Sample petition for a “New Law” elderly federal prisoner

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.
Age. A court may consider a person who is 65 or older, has a serious decline in health because of aging, and has served at least 10 years or 75 percent of the sentence, whichever is less (U.S.S.G. § 1B1.13(b)(2)). A separate rule covers people 70 or older who have served 30 years under 18 U.S.C. § 3559(c) (§ 3582(c)(1)(A)(ii)).

Older federal prisoners who fit the “New Law” Elderly Inmate category can ask for compassionate release. Below is a sample petition, plus an explanation of who qualified.

Who qualified under the 2018 policy

Under the Bureau’s 2018 policy (Program Statement 5050.49 § 4(a), replaced by Program Statement 5050.51 on September 3, 2026), to qualify under the “New Law” Elderly Inmate category, a person had to:

Have been sentenced on or after November 1, 1987
Be 70 years old or older
Have served 30 or more years in prison

About the sample petition

To help families and friends of older federal prisoners, we created a sample petition for someone who qualifies under the “New Law” Elderly Inmate category. These petitions are also called applications, forms or letters. The sample is simplified and uses a made-up prisoner with a made-up background.

We suggest getting a lawyer’s help when filing a compassionate release petition. Criminal Center helps people in prison and their families through the often confusing compassionate release process.

See our “new law” elderly inmate page for more about this category of compassionate release.

Sample compassionate release petition for a “New Law” elderly inmate

Karl Rogers

Reg. No. 23456-789

FCI Herlong

P.O. Box 800

Herlong, CA 96113

March 3, 2018

_____ _____, Warden

FCI Herlong

741-925 Access Road A-25

Herlong, CA 96113

RE: Compassionate Release Petition for a “New Law” Elderly Inmate

Dear Warden _____:

My name is Karl Rogers and I’m incarcerated at FCI Herlong. 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 “New Law” Elderly Inmate category as discussed in Section 4(a) of the program statement. According to this program statement, inmates who were sentenced after November 1, 1987, who are 70 years old or older, and who have served 30 years or more qualify for compassionate release under this policy provision.

On December 5, 1988 I was sentenced to a term of 50 years imprisonment for conspiring to distribute a quantity of crack cocaine. I have now served a total of 30 years and recently turned 70 years old. During my incarceration I have maintained a spotless disciplinary record and have availed myself of every program available to those convicted of a drug offense (i.e., Drug Education Class, AA/NA, Non-Residential Drug Abuse Program, Criminal Thinking, and Smart Recovery). As such, I believe that I qualify for compassionate release due to being a “New Law” Elderly Inmate.

In addition to the above, I have worked in my prison’s Education Department as an inmate tutor for the past decade. I spend my days helping fellow prisoners study for their GED. I find this work very rewarding and honestly believe that I have changed the trajectories of many lives. In short, I’m doing my part to make amends for my crimes one life at a time, and believe that this work has helped to not only direct my students away from crime, but to also improve public safety through my students’ transformations.

If this petition is granted, I will go and live with my son, Scott Rogers, who lives at 345 Ocean Drive, Santa Monica, CA 00000. To support myself, I will work as a cashier in my son’s hardware store, Rogers’ Hardware, which is also located in Santa Monica. My son has agreed to otherwise support me financially and ensure that I receive any required medical care.

I appreciate your considering this compassionate release petition. I have been in prison for a very long time and have most certainly learned from the mistakes of my past. I am now an old man who wants to go home, be with his children and grandchildren, and leave this prison existence behind me. I pray that you heed my call and let me go home to be with my family.

Respectfully Submitted,

Karl Rogers

Encl.

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