What law governs federal compassionate release?

Four sources control federal compassionate release: a statute passed by Congress (18 U.S.C. § 3582(c)(1)(A)), the Sentencing Commission's rule (U.S.S.G. § 1B1.13), the Bureau of Prisons' regulations (28 C.F.R. part 571, subpart G), and the Bureau's policy (Program Statement 5050.51). The statute and the Commission's rule bind the judge. The regulations and policy govern what the Bureau does.

What does the statute say?

Congress created compassionate release in the Sentencing Reform Act of 1984. The law is 18 U.S.C. § 3582(c)(1)(A). A judge may reduce a sentence if extraordinary and compelling reasons — reasons that are unusual and serious — justify it, after weighing the sentencing factors in 18 U.S.C. § 3553(a), and if the reduction fits the Sentencing Commission's rules.

The First Step Act of 2018 changed who may file. Before, only the Director of the Bureau of Prisons could. Now the person in prison can file too, once they finish the Bureau's appeals or 30 days after the warden receives their request, whichever comes first. See the First Step Act page.

What is U.S.S.G. § 1B1.13?

Congress told the U.S. Sentencing Commission to describe what counts as extraordinary and compelling (28 U.S.C. § 994(t)). The Commission did that in a “policy statement,” U.S.S.G. § 1B1.13. The current version took effect November 1, 2023. It lists six kinds of reasons in § 1B1.13(b).

Medical (b)(1): a terminal illness; a serious condition, impairment, or age-related decline that badly limits self-care in prison and will not improve; a condition needing long-term or specialized care the prison is not providing; or an outbreak or public health emergency that puts the person at higher risk. Age (b)(2): 65 or older, serious decline from aging, and at least 10 years or 75 percent of the sentence served, whichever is less.

Family (b)(3): the caregiver of a minor child (or an adult child who cannot care for themselves) has died or is incapacitated; or a spouse, registered partner, parent, or similar close family member is incapacitated and the person in prison would be the only available caregiver. Abuse in custody (b)(4): sexual abuse, or physical abuse causing serious injury, by prison staff. Other reasons (b)(5): anything, alone or combined with the reasons above, that is just as serious. Unusually long sentence (b)(6): limited by the Supreme Court in 2026, as explained below.

What do the Bureau regulations say?

28 C.F.R. part 571, subpart G, sets the steps the Bureau follows.

  • 28 C.F.R. § 571.61: the request goes to the warden in writing, with the reasons and a release plan.
  • 28 C.F.R. § 571.62: if the warden approves, the request goes to the Bureau's General Counsel, who gets the opinion of the Medical Director (medical requests) or the Assistant Director of the Correctional Programs Division (other requests), and of the federal prosecutor. The Director decides. If the Director approves, the prosecutor files the motion.
  • 28 C.F.R. § 571.63: a warden denial can be appealed through the Administrative Remedy Program. A denial by General Counsel or the Director is final inside the Bureau.

What did the 2026 Supreme Court cases change?

Rutherford v. United States (May 28, 2026) held that a sentencing change Congress did not make retroactive is not an extraordinary and compelling reason, alone or combined with other reasons. The Commission's rule, including § 1B1.13(b)(6), is invalid to the extent it says otherwise. Fernandez v. United States (May 28, 2026) held that a claim that the conviction is invalid belongs in a 2255 motion, not a compassionate release motion. Separately, good conduct cannot be the only reason (28 U.S.C. § 994(t); U.S.S.G. § 1B1.13(d)).

What does Bureau policy add?

Program Statement 5050.51, Compassionate Release/Reduction in Sentence Procedures (September 3, 2026), replaced the old policy (5050.50). Its categories now follow U.S.S.G. § 1B1.13: terminal illness, debilitated condition, elderly with medical conditions, infectious disease, and other serious medical needs; “new law” and “old law” elderly (age 70 and 30 years served); sexual or physical abuse by Bureau staff; and D.C. Code offenders. It dropped the child-caregiver, spouse-caregiver, and “other elderly” categories. It also lets people in halfway houses or on home confinement apply.

See the Sentencing Commission page and who may qualify.