Federal compassionate release: background for reporters

What the law says now (October 2026). A federal judge can reduce a sentence for “extraordinary and compelling” reasons (reasons that are especially unusual and convincing). You must first ask the warden in writing. You can file in court 30 days after the warden gets the request, or sooner if you finish the Bureau of Prisons’ appeals (18 U.S.C. § 3582(c)(1)(A)). The judge also weighs the sentencing factors in 18 U.S.C. § 3553(a). See who may seek compassionate release.

The Sentencing Commission’s policy statement. Since November 1, 2023, U.S.S.G. § 1B1.13 applies to motions filed by prisoners as well as by the Bureau of Prisons, and a reduction must be consistent with it (18 U.S.C. § 3582(c)(1)(A)). Posts from 2020–2023 that say courts were “not bound” by it describe the law before that date. Rutherford (2026) held the policy statement invalid to the extent it lets a non-retroactive change in law count as a reason.
Bureau of Prisons rules. The Bureau’s current policy is Program Statement 5050.51 (September 3, 2026). It has no 18-month life-expectancy rule, it dropped the child-caregiver, spouse-caregiver, and “other elderly” categories, and it lets people in halfway houses or on home confinement apply.
Family circumstances. A court may consider the death or incapacitation of the caregiver of your minor child (or of an adult child who cannot care for themselves), or the incapacitation of a spouse, registered partner, or parent when you would be the only available caregiver (U.S.S.G. § 1B1.13(b)(3)).
Age. A court may consider a person who is 65 or older, has a serious decline in health because of aging, and has served at least 10 years or 75 percent of the sentence, whichever is less (U.S.S.G. § 1B1.13(b)(2)). A separate rule covers people 70 or older who have served 30 years under 18 U.S.C. § 3559(c) (§ 3582(c)(1)(A)(ii)).

Federal compassionate release lets some prisoners get a shorter sentence, and go home early, for “extraordinary and compelling” reasons. Most often, this means a prisoner with a terminal illness is allowed to spend their last weeks or months at home. To help reporters understand the federal compassionate release program, here is a short background.

The criteria are strict. There are other categories besides terminal illness, but releases under them have rarely been granted.

The law behind compassionate release

Congress created compassionate release in the Sentencing Reform Act of 1984. The law, found at 18 U.S.C. § 3582(c)(1)(A), allows the Federal Bureau of Prisons, or since 2018 the prisoner, to ask a federal court to reduce a prisoner’s sentence for “extraordinary and compelling” reasons.

The United States Sentencing Commission wrote guidelines defining “extraordinary and compelling” reasons. They are in the United States Sentencing Guidelines at § 1B1.13.

The Bureau of Prisons wrote regulations and policy to carry out compassionate release. The regulations are in the Code of Federal Regulations, 28 C.F.R. § 571.60, et seq., which carry out 18 U.S.C. § 3582(c)(1)(A). Bureau policy is in Bureau of Prisons Program Statement 5050.51 (September 3, 2026).

Who can qualify

The Bureau will consider compassionate release requests from prisoners with a terminal or debilitated medical condition, and elderly prisoners with age-related health decline or long sentences served (Program Statement 5050.51). Family-caregiver situations can be raised in court under U.S.S.G. § 1B1.13(b)(3).

When reviewing a request, the Bureau looks at the details of the prisoner’s extraordinary and compelling situation. It also considers the prisoner’s personal circumstances, such as age, how they have adjusted to prison, and personal history.

Importantly, Bureau officials also weigh the prisoner’s criminal history. That includes the nature of the crime, the length of the sentence, and whether early release would minimize the severity of the offense. The Bureau also asks victims for their views.

How the process works

Compassionate release in the Bureau of Prisons is procedure-driven. A prisoner must first apply to the warden, who may call together a committee of prison staff to review the request. The warden has substantial discretion here.

If the warden approves, he sends the request, with a packet of information and documents, to the BOP General Counsel. If the General Counsel approves, he asks for the opinion of the Medical Director (for medical requests) or the Assistant Director, Correctional Programs Division (for non-medical requests). The General Counsel then sends his approval and that opinion to the Director of the BOP, who makes the final decision.

When the Director approves a request, he or she asks the U.S. Attorney in the district where the prisoner was sentenced to file a motion for a sentence reduction. The court then holds a hearing and grants or denies the motion. If it is granted, the prisoner is released once his or her release plans are finalized.

What changed in 2018

Before the First Step Act of 2018, only the Bureau of Prisons could ask a court to reduce a sentence. At that time, a prisoner had no right or authority to ask a court for compassionate release directly, and legislation had been introduced to let prisoners go to court if the Bureau dragged its feet or wrongly denied a request. The Bureau was known to do exactly that.

Now the prisoner can file too, after asking the warden and waiting 30 days or finishing the Bureau’s appeals.

Compassionate release statistics

The statistics on compassionate release are startling. In a 2013 report, the Department of Justice Office of Inspector General found that between 2006 and 2011, 13 percent of federal prisoners whose requests had been approved by the warden died while waiting for a decision by the Director.

Data reviewed by The New York Times showed that between 2013 and 2017, the Bureau approved only 6 percent of the 5,400 applications from federal prisoners. Almost as many people died while waiting for a decision as were approved.

Compassionate release makes financial and moral sense, and it does not reduce public safety. The elderly are, by far, the fastest-growing group in federal prison, and were expected to make up 28 percent of the total prison population by 2019. Prison costs for older people are nearly double the cost for the general prison population. Much of that cost is health care, a huge part of the BOP’s budget. The BOP spent $1.1 billion on health care in 2015 alone.

It is also well established that people are less likely to reoffend as they get older. Prisoners aged 50 and older have a 15 percent recidivism (reoffending) rate, compared with 41 percent for the general prison population. And people granted compassionate release have a very low re-arrest rate of 3.5 percent.

For members of the news media

Criminal Center has experience with the federal compassionate release program and has represented clients seeking sentence reductions. If you are a reporter who needs a source, a quote, more background, or an explanation of the process, please reach out. We can respond promptly and work with publication deadlines.

If you want help with a compassionate release request, book a consultation.