” circumstances. This page outlines the laws, statutes, regulations, guidelines, and policies governing federal compassionate release.
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Federal Compassionate Release Statute
Congress authorized compassionate release under the Sentencing Reform Act of 1984, codified in 18 U.S.C. § 3582(c)(1)(A). This statute allows federal prisoners to seek early release based on “extraordinary and compelling” reasons. The First Step Act of 2018 significantly changed this law, enabling prisoners to petition the court directly for compassionate release, bypassing the Bureau of Prisons (BOP) as the sole gatekeeper.
Under this statute, a court may reduce a prisoner’s term of imprisonment after considering the factors outlined in 18 U.S.C. § 3553(a). The court must find that “extraordinary and compelling reasons” warrant a reduction and that the reduction aligns with applicable policy statements issued by the U.S. Sentencing Commission.
U.S. Sentencing Commission Guidelines
The United States Sentencing Commission (USSC) defines “extraordinary and compelling” reasons for compassionate release in U.S. Sentencing Guidelines § 1B1.13. As of November 2023, these guidelines were updated to include broader and more inclusive criteria for compassionate release.
The new compassionate release guidelines now cover five categories:
- Medical Condition of the Defendant: This category includes prisoners with terminal illnesses or serious medical conditions that substantially diminish their ability to provide self-care in prison.
- Age of the Defendant: This applies to prisoners aged 65 or older who suffer from significant health deterioration due to aging and have served at least 10 years or 75 percent of their sentence, whichever is less.
- Family Circumstances: This includes cases where the caregiver of the prisoner’s minor child has died or become incapacitated or where the prisoner’s spouse or registered partner is incapacitated, leaving the prisoner as the only available caregiver.
- Victims of Abuse: This new guideline considers the extraordinary circumstances of prisoners who have suffered sexual or significant abuse within the prison system, potentially justifying a sentence reduction.
- Other Reasons: This catch-all provision allows for compassionate release for other compelling reasons not explicitly listed but deemed significant by the court.
These revised compassionate release guidelines give courts broad discretion to grant compassionate release based on the totality of circumstances.
Federal Regulatory Law
The regulatory framework for compassionate release is outlined in 28 C.F.R. Part 571, Subpart G. These regulations detail the Federal Bureau of Prisons’ procedures when evaluating compassionate release requests.
According to 28 C.F.R. § 571.61, prisoners must submit their requests to the Warden. If approved, the request is forwarded to the General Counsel and then to the Director of the BOP. If the Director approves the request, they will ask the U.S. Attorney for the sentencing district to file a motion for sentence reduction in federal court.
If the Warden denies the request, prisoners can appeal the decision through the BOP’s Administrative Remedy Program, as per 28 C.F.R. § 571.63. However, the First Step Act allows prisoners to petition the court directly for compassionate release after exhausting administrative remedies or if the Warden fails to respond within 30 days.
Bureau of Prisons Compassionate Release Policy
The BOP’s compassionate release policy is detailed in Program Statement 5050.50, last updated in 2022 to reflect the changes brought by the First Step Act. This policy outlines the BOP’s criteria for evaluating compassionate release requests, including those based on medical conditions, age, and family circumstances.
While the BOP’s compassionate release policy historically differed from the USSC’s guidelines, the First Step Act has shifted much of the decision-making power to the courts. BOP policy still plays a role, but courts now have the final say in determining compassionate release eligibility.
Compassionate Release FAQs: Understanding the Law, Guidelines, and Policies
The federal compassionate release statute, 18 U.S.C. § 3582(c)(1)(A), allows federal prisoners to request early release from prison based on “extraordinary and compelling” reasons. The statute was significantly amended by the First Step Act of 2018. It empowers prisoners to petition the court directly for compassionate release, even if the Bureau of Prisons (BOP) does not support their request.
The new compassionate release guidelines issued by the U.S. Sentencing Commission expand the criteria for “extraordinary and compelling” reasons. These guidelines now include medical conditions, age, family circumstances, and even situations involving abuse within the prison system. The new guidelines grant courts broader discretion to evaluate each case individually.
Under the compassionate release law, courts must consider factors outlined in 18 U.S.C. § 3553(a) when deciding on a compassionate release request. These factors include the nature of the offense, the defendant’s history, the need to protect the public, and the need to provide the defendant with necessary medical care. The court must also determine that the reduction in sentence aligns with the applicable U.S. Sentencing Guidelines.
Yes, the U.S. Sentencing Commission’s guidelines are crucial in shaping compassionate release decisions. However, the guidelines are not binding. Courts use them as a framework but can grant compassionate release based on a broader range of circumstances, as the First Step Act allows.
The Bureau of Prisons (BOP) is responsible for the initial review of compassionate release requests under its Program Statement 5050.50. This program statement outlines the BOP’s criteria for evaluating requests based on medical conditions, age, and family circumstances. However, under the First Step Act, prisoners can take their case directly to the court if the BOP denies or delays a request.
Federal courts have the final authority to grant or deny compassionate release. While the BOP can recommend release, the courts make the ultimate decision, especially in light of the expanded powers granted to them by the First Step Act. This shift in authority means that courts can independently assess the merits of each case.
Yes, there have been several recent changes to federal compassionate release law, particularly with the passage of the First Step Act and updates to the U.S. Sentencing Guidelines. These changes have expanded eligibility criteria, allowing courts to grant compassionate release based on a broader set of “extraordinary and compelling” reasons.
The compassionate release guidelines identify five key categories that can justify early release: medical conditions, age, family circumstances, victims of abuse, and other compelling reasons. These categories ensure that the courts consider a comprehensive range of factors when evaluating compassionate release requests.
The compassionate release statute was significantly impacted by the First Step Act, which expanded the ability of prisoners to seek early release. Before the First Step Act, only the BOP could file a motion for compassionate release. Now, prisoners can file a motion directly with the court, making it easier for those with valid claims to have their cases heard.
The compassionate release policy will likely continue evolving, with ongoing legislative efforts and updates from the U.S. Sentencing Commission. Future changes may further expand the eligibility criteria or streamline the process, making compassionate release more accessible to those in need.
For more information on federal compassionate release law or to discuss compassionate release options, contact our compassionate release lawyers today.