Navigating the compassionate release process from federal prison is a complex undertaking. However, you can significantly increase your chances of success by gaining a comprehensive understanding of each step in the federal compassionate release review process and being aware of potential pitfalls. This page is designed to empower you with the knowledge to navigate the entire process of compassionate release in federal prison, ensuring you are well-prepared and in control of your situation.
If you or a loved one is considering seeking compassionate release, it’s important to remember that having an experienced compassionate release lawyer can significantly improve the outcome. The Criminal Center has a successful track record of guiding individuals through the compassionate release review process. We can provide you with the reassurance and confidence you need during this challenging time.
Table of contents
The Initial Compassionate Release Process Step: Submitting a Request to the Warden
The process of compassionate release in federal prison begins when the prisoner submits a request to the Warden. Given the high stakes, the prisoner must complete and support the application with all necessary documentation. At a minimum, the prisoner must detail the extraordinary and compelling circumstances justifying release and provide a comprehensive release plan. If the request is based on a medical condition, the prisoner should also include information on where they will receive treatment and how it will be funded.
Once the Warden receives the application, they promptly initiate the compassionate release review process. Depending on the circumstances, the Warden may request additional documents to verify the criteria are met. For instance, if the request involves the death of a child’s caregiver, the prisoner must include twelve additional categories of documentation. Similarly, requests based on the incapacitation of a spouse or registered partner require extensive additional documentation to proceed with the federal compassionate release process.
What Happens After Submitting the Request?
The Warden makes the decision at the local level. If the request is denied, the prisoner can appeal through the Bureau’s Administrative Remedy Program or file a motion with the original sentencing court. This marks a crucial point in the federal compassionate release process.
If the Warden approves the request, they forward it to the Bureau’s Office of General Counsel for further review and processing. This step is crucial in the compassionate release process, as it represents the final local decision before the application moves to the next stage.
Central Office Review and U.S. Attorney’s Office Action
If the General Counsel determines that the request warrants approval, they seek the opinion of the Medical Director (for medical-based requests) or the Assistant Director Correctional Programs Division (for non-medical requests). The General Counsel then forwards the complete package, including these opinions, to the Director of the Bureau of Prisons, continuing the federal compassionate release process.
The Director of the Bureau of Prisons makes the final decision in this process. If the Director approves the application, they contact the U.S. Attorney in the sentencing jurisdiction and request that a motion be filed on the Bureau’s behalf to reduce the prisoner’s sentence to time served, marking a critical point in the process of compassionate release in federal prison.
The sentencing court then holds a hearing to consider evidence, including the Bureau’s recommendation and supporting documentation. The court’s decision is final. If the court grants the motion, the Bureau promptly releases the prisoner.
Frequently Asked Questions About the Federal Compassionate Release Process
The Warden of the institution receives the initial request and supporting documentation, starting the compassionate release process.
The Warden’s actions depend on the type of petition filed. For medical reasons, the Warden forwards it to the prison’s Clinical Director, who drafts a medical summary and a recommendation. If the petition is based on the death or incapacitation of a caregiver, the Warden convenes a committee to investigate and gather relevant information. For non-medical or non-family-related petitions, the Warden makes the decision independently as part of the compassionate release review process.
If the Warden denies the request, they provide the inmate with a written explanation within 30 days per the First Step Act. The inmate can then appeal through the Bureau’s Administrative Remedy Program, continuing through the federal compassionate release process.
Yes, there are no limits on the number of attempts. However, it’s important to remember that patience is vital. It’s wise to wait for a change in circumstances before refiling. For more details, visit our page on what to do if compassionate release is denied.
The Warden forwards the application to the Office of General Counsel for further review and processing, advancing the federal compassionate release process.
If the General Counsel agrees with the request, they forward it to the Medical Director (for medical petitions) or the Associate Director of the Correctional Programs Division (for non-medical petitions).
They review the request, ensure it complies with the guidelines, render a recommendation, and send it back to the General Counsel, who then forwards it to the Director for final review, continuing the process of compassionate release in federal prison.
The inmate receives a written reason for denial within 20 days. This denial is final and not appealable, but the inmate may submit a new request anytime.
The Director forwards the case to the U.S. Attorney for the inmate’s district of conviction to file a motion for a sentence reduction. If the court approves, the inmate’s sentence is modified to time served, though supervised release terms may still apply, completing the federal compassionate release process.
The Bureau releases the inmate after transportation and necessary medical care are arranged.
The Bureau of Prisons often moves slowly with compassionate release petitions. To speed up the process and increase the chances of success, we recommend hiring experienced legal counsel. The Criminal Center has extensive experience in handling the compassionate release process. We can help by preparing and submitting a top-quality petition and providing oversight to ensure the best possible outcome in the federal court.
If you still have questions about the process of compassionate release in federal prison, book an initial consultation to speak with an attorney.