Eight ways to shorten long prison sentences

Originally published July 3, 2020. 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.

Changes in sentencing law. In Rutherford v. United States (May 28, 2026), the Supreme Court held that when Congress makes a sentencing change non-retroactive (meaning it does not apply to people already sentenced), such as the First Step Act’s end of “stacked” § 924(c) sentences, the gap between an old sentence and today’s sentence cannot be an “extraordinary and compelling” reason, alone or combined with other reasons. Some older posts here describe court wins on that theory; those wins are history, not today’s law.

Taking the “mass” out of mass incarceration

A Prison Policy Initiative report says one key to ending mass incarceration is shortening sentences for people already in prison. Its ideas include wider parole, “second look” sentencing, more good time, and a simpler compassionate release process.

The United States has a higher incarceration rate than anywhere else on the planet. But that’s only half the problem. Even as incarceration rates drop, the amount of time people must serve keeps growing. About 200,000 people are serving a life sentence or the equivalent in American prisons.

Public pressure has pushed lawmakers to start lowering penalties for some crimes. Those changes would ease some of the problems of mass incarceration. But these small steps do little for people already in prison. People in prison need more chances to have their sentences shortened, through compassionate release or early parole.

A recent Prison Policy Initiative (PPI) report, “Eight Keys to Mercy: How to Shorten Excessive Prison Sentences,” lays out eight strategies for after conviction, including compassionate release. PPI says they would sharply reduce the number of people in prison and help ease the enormous harm prison has already done to people, families and communities.

Parole for everyone after 15 years

First, PPI argues that every person in prison should be eligible for parole after 15 years. In its view, parole should be expected, not something won only after long arguments. This would push parole boards to think objectively about why a person should stay locked up.

PPI says today’s parole system relies on personal opinion to come up with reasons to grant or deny parole. Under a more objective approach, parole would be denied only when there is an unacceptable risk the person will commit another crime.

Keeping someone in prison longer than necessary does more harm than good. Giving qualified people this chance would let them leave the system sooner. A steady flow of people going home would greatly reduce America’s very high incarceration rate.

Second chances with second-look sentencing

Second-look sentencing lets judges review a person’s sentence and possibly change it. Many states already have laws that let sentencing judges reconsider sentences, but sentences are rarely re-examined. The American Law Institute’s Model Penal Code suggests that a panel of retired judges could review long sentences after 15 years.

More second-look chances would give judges time to consider how the person has changed. Reviewing cases regularly could lead to shorter sentences and more early releases.

Rewarding good behavior

PPI also urges giving more good time (time off a sentence for good behavior) to people who behave exceptionally well in prison. In some systems, people who earn enough good time can make a case for early release. But earning enough good time to do that is very hard. States are very strict about what counts toward good time and are quick to take it away.

PPI believes everyone in prison should be able to take part in good-time programs, no matter what their conviction was. People should also be able to use the time they earn toward early parole. Earned good time should be taken away only for a serious violation.

Even then, PPI says, that time should be given back at some point. Nearly 60,000 people who earned good-behavior release ended up back in prison for a technical violation (breaking a rule of release rather than committing a new crime). PPI argues that parole should be revoked only for something more serious than a minor technicality. PPI says that with more people eligible for good time and early parole, the number of people in prison, and the overall incarceration rate, would drop sharply.

Fixing compassionate release

PPI had one more key suggestion: reform compassionate release. Compassionate release was meant as a safety valve to free people who are chronically or terminally ill and pose no risk to public safety. As people in prison age, they need more health care. The current system does not provide adequate care, leaving these people to suffer in prison.

All states except Iowa have some form of compassionate release. But each state has its own hard-to-meet rules for qualifying. The process is very cumbersome. A case must pass through many administrators, doctors and judges before a final decision. A request can be denied simply because a doctor cannot say whether the person has nine months or less to live. Most of the time, the person has already died before a final decision is made.

PPI recommends that states adopt the Model Penal Code’s compassionate release system. Under the Model Penal Code, compassionate release would be available to everyone, no matter what the original offense was. And instead of waiting on the bureaucracy, people could be granted compassionate release based on the opinions of medical professionals.

How these changes could cut incarceration

PPI argues that if state and federal governments adopted these ideas, incarceration rates would fall sharply. The extremely long sentences handed out today do little to advance justice. They deter crime little more than shorter sentences would, and they offer little comfort to victims.

Compassionate release in federal prison

If you think you or a loved one may qualify for compassionate release from federal prison, read our guide to the criteria. People who qualify can now ask a judge for compassionate release, even if the Bureau of Prisons refuses. Criminal Center works on federal compassionate release cases and can help with yours.

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