What can a family member actually do?
A lot. You can gather records, line up a place to live and medical care, and help write the request to the warden. You can even submit the request yourself — the Bureau of Prisons treats a request from family the same as one from the person in prison (28 C.F.R. § 571.61(b)).
Thirty days after the warden receives the request, the person can file a motion in court (18 U.S.C. § 3582(c)(1)(A)).
The judge looks for “extraordinary and compelling reasons” — reasons unusual and serious enough to shorten a sentence. Since the Supreme Court's May 2026 decisions in Rutherford v. United States and Fernandez v. United States, that means the person's life now: serious illness, age, a family emergency, or abuse in custody. A later sentencing change Congress did not make retroactive does not count, and neither does a claim that the conviction is wrong. Good conduct cannot be the only reason (28 U.S.C. § 994(t)).
What should you collect first?
The warden and the judge both want proof. Families are usually the ones who can get it.
- Medical records from outside doctors and hospitals, if the condition started before prison. A HIPAA release or power of attorney may be needed.
- Death certificates, caregiver papers, or medical proof if this is a family emergency.
- A release plan: where the person will live, who will help, where medical care will come from, and how it will be paid for.
The warden request starts a 30-day clock. Write down the date the warden's office received it. See the process and medical records pages.
What does not help?
Calls to reporters or politicians are no substitute for records and a release plan. If the real argument is innocence or a later law that Congress did not make retroactive, this is the wrong motion. For a straight read on the file, book a consultation.
More ways family members can help
Original page last updated September 3, 2024. Statements about the law were updated in October 2026; the box below gives today’s rules.
A federal judge can shorten a sentence for "extraordinary and compelling" reasons. Under U.S.S.G. § 1B1.13(b), those include a serious medical condition; age 65 or older with age-related decline after serving at least 10 years or 75 percent of the sentence (whichever is less); certain family emergencies, such as being the only available caregiver for a minor child, spouse, partner, or parent; abuse in custody; and other reasons just as serious.
Why outside help matters
The request goes to the warden first. The person can go to court 30 days after the warden receives it, and a judge makes the final decision. But building the request from inside a prison is hard, and the Bureau of Prisons has historically approved few requests on its own.
The numbers show how hard it has been. The New York Times reviewed 2013 to 2017 figures and found that the Bureau approved about 6 percent of the 5,400 applications it received. A different report, based on a May 2016 Freedom of Information Act response, said the Bureau approved 61 people in 2013, 101 in 2014, and 99 in 2015. See our compassionate release statistics.
That is why help from outside matters.
What family members can do
For most people in prison, that help comes from family. Some hire a lawyer. A few get help from advocacy groups such as FedCURE.
One person outside should act as the point person. Learn the factors the warden and judge weigh, and make sure they have the facts on each one. For example, if the request is about the death or incapacitation of a child's caregiver, you are in the best position to gather the family records.
The point person should also put together the release plan. The request has to say where the person will live, how they will support themselves, and, for a medical request, where they will get care and how it will be paid for (28 C.F.R. § 571.61(a)). These things are nearly impossible to arrange from inside. You can arrange them and send proof.
A family member can also submit the request. The Bureau handles a request from family the same way as one from the person in prison (28 C.F.R. § 571.61(b)).
Keeping the request moving
Stay in touch with prison staff while the request is pending. If it stalls, you can contact higher levels of the Bureau. If that does not work, you can contact the news media, the Attorney General, and your members of Congress. The Bureau is sensitive to bad publicity, takes orders from the Attorney General, and gets its money from Congress. Keep it polite and stick to the facts.
Getting a lawyer's help
Family can do a great deal. A lawyer can review the medical and personal history, check it against the criteria, write the request, and file the motion in court. To talk about your family's situation, book a consultation.