Can an older person get compassionate release?
Yes, if age has taken a serious toll on their health and they have served enough of the sentence. Age by itself, without a health decline, is usually not enough. The main court rule needs age 65 or older, a serious age-related decline, and at least 10 years or 75% of the sentence served, whichever is less (U.S.S.G. § 1B1.13(b)(2)). A separate route covers people 70 or older who have served 30 years under a sentence imposed under 18 U.S.C. § 3559(c), with a Bureau finding that they aren't a danger (18 U.S.C. § 3582(c)(1)(A)(ii)).
The law is 18 U.S.C. § 3582(c)(1)(A). The Bureau of Prisons' regulations under 18 U.S.C. § 3582(c)(1)(A) are at 28 C.F.R. § 571.60 and following, and its policy is Program Statement 5050.51 (September 3, 2026). The Sentencing Commission's rule is U.S.S.G. § 1B1.13.
Age 65 or older with declining health
A person may qualify if they are 65 or older, are “experiencing a serious deterioration in physical or mental health because of the aging process,” and have served at least 10 years or 75 percent of the sentence, whichever is less (U.S.S.G. § 1B1.13(b)(2)). The Bureau uses the same test (Program Statement 5050.51 § 4(c)).
Example: someone serving 8 years qualifies on time served after 6 years (75 percent). Someone serving 30 years qualifies on time served after 10 years.
The Bureau also looks at the person's age and health when they committed the crime and were sentenced, and anything the judge said about it. In court, a reason does not have to be something nobody saw coming at sentencing (U.S.S.G. § 1B1.13(e)), so a condition that already existed does not rule a person out.
Age 70 or older with 30 years served
The Bureau's “new law” elderly category covers people sentenced for crimes committed on or after November 1, 1987, who are 70 or older and have served at least 30 years (Program Statement 5050.51 § 5). No medical condition is required.
The statute has its own version for people serving a “three strikes” sentence under 18 U.S.C. § 3559(c): age 70, 30 years served, and a Bureau finding that the person is not a danger (18 U.S.C. § 3582(c)(1)(A)(ii)).
What happened to the “other elderly” category?
The Bureau used to have a category for people 65 or older who had served the greater of 10 years or 75 percent of the sentence, with no medical condition. Program Statement 5050.51 eliminated it on September 3, 2026.
That change limits only what the Bureau will bring to court on its own. The person can still ask the warden and then file their own motion, and age remains a ground in court under U.S.S.G. § 1B1.13(b)(2): 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. The court rule does require that decline in health; age and time served alone match the old Bureau category, not § 1B1.13(b)(2).
What does the warden weigh?
The factors are “neither exclusive nor weighted.” Overall, the Bureau asks whether release would put anyone in danger (Program Statement 5050.51 § 9). The factors include:
- The crime and how it was committed
- Criminal history
- Comments from victims
- Unresolved detainers and pending charges
- Past supervised release or probation violations
- Prison conduct, work, and programs
- Personal history, current age, and age at the time of the crime
- The release plan
- Length of sentence and time served
- Whether release would minimize the seriousness of the crime
Asking the warden costs nothing, and families often write the request themselves. If you want a lawyer to write and submit it, Request a consultation.
Going to court
You do not need the Bureau's approval. The person can file in the court that sentenced them 30 days after the warden receives the request, or sooner if they finish the Bureau's appeals (18 U.S.C. § 3582(c)(1)(A)). The judge makes the decision.
Two arguments no longer work. A later sentencing change that Congress did not make retroactive is not a reason (Rutherford v. United States, May 28, 2026). A claim that the conviction is wrong belongs in a 2255 motion, not here (Fernandez v. United States, May 28, 2026). Good conduct in prison cannot be the only reason (28 U.S.C. § 994(t)). And fitting a category is not a guarantee: the judge still weighs the whole case.
Common questions
Should elderly inmates be released from prison?
Federal law allows it in two situations, and a judge decides each case on its facts. One is age 65 or older with a serious decline in health because of aging, after serving at least 10 years or 75 percent of the sentence, whichever is less (U.S.S.G. § 1B1.13(b)(2)). The other is age 70 or older after 30 years served on a sentence imposed under 18 U.S.C. § 3559(c), with a Bureau finding that the person is not a danger (18 U.S.C. § 3582(c)(1)(A)(ii)). Either way, the judge still weighs the sentencing factors and public safety.
Is age alone enough for compassionate release?
Usually not. The Bureau of Prisons eliminated its category for older people without a medical condition on September 3, 2026, though it still considers people 70 or older who have served 30 years, with no medical condition required (Program Statement 5050.51, section 5). In court, the age ground requires a serious decline in physical or mental health because of aging (U.S.S.G. § 1B1.13(b)(2)).