Who qualifies for federal compassionate release?

What the law says now (October 2026). A federal judge can reduce a sentence for “extraordinary and compelling” reasons (reasons that are especially unusual and convincing). You must first ask the warden in writing. You can file in court 30 days after the warden gets the request, or sooner if you finish the Bureau of Prisons’ appeals (18 U.S.C. § 3582(c)(1)(A)). The judge also weighs the sentencing factors in 18 U.S.C. § 3553(a). See who may seek compassionate release.

The Sentencing Commission’s policy statement. Since November 1, 2023, U.S.S.G. § 1B1.13 applies to motions filed by prisoners as well as by the Bureau of Prisons, and a reduction must be consistent with it (18 U.S.C. § 3582(c)(1)(A)). Posts from 2020–2023 that say courts were “not bound” by it describe the law before that date. Rutherford (2026) held the policy statement invalid to the extent it lets a non-retroactive change in law count as a reason.
Bureau of Prisons rules. The Bureau’s current policy is Program Statement 5050.51 (September 3, 2026). It has no 18-month life-expectancy rule, it dropped the child-caregiver, spouse-caregiver, and “other elderly” categories, and it lets people in halfway houses or on home confinement apply.
Family circumstances. A court may consider the death or incapacitation of the caregiver of your minor child (or of an adult child who cannot care for themselves), or the incapacitation of a spouse, registered partner, or parent when you would be the only available caregiver (U.S.S.G. § 1B1.13(b)(3)).
Age. A court may consider a person who is 65 or older, has a serious decline in health because of aging, and has served at least 10 years or 75 percent of the sentence, whichever is less (U.S.S.G. § 1B1.13(b)(2)). A separate rule covers people 70 or older who have served 30 years under 18 U.S.C. § 3559(c) (§ 3582(c)(1)(A)(ii)).

People in federal prison can ask for a sentence reduction, called compassionate release, if they meet certain criteria. The reasons fall into three groups: medical, family-related, and age-related. This page explains the rules for each.

The Bureau of Prisons (BOP) follows Program Statement 5050.51 (September 3, 2026), its written policy on these requests.

Medical criteria

The two main medical categories are Terminal Medical Condition and Debilitated Medical Condition. Each has its own criteria. (Program Statement 5050.51 also covers older people with medical conditions, infectious disease outbreaks, and other serious medical needs.)

To qualify under the Terminal Medical Condition category, an inmate must have a terminal illness, meaning 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 § 4(a)). For this category, the Bureau looks at the terminal disease, the prognosis (the likely course of the illness), other medical conditions, and any trouble with daily functioning. Trouble with daily functioning is not required, but it can affect the decision.

For more information, see our Terminal Medical Condition or related FAQs page. You can also view a sample compassionate release petition for this category.

To qualify under the Debilitated Medical Condition category, an inmate must have a serious physical or medical condition, or a serious functional or cognitive impairment, that the person is not expected to recover from and that substantially diminishes the ability to provide self-care in prison (U.S.S.G. § 1B1.13(b)(1)(B); Program Statement 5050.51 § 4(b)). (The old “confined to a bed or chair” test is gone.)

For more information, see our Debilitated Medical Condition or FAQs pages, along with an example compassionate release petition.

Family-related criteria

On September 3, 2026, the Bureau of Prisons dropped its own child-caregiver and spouse/partner-caregiver categories (Program Statement 5050.51). These family situations can still be raised in a court motion under U.S.S.G. § 1B1.13(b)(3). That rule covers the death or incapacitation of the caregiver of your minor child (or of an adult child who cannot care for themselves). It also covers an incapacitated spouse, registered partner, or parent when you would be the only available caregiver.

Under the Bureau’s former Death or Incapacitation of Minor Child’s Caregiver category, the inmate had to have a biological or adopted child under 18. A family member had to have been caring for the child and then died or become incapacitated, so they could no longer care for the child. According to that policy, “‘incapacitated’ means the family member caregiver suffered a severe injury (e.g., auto accident) or suffers from a severe illness (e.g., cancer) that renders the caregiver incapable of caring for the child.” The Bureau looked at what was in the child’s best interest.

For more information, see our Death or Incapacitation of Minor Child’s Caregiver or related FAQs page. You can also view an example compassionate release request for this category.

Under the Bureau’s former Incapacitation of Spouse or Registered Partner category, the inmate had to be legally married (including legal common law marriages) or in a civil union (or registered domestic partnership). The relationship also had to be “established before the inmate’s offense date of arrest.”

As it concerned incapacitation under the Bureau’s former rules, the spouse or partner must have suffered a serious injury or debilitating physical illness which has rendered her completely disabled and unable to “carry on any self-care” and she must be “totally confined to a bed or chair.” The spouse or registered partner could also have suffered a severe cognitive defect, such as Alzheimer’s disease or a traumatic brain injury, which has “severely affected the spouse’s or registered partner’s mental capacity or function.” Either situation could qualify under this category.

The inmate also had to show that he was the “only available caregiver” and that “no other family member or adequate care option” was available.

For more information, see our Incapacitation of Spouse or Registered Partner or FAQs page, along with our sample compassionate release petition for this category.

Age-related criteria

The Bureau of Prisons now has two categories for elderly inmates: “New Law” Elderly Inmates (age 70 or older with 30 years served) and Elderly Inmates with Medical Conditions. The Bureau’s old “Other Elderly Inmates” category (age 65 plus a set share of the sentence served, with no medical condition) was eliminated on September 3, 2026 (Program Statement 5050.51). Today an older person generally needs an age-related decline in health (U.S.S.G. § 1B1.13(b)(2)), or must be 70 or older with 30 years served under the Bureau’s “New Law” elderly category. Each category has its own criteria.

To qualify under the “New Law” Elderly Inmates category, the person must have been sentenced for a crime committed on or after November 1, 1987. They must also be 70 or older and have served 30 years or more.

To qualify under the Elderly Inmates with Medical Conditions category, the inmate needs age 65 or older, a serious decline in physical or mental health because of aging, and at least 10 years or 75 percent of the sentence served, whichever is less (U.S.S.G. § 1B1.13(b)(2); Program Statement 5050.51 § 4(c)).

(Other Elderly Inmates: eliminated September 3, 2026.)

The Bureau still weighs the inmate’s age and health at the time of the offense and sentencing (Program Statement 5050.51 § 9). A condition that existed at sentencing does not by itself rule a person out; under U.S.S.G. § 1B1.13(e), a reason need not have been unforeseen at sentencing.

For more information, see our Compassionate Release: Elderly Inmates page or related FAQs page. You can also view example compassionate release petitions for “New Law” Elderly Inmates, Elderly Inmates with Medical Conditions, and Elderly Inmates without a Medical Condition (i.e., Other Elderly Inmates).

Getting a lawyer’s help

If you or a loved one is thinking about asking for compassionate release for any reason, consider getting a lawyer’s help. Criminal Center understands the compassionate release process and regularly helps clients seek sentence reductions.

Members of the news media can read our News Media Background page for a big-picture overview of federal compassionate release.

If you want help with a compassionate release request, book a consultation.