Inmates in the Federal Bureau of Prison custody who are elderly and have a medical condition are allowed to petition for compassionate release.
According to Program Statement 5050.49, Compassionate Release/Reduction in Sentence, at § 4(b), in order to qualify under the Elderly Inmate with a Medical Condition category, the inmate must be age 65 or older, “suffer from a chronic or serious medical condition related to the aging process,” “experience deteriorating mental or physical health that substantially diminishes their ability to function in a correctional facility,” and have served “at least 50%” of their prison sentence. Furthermore, it must have been deemed that treatment will not improve the condition.
In an effort to assist prisoners and their family members in seeking a compassionate release based on the Elderly Inmate with a Medical Condition category, we have presented a simplified compassionate release petition below. The petition is based on a fictional person and condition. While we have presented the petition in a letter format, such petitions are also known as compassionate release applications or forms.
If you are interested in retaining someone to assist you in this process, please contact the Law Offices of Brandon Sample. Hiring the right attorney to assist in the compassionate release process can help to put your loved one’s best foot forward when dealing with the Bureau of Prison officials.
Sample Compassionate Release Petition for an Elderly Inmate with a Medical Condition
Samantha Scott
Reg. No. 34567-890
USP Tucson Camp
P.O. Box 24550
Tucson, AZ 85734
April 4, 2018
_____ _____, Warden
USP Tucson Camp
9300 South Wilmot Road
Tucson, AZ 85756
RE: Compassionate Release Petition for an Elderly Inmate with a Medical Condition
Dear Warden _____:
My name is Samantha Scott and I am incarcerated at USP Tucson Camp. This letter serves as my petition for compassionate release in accordance with Program Statement 5050.49, Compassionate Release/Reduction in Sentence: Procedures for Implementation of 18 U.S.C. § 3582(c)(1)(A).
This petition is specifically made as to the Elderly Inmate with a Medical Condition category as discussed in Section 4(b) of the program statement. According to this program statement, the inmate must be 65 or older, suffer from a “chronic or serious medical condition related to the aging process,” “[e]xperienc[e] deteriorating mental or physical health that substantially diminishes their ability to function” in a prison, and have served 50 percent or more of their sentence of incarceration in order to qualify for compassionate release under this policy provision.
On May 15, 2012, I was sentenced to a term of 120 months imprisonment for insider trading. This year I turned 65 and have gone well beyond the halfway point of my sentence. Earlier this month, the doctors here at USP Tucson Camp diagnosed me with Alzheimer’s disease (see attached medical records). This is a medical condition related to the aging process which is both incurable and progressively diminishes my ability to function.
Due to my age and medical condition, I fear that if I serve out the remainder of my sentence that I will be left with no mental faculty for the time that I have remaining. I very much want to go home and be with my children and grandchildren prior to this disease taking my mind. I know what I did was wrong and I have paid dearly for my crimes. While incarcerated I have participated in the Victim Impact and Criminal Thinking classes and other programs in the Psychology Department. I have also maintained clear conduct for the duration of my sentence. I know that I will never, ever commit another crime as long as I live.
If this petition for compassionate release is granted, I will live with my husband, Roger Scott, who resides at 456 River Road, Anytown, GA 00000. I will use my savings, along with financial assistance from my husband, to support myself. I will also obtain health insurance to pay for my medical needs.
I pray that you heed my call and permit me to go home and be with my family while I can still function. I know that I am no longer a risk to the public and very much want to spend what time I still
have with those whom I love.
Respectfully Submitted,
Samantha Scott
Encl.
If you would like help with an elderly inmate with a medical condition compassionate release petition, call 802-444-4357 to speak with one of our attorneys.
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