What is federal compassionate release?
It is a motion asking the judge who imposed a federal sentence to shorten it (18 U.S.C. § 3582(c)(1)(A)). The judge must find “extraordinary and compelling reasons” — reasons unusual and serious enough, like a terminal illness. It is not a new trial, a pardon, or parole.
Who may qualify?
Someone whose own situation is serious: a terminal or serious medical condition, age 65 or older with declining health, a family emergency where they are the only caregiver, or abuse by prison staff. Since May 2026, two Supreme Court cases (Rutherford v. United States and Fernandez v. United States) rule out arguments based on a later sentencing change Congress did not make retroactive or on innocence. Good conduct cannot be the only reason (28 U.S.C. § 994(t)). Read who qualifies.
Do you have to ask the warden first?
Yes. The person (or family on their behalf) writes to the warden. The person can file in court 30 days after the warden receives the request, or sooner if they finish the Bureau's appeals. The three marks on this site stand for that 30-day wait. See the process.
What medical and family categories exist?
- Terminal medical condition
- Debilitated medical condition
- Elderly inmates
- Death or incapacitation of a child's caregiver
- Incapacitation of a spouse or partner
These follow the Sentencing Commission's rule, U.S.S.G. § 1B1.13. Fitting one is a start, not a guarantee.
Is the Elderly Offender Program the same thing?
No. That was a Bureau of Prisons home-detention program. It changes where the sentence is served, not how long it is. See the program page.
What if the warden already said no?
You can still go to court once the warden has had the request for 30 days. If a judge already said no, the options are different. See what to do if denied.
Should a family hire an attorney?
You do not have to. Families can gather records and help write the warden request. A lawyer can tell you whether a motion is the right next step and file it. To set up a consultation, go to the contact page. More on hiring a lawyer.
More questions, grouped by topic, are on the frequently asked questions page.
More frequently asked questions
Original page last updated September 19, 2023. Statements about the law were updated in October 2026; the box below gives today’s rules.
Compassionate release lets a person in federal prison ask for a shorter sentence when there are “extraordinary and compelling” reasons, such as serious illness, age, or a family emergency.
To answer common questions about federal compassionate release, Criminal Center wrote a set of FAQ pages, one for each topic below.
An overview of compassionate release. Start here if you are new to the topic.
Here we discuss the Terminal Medical Condition category of compassionate release. This category applies to inmates with a serious and advanced illness with an end-of-life trajectory. No specific life expectancy is required (U.S.S.G. § 1B1.13(b)(1)(A); Program Statement 5050.51).
Here we discuss the Debilitated Medical Condition category of compassionate release. This category applies to inmates with a serious condition they are not expected to recover from that substantially diminishes their ability to care for themselves in prison.
Requests based on age. The Bureau now has two categories: “New Law” elderly (age 70 and 30 years served) and elderly with medical conditions (65 or older with age-related decline). It eliminated its “Other Elderly” category on September 3, 2026. (This FAQ page was written when there were three.)
Here we discuss the Death or Incapacitation of Child’s Caregiver category of compassionate release. This applies to incarcerated parents whose minor child’s caregiver has died or become incapacitated. The Bureau dropped this category on September 3, 2026; it can still be raised in court under U.S.S.G. § 1B1.13(b)(3)(A).
Here we discuss the Incapacitation of Spouse or Partner category of compassionate release. This applies to inmates who are the only available caregiver for an incapacitated spouse or partner. The Bureau dropped this category on September 3, 2026; it can still be raised in court under U.S.S.G. § 1B1.13(b)(3)(B). Such relationships include traditional marriages, common law marriages, civil unions, and registered domestic partnerships.
Here we explain the process of seeking compassionate release. Discussed are the various steps involved, a description of reviewing officials and their actions, and the involvement of U.S. Attorneys and U.S. District Courts. These FAQs focus on the official review of a submitted request.
Here we discuss compassionate release denials, appeal of denials, and the various policies and procedures governing denials. This can be helpful to read if you’ve recently been denied compassionate release.
Here we present available statistics concerning compassionate release. We profile the number of requests submitted, approvals, and denials. We also break down requests, approvals, and denials by category of compassionate release sought.
How the statute, the Bureau's regulations, the Sentencing Commission's rule, and Bureau policy fit together.
What a lawyer does on a compassionate release case, step by step, and what to expect.
If you still have questions, email help@criminalcenter.com.