Sample release letter to care for a disabled spouse

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 becomes disabled and you are the only one who can care for them, you may be able to ask for compassionate release. The Bureau of Prisons no longer has its own category for this, but you can still raise it with the court. Below is a sample letter showing how this kind of request can be written.

What changed in 2026

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), which covers the death or incapacitation of the caregiver of your minor child (or of an adult child who cannot care for themselves), and an incapacitated spouse, registered partner, or parent when you would be the only available caregiver.

What the old BOP rule required

Under the Bureau’s 2018 policy (Program Statement 5050.49 § 6, replaced by Program Statement 5050.51 on September 3, 2026), the prisoner had to have a spouse or registered partner who had become incapacitated (unable to care for themselves). That could be through a serious injury or debilitating physical illness that left them completely disabled, or a severe cognitive defect that “affects the spouse’s or registered partner’s mental capacity or function.” The prisoner also had to show that they were the “only available caregiver.”

About the sample letter

Below is a sample compassionate release petition based on the Incapacitation of Spouse or Registered Partner category. It shows one way such a request can be presented. It was written for the older BOP category. Today, the same family situation can still be raised in a court motion, as explained above.

If someone you love is in federal prison and their spouse or registered partner recently became incapacitated, a lawyer can help with the compassionate release process.

This example is written as a letter, but the words application, form, and petition all mean the same thing here.

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 under 18 U.S.C. § 3582(c)(1)(A), U.S.S.G. § 1B1.13, and Program Statement 5050.51, Compassionate Release/Reduction in Sentence Procedures.

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 Rebecca 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.

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. Rebecca 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

Encl.

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