What law governs federal compassionate release?
Once a federal sentence starts, most people serve the bulk of the term the judge imposed. Compassionate release is one of the few ways to shorten that term when extraordinary and compelling reasons — reasons that are unusual and serious — justify it. Four sources control the answer: a statute passed by Congress (18 U.S.C. § 3582(c)(1)(A)), the Sentencing Commission's policy statement (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 inside the agency.
Fitting a listed category is not a promise of release. The judge must also weigh the sentencing factors in 18 U.S.C. § 3553(a)— including the nature of the crime, the person's history, and public safety — and decide whether a shorter sentence is warranted on the whole record.
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 justify it, after considering the § 3553(a) factors, and if the reduction is consistent with applicable policy statements of the Sentencing Commission.
The First Step Act of 2018 (Pub. L. No. 115-391, § 603(b)) 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 written request, whichever comes first. A family member or lawyer may send that warden request on the person's behalf (28 C.F.R. § 571.61(b)). See the First Step Act page for the terminal-illness notice rules and the annual report to Congress.
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 (Amendment 814). It applies to motions the Bureau files and to motions the person files. A clerical wording change (calling the agency the “Federal Bureau of Prisons”) took effect November 1, 2026; it does not change the substance of the categories. For how the Commission writes and updates this rule, see the Sentencing Commission's role.
Medical (b)(1): a terminal illness; a serious condition, impairment, or age-related decline that badly limits self-care in prison and from which the person is not expected to recover; a condition needing long-term or specialized care the prison is not providing in a timely way; or an outbreak or public health emergency that puts the person at elevated risk. Age (b)(2): 65 or older, serious deterioration from aging, and at least 10 years or 75 percent of the term served, whichever is less.
Family (b)(3): the death or incapacitation of the caregiver of the person's minor child, or of an adult child who cannot care for themselves because of a disability or medical condition; or the incapacitation of a spouse, registered partner, parent, or similarly situated family member when the person would be the only available caregiver. Abuse in custody (b)(4): sexual abuse, or physical abuse resulting in serious bodily injury, committed by a correctional officer, another Bureau employee or contractor, or anyone else who had custody or control over the person. Other reasons (b)(5): any circumstance or combination of circumstances that, alone or with the reasons above, is similar in gravity. Unusually long sentence (b)(6): limited by the Supreme Court in 2026, as explained below. Rehabilitation of the person while in prison is not, by itself, an extraordinary and compelling reason (28 U.S.C. § 994(t); U.S.S.G. § 1B1.13(d)).
What do the Bureau regulations say?
28 C.F.R. part 571, subpart G, sets the steps the Bureau follows when it reviews a request inside the agency. These rules do not bind the judge on a motion the person files, but they still matter for exhaustion and for what the Bureau will bring on its own.
- 28 C.F.R. § 571.61: the request goes to the warden in writing, with the proposed release plan and the reasons the person believes extraordinary and compelling circumstances exist.
- 28 C.F.R. § 571.62: if the warden approves, the request goes to the Bureau's General Counsel, who obtains the Medical Director's opinion for medical requests (or the Assistant Director, Correctional Programs Division, for other requests) and the views of the United States Attorney. The Director decides. If the Director approves, the United States Attorney 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, 608 U.S. 454 (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, 608 U.S. 411 (May 28, 2026), held that a claim that the conviction is invalid — for example, innocence or a trial error — belongs in a motion under 28 U.S.C. § 2255, not a compassionate release motion. Those holdings leave medical, age, family, abuse-in-custody, and other similarly serious personal circumstances as the core grounds a judge may still consider under § 1B1.13(b).
What does Bureau policy add?
Program Statement 5050.51, Compassionate Release/Reduction in Sentence Procedures (September 3, 2026), replaced the prior policy statements (including 5050.50 and, before that, 5050.49). Its categories overlap with U.S.S.G. § 1B1.13 but are not identical: terminal illness, debilitated medical condition, elderly inmates with medical conditions, infectious disease outbreak, and other serious medical needs; “new law” and “old law” elderly tracks (age 70 with 30 years served for the older track); sexual or physical abuse by Bureau staff; and D.C. Code offenders. It dropped the Bureau's child-caregiver, spouse or partner caregiver, and “other elderly” categories. It also allows people in residential reentry centers or on home confinement to apply through the same channel.
A court motion is decided under the statute, § 1B1.13, and controlling case law — not the Bureau's internal list. Bureau policy still matters for what the agency will bring on its own, and for how a warden request is processed before a person files in court. Family circumstances and age-related decline remain available grounds under § 1B1.13(b)(2) and (b)(3) even when the Bureau will not file.
For category-by-category detail, see who may qualify. For the steps from warden request to court order, see how the process works. If you want a lawyer to review whether the facts fit these sources, Request a consultation.