Can sex offenders get compassionate release?

Originally published March 28, 2021. Statements about the law were updated in October 2026; the box below gives today’s rules.

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.

Rehabilitation. By law, rehabilitation alone is not an extraordinary and compelling reason (28 U.S.C. § 994(t)). It can be weighed together with other reasons (U.S.S.G. § 1B1.13(d)).
COVID-19 and outbreaks. Today a court looks at whether the prison is affected, or at imminent risk of being affected, by an ongoing infectious disease outbreak or public health emergency, and whether the person faces a higher risk of severe illness or death that cannot be reduced in time (U.S.S.G. § 1B1.13(b)(1)(D)).

Outcomes vary. A past result does not predict or guarantee the outcome of any other case.

Court record: United States v. Hassenflug, No. 4:16-cr-00367 (W.D. Mo.).

Yes, people convicted of sex offenses can get federal compassionate release. In 2020, a federal judge in Missouri granted release to Jeffrey Hassenflug, who was serving time for child pornography offenses and had prostate cancer.

Can Sex Offenders Get Compassionate Release?

Why you rarely hear about these cases

You almost never hear about sex offenders getting compassionate release, and there is a reason for that, though it may not be what you think. The reality is that sex offenders can get compassionate release, and it actually happens all the time.

You just don’t hear about it because courts keep these opinions unpublished and off the front pages. If you don’t know where to look, you will never hear about it.

The case of Jeffrey Hassenflug

Take the case of Jeffrey Hassenflug. On December 14, 2016, a grand jury in the Western District of Missouri indicted him for Distribution of Child Pornography over the Internet, Receipt of Child Pornography over the Internet, and Possession of Child Pornography.

He pleaded guilty. On October 19, 2018, the court sentenced him to 90 months in prison, followed by 10 years of supervised release. According to the government:

The defendant was employed as a physician at all times during the offense period. In this position the defendant potentially had access to children and the opportunity for close physical contact with children. That the defendant chose a career in which he would have the opportunity for physical contact with minors is concerning given his deviant sexual attraction to children. Additionally, it is noteworthy that while the defendant was on bond for the offense of conviction the defendant had contact with a female friend of his 10–year-old nephew. Specifically, On April 12, 2018, the defendant and his mother accompanied the defendant’s nephew and his friend to a park. The defendant admitted to pretrial officers that the mother of his nephew’s friend was not aware of his pending charges

His request and the government’s response

On August 19, 2020, Hassenflug wrote his own motion and sent it to the court. He asked for immediate compassionate release because of the COVID-19 outbreak and his prostate cancer diagnosis.

The government objected. It said he was on a priority list for transfer to FCI Butner for treatment and that he was still a serious danger to the community:

Nothing about the COVID-19 pandemic reduces the defendant’s danger to others. The defendant has failed to demonstrate that the factors that the Court considered at the time of sentencing have changed, therefore the Court should deny the defendant’s motion for immediate release.

What the court decided

On October 28, 2020, the court granted Mr. Hassenflug’s compassionate release:

It is ORDERED, that defendant’s pro se Motion for Compassionate Release is GRANTED and the defendant’s previously imposed sentence of imprisonment is reduced to time served

Read the court filings: the government’s opposition and the order granting compassionate release.

Is compassionate release rare for sex offenders?

There is no simple answer. Courts look at many factors, including the person’s risk to the community.

It is safe to assume that a child pornography possession case would be more likely to win compassionate release than a production case, in the same way that a drug user would have a better chance than a drug kingpin.

A person’s chances depend on many things, from the sentencing judge’s views on sex offenses to the person’s health and rehabilitation record. If you are considering compassionate release, it helps to have an experienced lawyer present the strongest argument the facts support for a sentence reduction. After all, the government will have professionals arguing exactly the opposite.

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