Originally published July 31, 2020. Statements about the law were updated in October 2026; the box below gives today’s rules.
What the FAMM report found
The biggest change the First Step Act made to compassionate release was this: it took the final decision away from the Bureau of Prisons (BOP) and gave it back to the courts. A 2020 report by Families Against Mandatory Minimums (FAMM) explains what changed.
The report, “Compassionate Release and the First Step Act: Then and Now,” describes the newer compassionate release rules that came with the First Step Act. It explains that the BOP had abused the process because it had the final word.
Even when a prisoner had compelling reasons for release, the BOP weighed extra factors, such as whether the prisoner “deserved” early release and whether he might be a danger to the public. Congress wants those factors left to the courts.
The problems with the old system
Before the First Step Act, compassionate release was guided by the Sentencing Reform Act of 1984. That law let courts consider reducing a sentence for compassionate reasons in limited situations.
But the BOP acted as the gatekeeper, and its decision was final. The problem was that the BOP rarely passed requests on to the courts. Prisoners could not ask the courts directly, and as a result, many died in custody.
As the FAMM report explains, the First Step Act now lets prisoners go to court directly (30 days after applying to the BOP). This moves the decision away from the jailer to a more neutral party. That is what Congress intended for compassionate release back in 1984.
How the criteria changed
The FAMM report focuses on changes to the criteria for compassionate release. Before, the BOP’s Program Statement (its written policy) decided what counted as “extraordinary and compelling” reasons for release. With the shift, courts use guidelines set by Congress and the U.S. Sentencing Commission, not the BOP. These guidelines are less restrictive and leave more room for interpretation.
At the time, some criteria stayed the same. For example, prisoners needed a terminal illness diagnosis to qualify under the terminal illness category. Other changes opened the door to release where there had been none before.
According to FAMM, BOP policy at the time required a prisoner to be completely disabled, which usually meant confined to a bed or chair and unable to care for himself. Or he had to have limited ability to care for himself and be confined to a bed or chair for at least half of his waking hours. (The Bureau dropped this test on September 3, 2026, and now uses the Commission’s standard, Program Statement 5050.51 § 4(b).) The Commission’s guidelines, on the other hand, say simply that a prisoner qualifies if his ability to care for himself in prison is substantially reduced.
Changes for older prisoners
There was also a smaller change for elderly prisoners. The BOP then required prisoners to be at least 65 with a chronic or serious medical condition that substantially diminishes their ability to function and is not expected to improve. The prisoner also had to have served at least half of his sentence. (Since September 3, 2026, the Bureau uses the Commission’s test: at least 10 years or 75 percent of the sentence, whichever is less, Program Statement 5050.51 § 4(c).)
The Sentencing Commission guidelines require only that the prisoner have served the lesser of ten years or 75 percent of his sentence. He must also suffer from a “serious physical or mental deterioration.”
Why this matters for your family
The First Step Act matters because it lets a court consider a prisoner’s age and health without BOP approval. If you or a loved one in federal prison has age or health problems that will not get better, Criminal Center can help with a compassionate release petition.
If you want help with a compassionate release request, book a consultation.
Src: FAMM, “Compassionate Release and the First Step Act: Then and Now.”