When does a spouse's or partner's illness qualify?
When a spouse or registered partner becomes incapacitated — unable to care for themselves — and the person in prison would be the only available caregiver. The same rule covers an incapacitated parent (U.S.S.G. § 1B1.13(b)(3)(B)–(C)). A judge can treat this as an “extraordinary and compelling reason” — a reason unusual and serious enough — to shorten the sentence.
What changed in 2026?
On September 3, 2026, the Bureau of Prisons dropped its own spouse/partner caregiver category (Program Statement 5050.51). The warden will no longer recommend release on this ground alone. But the judge can still consider it.
The person still has to ask the warden in writing first. Then they can file in court once the warden has had the request for 30 days (or sooner if they finish the Bureau's appeals).
Below is how the Bureau used to review these requests. It's still useful: a judge will want to see the same kinds of papers.
What is a spouse or registered partner?
The Bureau treated a spouse as someone legally married to the person in prison, including a common-law marriage in a state that recognizes it.
A registered partner is someone in a relationship the law recognizes in another way, such as a civil union or registered domestic partnership.
Under the old rules, the relationship had to exist before the arrest. The Bureau checked the presentence report and papers such as a marriage certificate.
What is incapacitation?
The Bureau treated incapacitation as either physical or mental. For a physical condition, a serious injury or illness had to leave the spouse or partner completely disabled — unable to care for themselves and totally confined to a bed or chair.
For a mental condition, such as Alzheimer's disease or a traumatic brain injury, the person did not have to be confined to a bed or chair, but the condition had to severely limit their mental ability.
What papers did the warden require?
The warden reviewed the request in two stages. First, the request had to include:
- A statement that explains the incapacitation and establishes that the prisoner is the only family member capable of caring for the individual.
- Verifiable medical documentation of the incapacity and written authorization from the prisoner and others for the warden to obtain additional documentation.
- Written and documented release plans, including housing and the financial means to care for the incapacitated spouse or registered partner.
What did the prison review committee look at?
If the case moved forward, a committee — usually the unit manager, counselor, and staff such as social workers, psychologists, or doctors — gathered more information: the spouse or partner's physical and mental condition, the care they got before and after the arrest, and letters showing that the person in prison is the only available caregiver and that the spouse or partner wants their help.
What else did the warden weigh?
The warden considered:
- Whether the prisoner committed violent acts before or during incarceration, including charges or convictions of domestic violence, or other abuse or neglect.
- Whether the prisoner shared a home with the spouse or registered partner prior to incarceration, and whether drugs or firearms were in the home.
- Whether the prisoner has received public assistance or held a job, and whether the prisoner and spouse or registered partner will be relying on public assistance.
- Evidence of the prisoner’s contact with the spouse or registered partner before and during incarceration, as well as evidence of the prisoner’s custodial skills and obligations.
- Whether the prisoner has participated in programming while incarcerated.
- Whether the prisoner is a deportable alien.
The warden also weighed the factors that apply to every request:
- Criminal history, including the nature of the current offense, unresolved detainers, supervised release violations, and the length of sentence and time served.
- Personal history, including current age, age at the time of arrest, and institutional adjustment, including disciplinary infractions.
- Release plans, including employment, medical and financial plans.
- Comments from victims.
- Whether release would minimize the severity of the offense.
What happened after the warden decided?
A denial could be appealed through the Bureau's Administrative Remedy Program. An approval went to the Bureau's General Counsel, then to the Director. If the Director approved, the federal prosecutor asked the judge to reduce the sentence, and the judge made the final decision.
Today the request goes to the judge instead. If you want help gathering the papers and writing the motion, book a consultation.
Going to court
You do not need the Bureau's approval. The person can file in the court that sentenced them 30 days after the warden receives the request, or sooner if they finish the Bureau's appeals (18 U.S.C. § 3582(c)(1)(A)). The judge makes the decision.
Two arguments no longer work. A later sentencing change that Congress did not make retroactive is not a reason (Rutherford v. United States, May 28, 2026). A claim that the conviction is wrong belongs in a 2255 motion, not here (Fernandez v. United States, May 28, 2026). Good conduct in prison cannot be the only reason (28 U.S.C. § 994(t)). And fitting a category is not a guarantee: the judge still weighs the whole case.