Every request for compassionate release from federal prison starts in the warden’s office. The warden acts as the gatekeeper: they gather a large amount of information before deciding on the request. If the prison approves it, the warden also prepares a referral package to send up the chain.
Step one: the warden gathers information
What the warden gathers depends on the nature of the request. For example, if the request is based on the incapacitation of a spouse or registered partner, the warden will need a lot of information about the spouse or partner. If the request is based on a terminal medical condition, the warden will gather and review health records and medical opinions.
Whatever the reason for the request, the warden will collect and review:
- Information and documents about the prisoner’s crime and criminal history, including the nature of the offense, the length of the sentence and time served, supervised release violations, and unresolved detainers (holds from other agencies or courts).
- Information about the prisoner’s personal history, including current age and age at sentencing, how they have adjusted to prison (including disciplinary infractions), and other information from the presentence report.
- Comments from victims.
- The prisoner’s release plans.
- Whether release would minimize the severity of the offense.
Step two: the warden’s referral package
If the warden decides compassionate release is appropriate, the warden refers the request to the BOP’s Office of General Counsel. With this referral, the warden sends a full package of documents, including:
- The warden’s written recommendation, along with anything else staff members wrote about the request.
- The prisoner’s Judgment and Commitment Order and all sentence computation data.
- The most recent progress report. It must be less than 30 days old and should show that all detainers and holds have been resolved. If a pending charge or detainer has not been resolved, the warden must explain why.
- If the request is based on a medical condition, all relevant medical records. This includes, but is not limited to, a full medical summary by the attending physician, which should include life expectancy, test results, consultation reports and referrals.
- A copy of the presentence report, a copy of Form U.S.A. 792–Report on Convicted Offender by U.S. Attorney, the most recent custody and classification form, Probation Form 7a, information on fines and the Central Inmate Monitoring Case Information Summary.
- Whether the prisoner is in the Witness Protection Program. If so, the package should confirm that the right victim(s) and witness(es) have been notified.
- If a term of supervised release will follow compassionate release, confirmation that U.S. Probation has approved the release plans. Even if there will be no supervised release, release plans must still be included. At a minimum, they must cover where the person will live and their financial information. They may also include coordination with social service agencies and the prisoner’s family.
- Once this package goes to the General Counsel, the warden’s part in the compassionate release process is done.
The rest of the compassionate release process
For a more detailed look at every step, see our page on the compassionate release process. For a big-picture overview of compassionate release in the Federal Bureau of Prisons, see our compassionate release in federal prison page.
First impressions matter, especially when you are asking for a shorter sentence. That is why it can help to have a lawyer’s help from the start. Criminal Center can help.
If you want help with a compassionate release request, book a consultation.