Compassionate release law and policy: common questions

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.

Federal compassionate release comes from a law Congress passed, 18 U.S.C. § 3582(c)(1)(A). The U.S. Sentencing Commission’s guideline, § 1B1.13, describes what counts as an “extraordinary and compelling” reason, and the Bureau of Prisons (BOP) runs the program under its own rules. Since the First Step Act of 2018, a judge makes the final decision.

1. What policy, regulation or statute governs federal compassionate release?

Congress created compassionate release in the Sentencing Reform Act of 1984. The law is found at 18 U.S.C. § 3582(c)(1)(A). Since then, the U.S. Sentencing Commission has developed policy on who qualifies for compassionate release. That policy is in U.S. Sentencing Guidelines § 1B1.13.

2. Does the U.S. Sentencing Commission’s policy govern federal compassionate release?

Yes and no. U.S. Sentencing Commission policy effectively advises the BOP (and the federal courts) about what counts as an “extraordinary and compelling” reason. But the BOP has its own policies for running the program.

3. What BOP policy governs the compassionate release program?

Bureau of Prisons Program Statement 5050.51 (September 3, 2026) governs how the program runs. 28 C.F.R. § 571 et seq also gives the BOP guidance.

4. Why are there so many moving parts?

When Congress created compassionate release, it told the U.S. Sentencing Commission to write policies to help the BOP run the program. The BOP then wrote its own policies, which for years conflicted in some ways with the Commission’s. Neither agency can force the other to change its policies, because the Sentencing Commission is part of the judicial branch and the BOP is an executive branch agency.

5. Who has the final say on federal compassionate release policy?

When this FAQ was first written, our answer was that the BOP’s policies should be relied on, since the BOP is the agency that actually runs the compassionate release program.

6. What about the broader policies of the U.S. Sentencing Commission?

At the time, these were thought of as persuasive authority, not mandatory authority. The BOP’s decisions are final only as to whether the BOP itself will file a motion. Since the First Step Act of 2018, the person in prison can file in court after a denial or after 30 days pass, and the judge decides.

7. What would it take to bring the Sentencing Commission’s and the BOP’s policies in line with each other?

One of the two agencies would need to change its policies to match the other’s, or Congress would have to amend the U.S. Code.

8. Are any changes planned to these policies?

The BOP has faced heavy public scrutiny and criticism over how it runs the federal compassionate release program. When this FAQ was first written, several bills in both houses of Congress would have changed the program. On September 3, 2026, the BOP aligned its categories with U.S.S.G. § 1B1.13 in Program Statement 5050.51.

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