People in federal prison who have a debilitating medical condition can ask for compassionate release. Below is a sample petition (a letter to the warden) to show what one could look like.
Who qualifies
Under current policy (U.S.S.G. § 1B1.13 and Program Statement 5050.51, which replaced Program Statement 5050.49 § 3(b)), in order to qualify under the Debilitated Medical Condition category today, the 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 sample below was written under the 2018 policy. Back then, the person needed an “incurable, progressive illness” or a “debilitating injury from which they will not recover.” They also had to be either completely disabled, meaning they could not do “any self-care and [are] [] confined to a bed or chair,” or able to do only limited self-care and “confined to a bed or chair [for] more than 50% of waking hours.”
About this sample
This is a simplified petition for a made-up person. It is meant to show what a petition under this category could look like. People sometimes call these petitions letters, applications, or forms. All of these names refer to the same document.
Consider hiring a lawyer to help with the compassionate release process. It is a detailed process, and first impressions matter a great deal. Criminal Center helps people in prison seek compassionate release.
See our debilitated medical condition page for more about this category of compassionate release.
Sample compassionate release petition for a debilitated medical condition
Jane Doe
Reg. No. 12345-678
USP Marion
P.O. Box 1000
Marion, IL 62959
February 2, 2018
_____ _____, Warden
USP Marion
4500 Prison Road
Marion, IL 62959
RE: Compassionate Release Petition for a Debilitated Medical Condition
Dear Warden _____:
My name is Jane Doe and I’m incarcerated at USP Marion. This letter serves as my petition for compassionate release under 18 U.S.C. § 3582(c)(1)(A), U.S.S.G. § 1B1.13, and Program Statement 5050.51, Compassionate Release/Reduction in Sentence Procedures.
This petition is specifically made as to the Debilitated Medical Condition category as discussed in Section 3(b) of the program statement. According to this program statement, inmates who have an “incurable, progressive illness” or who have suffered from a “debilitating injury from which they will not recover” and who are either completely disabled or are confined to a bed or chair for “more than 50 percent of waking hours” qualify for compassionate release under this policy provision.
On October 12, 2017, I was diagnosed with a brain tumor by USP Marion Health Services staff (see attached medical records). This tumor has impacted my motor functioning to the extent that I am now paralyzed from the waist down. As a result, I am confined to either a bed or a wheelchair. I require an assistant to help me with virtually all areas of daily living. This includes everything from dressing and bathing to virtually any mobility. My doctors say that the tumor is inoperable and that I will most likely never regain the use of my lower limbs. If the tumor grows, I could suffer additional physical and mental harm.
While in Bureau custody I have only been subject to the disciplinary program twice, both for moderate severity incident reports due to possessing anything unauthorized (Code 305s). These both concerned possession of kitchen food in the housing unit. I have participated in AA/NA meetings, the AIDS/HIV class, and the Drug Education Class. I also earned my GED and am an active participant in Chapel activities as a devoted Christian.
If you grant my petition for compassionate release based on my debilitated medical condition, I will reside with my husband, John Doe, at 234 First Street, Anytown, CA 00000. Due to my medical condition, I will be unable to gain employment. Instead, my husband will provide for me financially, including obtaining health insurance and all required medical care.
Thank you for your consideration of this compassionate release petition. I hope that you will allow me to go home and be with my family in this disabled state.
Respectfully Submitted,
Jane Doe
Encl.
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