Incapacitation of Spouse or Partner Petition

Federal prisoners whose spouse or partner becomes incapacitated are allowed to petition for compassionate release in order to care for their spouse.

According to BOP Program Statement 5050.49, Compassionate Release/Reduction in Sentence, at § 6, in order to qualify under the Incapacitation of Spouse or Partner category, the inmate must have a Incapacitation of Spouse or Partner Petitionspouse or registered partner who has become incapacitated through either a serious injury or debilitating physical illness (which leaves them completely disabled) or a severe cognitive defect that "affects the spouse's or registered partner's mental capacity or function." Furthermore, the inmate must demonstrate that they are the "only available caregiver."

Below is a sample compassionate release petition based on the Incapacitation of Spouse or Registered Partner category. This example is provided to help illustrate how such petitions can be presented. If you know someone in federal prison whose spouse or registered partner recently became incapacitated, we recommend that you retain competent counsel to assist in the compassionate release process. We at the Law Offices of Brandon Sample have substantial experience in such matters and can help you put your best foot forward when seeking compassionate release.

It should be clarified that while this example is in the form of a letter, the terms application, form, and petition are all used interchangeably.

See our incapacitation of spouse page for more information about this category of compassionate release.

Sample Compassionate Release Petition for Incapacitation of Spouse or Partner

Mark Johnson

Reg. No. 67890-123

FCI Texarkana

P.O. Box 7000

Texarkana, TX 75505

July 7, 2018

_____ _____, Warden

FCI Texarkana

4001 Leopard Drive

Texarkana, TX 75501

RE: Compassionate Release Petition for Incapacitation of Spouse

Dear Warden _____:

My name is Mark Johnson and I am incarcerated at FCI Texarkana. This letter serves as my petition for compassionate release in accordance with Program Statement 5050.49, Compassionate Release/Reduction in Sentence: Procedures for Implementation of 18 U.S.C. § 3582(c)(1)(A).

This petition is specifically made as to the Incapacitation of Spouse category as discussed in Section 6 of the program statement. According to this program statement, if an inmate has a spouse or registered partner who has become incapacitated through serious injury, debilitating physical illness, or cognitive defect and the inmate is the "only available caregiver," they qualify for compassionate release under this policy provision.

On May 19, 2018, my wife, Rebecca Johnson, suffered a traumatic brain injury as a result of a car wreck. Following the accident, she was rushed to Dallas Memorial Hospital, where she was saved, but still remains in a completely disabled state, requiring assistance with all self-care. She is completely confined to a bed, but no longer requires hospitalization. While my family has explored other care options, hiring an in-home nurse or placing her in a nursing home is outside of our financial ability. She needs a family member to move in with her to provide for her and all of her daily care needs. I am the only person available to do so.

For verification purposes, I have enclosed a copy of my marriage certificate along with a letter from my wife's doctor which explains her condition and need for a live-in caregiver. My PSR can also verify that I was married to Jenny prior to my incarceration.

In addition to my wife's medical situation, it should be noted that I have maintained a mostly clear disciplinary record. While I have received a few moderate severity incident reports (300 series), none were for violent or security-related infractions. While incarcerated I have participated in several drug abuse treatment programs. I have also completed several Adult Continuing Education (ACE) classes in the FCI Texarkana Education Department.

If granted a compassionate release, I will move into my family's home at 1578 Middle Street, Dallas, TX 00000. There I will care for my wife. I will be able to support both of us through my retirement pension. Health insurance will be available to provide for necessary medical care.

As required by PS 5050.49 at § 6(a), I grant the Federal Bureau of Prisons permission to obtain any documentary evidence required to verify the facts discussed above and other information required in order to process this compassionate release request.

Thank you for considering this request. Jenny needs someone to live with her and take care of her due to her incapacitated state. I firmly believe that I am the best qualified person to do so and that my release for this purpose will present no threat to public safety.

Respectfully Submitted,

Mark Johnson


If you would like assistance with drafting an Incapacitation of Spouse or Partner petition for compassionate release, call us at 802-444-4357.

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