Release to care for a disabled spouse or partner: FAQs

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)).

If your spouse or registered partner has become incapacitated (unable to care for themselves) and you are the only one who can care for them, you may be able to ask for compassionate release. Here are answers to common questions about this reason for release.

1. What is this type of compassionate release?

A person in prison whose spouse or partner has become incapacitated, and who is the only one available to care for them, can qualify for this kind of relief.

2. What rules govern this category?

On September 3, 2026, the Bureau of Prisons dropped its own child-caregiver and spouse/partner-caregiver categories (Program Statement 5050.51).

These family situations can still be raised in a court motion under U.S.S.G. § 1B1.13(b)(3). That section covers the death or incapacitation of the caregiver of your minor child (or of an adult child who cannot care for themselves). It also covers an incapacitated spouse, registered partner, or parent when you would be the only available caregiver.

The rest of this page describes the Bureau’s former (2018) process, set out in its earlier program statement. Section 6 of that document deals specifically with the incapacitation of a spouse or partner.

3. What are the requirements?

Three things must be true:

The person in prison has a spouse or registered partner.
The spouse or registered partner has become incapacitated.
The person in prison is “the only available caregiver.”

4. Who counts as a spouse or registered partner?

A “spouse” is someone legally married to the person in prison, including through common law marriage.

A “registered partner” is someone whose relationship with the person in prison has been “legally recognized as a civil union or registered domestic partnership.”

5. Must the marriage or partnership have started before prison?

Yes. In fact, it must have started before the date of arrest.

6. What counts as incapacitation?

Under the Bureau’s former rules, incapacitation meant a “serious injury” or “debilitating physical illness” that left the spouse or partner completely disabled, meaning they “cannot carry on any self-care and are totally confined to a bed or chair.”

A “severe cognitive defect” could also qualify if it affects the spouse or partner’s “mental capacity or function.” Examples include Alzheimer’s disease and traumatic brain injuries.

7. What extra information has to be provided?

Beyond what a typical compassionate release request needs, the person in prison must give the Warden:

An explanation and documentation of the incapacitation.
A statement that the inmate is the “only family caregiver capable of caring for the spouse or registered partner.”
The inmate’s release plans, with an emphasis on housing and the financial means to “care for the spouse or registered partner immediately upon release.”
Authorization for the Bureau to obtain any “information or documents” from any source “about the inmate, the spouse or registered partner, or other family members.”

8. What does the committee review?

A committee made up of the person’s unit manager, counselor, and other staff chosen by the Warden is to “investigate the facts and circumstances provided by the inmate.” It gathers documents for the Warden’s review, including:

A description of the “physical and mental condition” of the spouse or partner, both before and during the incarceration.
Proof that “the inmate is the only family member caregiver capable of caring for the spouse or registered partner,” along with information on who has been caring for the spouse or partner.
Documentation that the spouse or partner supports the inmate’s compassionate release so the inmate can be their caregiver.

9. What special factors are considered?

In addition to the usual compassionate release factors, these are considered for this category:

History of violence
History of public medical and financial assistance
Any history of domestic violence
Whether the inmate lived with spouse or partner prior to incarceration
Whether drugs, paraphernalia, guns, or dangerous substances are in the home
Degree of contact with and responsibility for spouse or partner
Evidence of spousal abuse or neglect
Evidence of custodial skills
Outstanding financial obligations
Detainers
Work history
Classes taken in prison

10. How often were these requests granted?

This category was the least likely to succeed. As our Compassionate Release Statistics page explains, 3,059 compassionate release requests were filed between 2014 and 2018. Only 109 were in the spouse or partner category, and 15 of those were sent on to the Director.

We don’t know how many of those were granted. Across all categories in that period, the Director approved only 306 requests, while 2,405 compassionate release requests were denied. The rest were not decided during the period, or the person died before a decision was made.

11. Since success is so hard, what should I do?

Because these requests are hard to win, it is important to send a clear, complete request with all the required supporting documents the first time.

One way to do that is by hiring a compassionate release attorney. Criminal Center handles compassionate release requests. We can look closely at your family’s situation, gather the needed documents, write the petition, and submit the packet to the Warden. We can also track the request and follow up where appropriate to keep it moving.

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