There are three steps: a written request to the warden, a 30-day wait, and then a motion in the court that imposed the sentence. You cannot skip the warden. Since the First Step Act of 2018, you also do not need the Bureau of Prisons' permission to go to court.

1. A written request to the warden

The person in prison (or a family member or lawyer on their behalf) writes to the warden. The request should say why the situation is extraordinary and compelling — unusual and serious enough to justify a shorter sentence.

It should also include a release plan: where the person will live, how they will support themselves, and, if the request is about health, where they will get medical care and how it will be paid for (28 C.F.R. § 571.61). A one-line note may start the clock, but it will not convince anyone.

The 30-day clock starts when the warden actually receives the request, not when it was mailed. Keep proof of the date it was received.

2. Wait 30 days, or finish the Bureau's appeals

You can file in court 30 days after the warden receives the request, or sooner if you finish the Bureau's appeal process first — whichever comes first (18 U.S.C. § 3582(c)(1)(A)). If the warden never answers, 30 days of silence is enough.

For a terminal illness, the law gives the Bureau 14 days to process a request (18 U.S.C. § 3582(d)(2)(A)). That deadline does not change your right to go to court after 30 days.

What happens inside the Bureau

If the warden recommends approval, the request goes to the Bureau's Office of General Counsel. General Counsel gets the opinion of the Medical Director (for medical requests) or a senior official in Correctional Programs (for other requests), and the opinion of the federal prosecutor in the district where the person was sentenced. The Director of the Bureau makes the final call. If the Director approves, the prosecutor files the motion in court (28 C.F.R. § 571.62; Program Statement 5050.51, September 3, 2026).

If the warden denies the request, the person can appeal through the Bureau's Administrative Remedy Program — the BP-9, BP-10, and BP-11 forms. A denial by General Counsel or the Director is final inside the Bureau (28 C.F.R. § 571.63). None of this stops you from filing in court once 30 days have passed.

A few other points from the Bureau's current rules:

  • People in halfway houses or on home confinement can apply.
  • Someone who already got a reduction, was released, and came back to Bureau custody cannot get Bureau consideration again.
  • The Bureau no longer has its own family categories. Family emergencies go to the judge under U.S.S.G. § 1B1.13(b)(3), after the warden request and the 30-day wait. Proof still matters: death or medical records, proof of the relationship, and a release plan that shows who will be cared for and how.

The warden's workload page explains what goes into the warden's referral package.

3. The motion in court

The motion goes to the judge who imposed the sentence. The government gets to respond. To grant it, the judge must find extraordinary and compelling reasons, find that a reduction fits the Sentencing Commission's rule (U.S.S.G. § 1B1.13), and weigh the sentencing factors in 18 U.S.C. § 3553(a).

If the judge says yes, the result can be release with time served, a shorter prison term, or the rest of the sentence served on supervised release or probation. It is not a finding of not guilty.

What to gather now

  • The judgment — the court's written sentencing order — and the case number (docket number) from the top of it.
  • The PSR (presentence report), the probation office's report on your loved one and the case, if they have a copy. It holds the medical and family history the judge already saw.
  • BOP medical records (BOP means the Federal Bureau of Prisons). See how to get them.
  • A copy of the warden request, and proof of the date the warden received it.
  • A release plan: an address, who will help, and where medical care will come from.

What not to do

  • Don't talk about the case on prison phones. Calls are monitored, except properly placed calls to a lawyer (28 C.F.R. § 540.102). TRULINCS email is monitored too.
  • Don't rush to file a motion in court without advice when no deadline is pressing. A weak first motion can make the next one harder. If your loved one is dying, though, move fast and say so in every request.

What a motion cannot argue after May 28, 2026

Two Supreme Court cases decided that day limit what a motion can say, even if every step above was done right.

  • Rutherford v. United States: you cannot ask for the benefit of a later sentencing change that Congress did not make retroactive, such as the First Step Act's end of “stacked” 924(c) gun sentences.
  • Fernandez v. United States: you cannot use this motion to argue the conviction is wrong. That belongs in a 2255 motion.
  • Good conduct in prison cannot be the only reason (28 U.S.C. § 994(t)).
  • What still works is the person's own situation: serious illness, age, family emergencies, or abuse in custody.

Read who qualifies before you send the warden request. If you want help deciding whether the facts are strong enough, book a consultation.

Common questions

Can a family member ask the warden for compassionate release?

Yes. The Bureau of Prisons handles a request made by another person on an inmate’s behalf the same way it handles the inmate’s own request (28 C.F.R. § 571.61(b)). If the person has a terminal illness or cannot make the request, the law also requires the Bureau to tell family members they may submit one (18 U.S.C. § 3582(d)(2)).

How long does the warden have to answer?

Thirty days, in practice. Once 30 days have passed since the warden received the request, your loved one can file in court even if the warden never answered (18 U.S.C. § 3582(c)(1)(A)). For a terminal illness, the Bureau must process a request within 14 days (18 U.S.C. § 3582(d)(2)(A)(iv)).

What if the warden says no?

Your loved one can appeal through the Bureau’s Administrative Remedy Program (28 C.F.R. part 542, subpart B; Program Statement 5050.51, section 11). Or, once 30 days have passed since the warden received the request, the motion can go to court without finishing those appeals (18 U.S.C. § 3582(c)(1)(A)).

What happens if the judge grants compassionate release?

The judge shortens the prison term and may add probation or supervised release, with or without conditions, for up to the time that was left (18 U.S.C. § 3582(c)(1)(A)). When the order arrives, the warden releases the person right away, or as the order directs (28 C.F.R. § 571.62(b); Program Statement 5050.51, section 10).

Can the Bureau of Prisons file the motion itself?

Yes, but only with the Director’s approval, after review by the warden, the Bureau’s General Counsel, and the Medical Director or another senior official (28 C.F.R. § 571.62(a); Program Statement 5050.51, section 10). Your loved one does not have to wait for that: the motion can be filed by the person in prison once 30 days have passed since the warden received the request (18 U.S.C. § 3582(c)(1)(A)).