How the First Step Act opened compassionate release

Originally published March 16, 2021. Statements about the law were updated in October 2026; the box below gives today’s rules.

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.

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)).

Since the First Step Act of 2018, people in federal prison can ask a court for compassionate release themselves. They first ask the warden. If the warden says no or does not answer within 30 days, they can file a motion in court.

Criteria for Federal Compassionate Release

Federal prison early release is now possible.

What compassionate release is

The rules for compassionate release can be confusing. Compassionate release is a process that lets people in federal prison ask for immediate release. Traditionally it was granted on medical grounds, but it can also be granted on humanitarian grounds.

In the past, compassionate release was very limited and extremely rare. The First Step Act of 2018 greatly expanded the ability to ask for it. As of early 2021, more than 2,000 compassionate releases had been granted since the law took effect.

How the First Step Act changed the criteria

The First Step Act lets people in federal prison ask the court themselves for compassionate release for “extraordinary and compelling circumstances.” This broad, catch-all phrase changed the criteria. People can now ask for release because of serious circumstances such as medical conditions, personal and family hardships, or age-related reasons.

Faster access to the courts

The First Step Act also opened the courthouse door. In the past, people faced a long process, often slowed by Bureau of Prisons (BOP) procedures, only to be denied in the end. They had to exhaust all administrative remedies (finish every step of the prison’s appeal process) before going to court. Some people died while waiting for the BOP to respond.

Now, people may be able to go to court within 30 days of sending their first request to the warden. And anyone who believes they have extraordinary and compelling circumstances may ask for compassionate release.

The steps to ask for compassionate release

First, the person sends a formal request to the warden asking for compassionate release. The warden has 30 days to respond. This step is very important, so the request should be thorough and complete.

If the request is not granted within 30 days, 18 U.S.C. § 3582(c)(1)(A) allows a motion to be filed in court asking for compassionate release.

The steps are fairly simple:

1) Submit a request to the warden.

2) The warden reviews and evaluates the request.

3) The warden approves or denies the request.

4) If the BOP approves, the U.S. Attorney will file on your behalf.

5) If the BOP denies the request, or the 30 days pass without an answer, the person can file a motion in court.

Have more questions about compassionate release?

Research by Greg Berry of Criminal Center

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