Why do medical records matter?
If the request is about illness, the records are the case. A judge cannot find “extraordinary and compelling reasons” — reasons unusual and serious enough to shorten a sentence — without proof. The Bureau of Prisons will pull some records itself, but you should gather everything you can.
What if the condition started before prison?
Get the records from outside doctors and hospitals. A family member or lawyer can request them. Because medical records are private, you will usually need a signed HIPAA authorization, a power of attorney, or a health-care surrogate form from the person in prison.
How do you get records from the prison?
The person in prison asks the staff member the warden has named for records requests (28 C.F.R. § 513.42; Bureau Program Statement 1351.05). These are generally released:
- Medical and related data sheets (old form BP-8)
- Reports of medical history (forms SF-93 or BP-360)
- Reports of medical examination (form SF-88)
- Doctor's orders (form SF-508)
- Medication sheets (forms PHS 2128 and SF-510, supplement)
Lab reports with only test results, and no staff opinions, are also released. HIV test results can be reviewed but not kept in the cell; they can be mailed to someone outside prison.
Records with staff opinions get reviewed first. If staff decide they should not be handed over, the person is told in writing and given an address to make a formal request under the Freedom of Information Act (FOIA).
When do you use FOIA?
FOIA (5 U.S.C. § 552) lets a person in federal prison ask the Bureau for records directly, including records the prison withheld (28 C.F.R. § 513.61; Program Statement 1351.05). A family member or lawyer can file the request with the person's written permission. FOIA requests can take a long time, so start early. Check the Bureau's FOIA page at bop.gov for the current address, fees, and forms.
Attach the records that matter most to the warden request. Thirty days after the warden receives it, the same records can go to the judge. See terminal and debilitated medical pages.
More on getting medical records
Original page last updated October 4, 2021. Statements about the law were updated in October 2026; the box below gives today’s rules.
Compassionate release under 18 U.S.C. § 3582(c)(1)(A) is most often used by people with serious medical conditions. Historically, the Bureau of Prisons rarely granted it to anyone without one. For those requests, the medical records carry the case.
If someone you love has a serious or terminal medical condition in federal prison, it helps to know what the Bureau of Prisons and the judge will look for. The Bureau will gather some records itself. You should still gather everything you can.
If the condition started before prison, get the records from outside doctors and hospitals. Family members or a lawyer can help. Because medical records are private, you may need a health-care surrogate form, a power of attorney, or a HIPAA authorization signed by the person in prison.
Getting records from the prison
Getting records from the Bureau takes patience.
Access is governed by 28 C.F.R. § 513.42 and Bureau Program Statement 1351.05, Release of Information. The person in prison asks the staff member the warden has named. These records are generally released to the person:
- Medical and related data sheets (old form BP-8).
- Reports of medical history (forms SF-93 or BP-360).
- Reports of medical examination (form SF-88).
- Doctor's orders (form SF-508).
- Medication sheets (forms PHS 2128 and SF-510, supplement).
Lab reports with only test results, and no staff opinions, are also released. HIV test results can be reviewed but not kept by the person; they can be mailed to someone outside prison.
Records with staff opinions about care and treatment are reviewed first to decide whether handing them over "would present a harm to either the prisoner or other individuals." If not, they are released. If staff decide otherwise, the person is told in writing and given the address to make a formal request under the Freedom of Information Act (FOIA).
Getting records through FOIA
The Freedom of Information Act, 5 U.S.C. § 552, lets a person in federal prison ask the Bureau for records directly, including records withheld at the prison (28 C.F.R. § 513.61; Program Statement 1351.05). The Bureau can still withhold some information, but under different standards than the prison uses.
The Bureau's FOIA office will report the status of the request. The article listed the address as Director, Federal Bureau of Prisons, 320 First Street, NW, Washington, DC 20534, with “FREEDOM OF INFORMATION REQUEST” written on the envelope. A third party, such as a family member, can file with the person's written permission, dated within three months of the request. Check the Bureau's FOIA page at bop.gov for the current address, forms, and requirements before you file.
Using the records
A common approach is to write the request as a letter and attach the most important records. Point to the pages that show how serious the condition is.
See our Compassionate Release Examples page for more.
Getting help
Anyone can submit a request to the warden; a lawyer isn’t required. If you want a lawyer to gather the records and write the request, book a consultation.
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Common questions
Which medical records help a compassionate release request?
Start with what the Bureau itself must include when a warden supports a medical request: a Comprehensive Medical Summary from the attending physician with an estimate of life expectancy, plus relevant test results, consultations, and referral reports (Program Statement 5050.51, section 10). Records from doctors and hospitals outside prison can show the history of the condition. See how to get medical records.
How does someone in federal prison get copies of their medical records?
They send an Inmate Request to Staff (form BP-A0148) to the prison’s Health Services Administrator (Program Statement 6090.04, section 3; 28 C.F.R. § 513.42). Staff review the records first, and anything withheld can be requested under the Freedom of Information Act.
Can a family member get an inmate’s medical records?
Yes, with the person’s written permission. The request goes to the Bureau’s FOIA/Privacy Act office with an authorization that is notarized or signed under penalty of perjury and dated within three months of the request (28 C.F.R. § 513.63; Program Statement 6090.04, section 3).