Understanding the complexities of the federal compassionate release program is crucial for anyone seeking early release from prison due to extraordinary and compelling circumstances. This article delves into compassionate release statistics, providing a comprehensive analysis that reveals the stark realities of the program. For those directly affected or advocating on behalf of someone, these insights offer guidance in navigating the often challenging and restrictive process of compassionate release within the federal system.
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Compassionate Release Statistics
In 1984, Congress empowered federal courts to reduce prisoners’ sentences when “extraordinary and compelling” circumstances justify early release. The U.S. Sentencing Commission was tasked with developing guidelines for these circumstances.
Until the passage of the First Step Act of 2018, only the Director of the Federal Bureau of Prisons (BOP) could bring such a motion. This has changed, and federal criminal defense attorneys can now file compassionate release petitions for incarcerated clients.
The Bureau of Prisons, with its primary focus on confinement, has shown an alarming level of reluctance to file motions for compassionate release. Despite criticism from Senators and the Department of Justice’s Office of the Inspector General (OIG), the Bureau remains largely indifferent to public scrutiny. This indifference is a cause for concern, as it shows a lack of compassion in handling these cases.
The 2013 Office of Inspector General Report
In 2013, the OIG conducted a comprehensive review of the BOP’s management of compassionate release requests from 2006 to 2011. The report was unequivocal: “The BOP does not properly manage the compassionate release program, resulting in inmates who may be candidates for release not being considered.” This report details the compassionate release statistics and history of the program, and its findings reveal the Bureau’s failings:
- The OIG reviewed 208 requests that Wardens referred to the Director, but the Bureau had no record of how many total applications were received by Wardens.
- Of the 208 requests, 206 were for medical reasons, such as terminal or debilitating illnesses.
- The Director approved 142 requests (68%) and denied 38 (18%).
- Of the 38 denials, 22 (58%) were based on the seriousness of the prisoner’s offense or criminal history.
- Sadly, 28 (13%) of the 206 medical applicants died while waiting for a response from the Director.
The BOP’s Response to the 2017 Senators’ Letter
On August 3, 2017, twelve U.S. Senators wrote to BOP Director Thomas Kane, expressing concerns over the Bureau’s handling of compassionate release. In response, the BOP provided the following compassionate release statistics for 2014 to 2018:
- Wardens received 817 applications based on a terminal medical condition; 405 were referred to the Director (<50%).
- Wardens received 1,106 applications based on a debilitating medical condition; 181 were referred to the Director (<20%).
- Wardens received 477 applications for elderly-medical compassionate release; 117 were referred to the Director (<25%).
- Wardens received 268 applications for elderly-non-medical compassionate release; 87 were referred to the Director (<40%).
- Wardens received 282 applications for child caregiver compassionate release; 33 were referred to the Director (<15%).
- Wardens received 109 applications for incapacitated spouse compassionate release; 15 were referred to the Director (<15%).
- From 2014 to 2018, the Director approved 306 requests for compassionate release and denied 2,405.
- During this period, 81 prisoners died while awaiting a compassionate release decision.
These statistics starkly illustrate how rarely the Bureau of Prisons grants compassionate release.
The 2018 New York Times Report
The Marshall Project and the New York Times analyzed federal data from 2013 to 2017. The findings were troubling:
- Wardens received 5,400 compassionate release applications.
- The Director approved approximately 300 applications (6%).
- Only 50 applications (2%) for non-medical release were approved.
- The Bureau provided inconsistent data to the New York Times compared to what was given to the Senators.
What Do These Compassionate Release Statistics Mean?
The data shows that the BOP is failing to manage compassionate release appropriately. The Bureau mistakenly believes it can decide whether a prisoner’s circumstances warrant a sentence reduction. However, as the Senators pointed out, this decision falls within the sentencing court’s jurisdiction. The Bureau’s role is merely administrative—if the criteria established by the U.S. Sentencing Commission are met, the Bureau is obligated to file a motion in federal court. Yet, the Bureau seems more interested in keeping inmates locked up than allowing courts to consider compassionate release cases.
If you have any questions about compassionate release statistics, please contact our compassionate release lawyers.
Compassionate Release Statistics FAQs
Determining the exact number of compassionate release requests filed each year is challenging due to discrepancies in data. The BOP reported that 3,059 requests were filed between 2014 and 2018. However, data released to the New York Times indicated that 5,400 requests were filed between 2013 and 2017. It appears that around 1,000 requests are filed annually.
While precise annual compassionate release statistics data is unavailable, the New York Times reported that the BOP Director approved 306 applications between 2013 and 2017.
Between 2014 and 2018, the Director denied 2,405 petitions. This number does not include the many requests denied by Wardens.
From 2014 to 2018, 817 applications were filed for terminal medical conditions, but only 405 were referred to the Director.
During the same period, 1,106 applications were filed for debilitated medical conditions, but only 181 were referred to the Director.
Between 2014 and 2018, 477 applications were filed for elderly medical reasons, with only 177 referred to the Director.
From 2014 to 2018, 268 applications were filed for elderly-nonmedical reasons; 87 were referred to the Director.
Between 2014 and 2018, 282 applications were filed for child-caregiver reasons, but only 33 were referred to the Director.
During this period, 109 applications were filed for incapacitated spouse or partner reasons, but only 15 were referred to the Director.
The number of inmates who die while awaiting a compassionate release decision varies depending on the dataset. Between 2006 and 2011, 28 of 206 medical compassionate release applicants (13%) died while awaiting a decision. Between 2014 and 2018, 81 federal prisoners died, according to data provided to Congress. However, the New York Times reported that between 2013 and 2017, 266 federal prisoners died while awaiting a response. These statistics underscore the serious delays in the compassionate release process.
The OIG clearly stated, “The BOP does not properly manage the compassionate release program.” Although the Bureau has had a compassionate release process since 1984, it has not established a reliable system for tracking requests, approvals, and denials. Moreover, the available data is often incomplete, untimely, and misleading.
If you have any further questions about compassionate release statistics, please schedule an initial consultation today.