A compassionate release request starts with the warden of the prison. From there it moves through several Bureau of Prisons (BOP) offices before it can reach a court. Here are plain answers about each step.
Who gets the first request?
The first request and supporting documents go to the institution’s warden.
What does the warden do with it?
The compassionate release process depends on the type of request.
If the request is based on medical reasons, it goes to the prison’s Clinical Director. The Clinical Director writes a medical summary, recommends approval or denial, and sends it back to the warden to decide.
If the request is based on the death or incapacitation of a caregiver or incapacitation of a spouse or partner, the warden sets up a committee to look into it. The committee gathers documents and information and sends them to the warden to decide.
If the request is not medical and not family-related, the warden decides alone. Input from other staff is not required.
What if the warden says no?
The warden has a lot of discretion (freedom to decide) on these requests. If the warden denies the request, the person gets a written reason within 20 days. They can then appeal the denial through the Bureau’s Administrative Remedy Program.
Can a denied request be filed again?
Yes. There is no limit on how many times someone can ask for compassionate release. Still, it is wise to wait until some time has passed and circumstances have changed before filing again. To learn more, see our page What to Do if Denied Compassionate Release.
What if the warden approves it?
If the warden approves the request, it goes to the Office of General Counsel for review and processing.
What does General Counsel do?
If General Counsel agrees the request should be granted, it goes to the Medical Director (for medical requests) or the Associate Director, Correctional Programs Division (for non-medical requests).
What do the Medical Director and Associate Director do?
The Medical Director or Associate Director reviews the request, makes a recommendation, and sends it back to General Counsel. General Counsel then sends it to the Director for review.
What if General Counsel or the Director says no?
The person gets a written reason for the denial within 20 days. A denial at this level is a final agency decision and cannot be appealed. The person can still send a new compassionate release request at any time.
What happens if the Director approves?
The request goes to the U.S. Attorney in the district where the person was convicted. The U.S. Attorney then asks the court to reduce the sentence. If the court agrees, the prison sentence is changed to time served. This may not change the term of supervised release the court imposed, though that term may be adjusted.
Is the person released right away?
The person is released as soon as transportation and any needed medical care can be arranged.
Can anything speed this up or improve the odds?
The Bureau of Prisons is known for being slow with compassionate release requests. As our Compassionate Release Statistics page shows, 81 federal prisoners died while waiting for a decision between 2014 and 2018.
Outside help can make a difference. Criminal Center handles compassionate release requests. The Bureau moves at its own pace and makes its own decisions, but we can research, draft, and submit a request, and follow up when it makes sense.
If you want help with a compassionate release request, book a consultation.