Terminal Medical Condition Compassionate Release Petition
Federal inmates who have a terminal medical condition are allowed to petition for compassionate release.
According to BOP Program Statement 5050.49, Compassionate Release/Reduction in Sentence, at § 3(a), in order to qualify under the Terminal Medical Condition category, the inmate must be “diagnosed with a terminal, incurable disease and [have a] life expectancy [of] eighteen (18) months or less.” Functional impairment may also be considered, but a terminal medical condition is required in this category.
In an effort to assist federal inmates and their families understand how the compassionate release petition process works, below we have drafted a sample compassionate release application for an inmate who qualifies under the Terminal Medical Condition category. It should be noted that this is only a simple example that should be modified for each individual inmate who might want to use it. It is recommended that you contact us at the Law Offices of Brandon Sample to assist in this process as it is highly nuanced and first impressions are critical when submitting such a petition.
While such requests are interchangeably known as compassionate release applications, letters, and forms, below we have used the letter format as an example.
See our terminal medical condition page for more information about this category of compassionate release.
Sample Compassionate Release Petition for a Terminal Medical Condition
Reg. No. 12345-678
P.O. Box 1600
Butner, NC 27509
January 1, 2018
_____ _____, Warden
Old Highway 75
Butner, NC 27509
RE: Compassionate Release Petition for a Terminal Medical Condition
Dear Warden _____:
My name is John Smith and I am an inmate housed at FMC Butner. This letter serves as my request for compassionate release in accordance with Program Statement 5050.49, Compassionate Release/Reduction in Sentence: Procedures for Implementation of 18 U.S.C. § 3582(c)(1)(A).
This petition is specifically made as to the Terminal Medical Condition category discussed in Section 3(a) of the program statement. According to the program statement, inmates who have been diagnosed with a terminal medical condition and whose life expectancy is eighteen months or less qualify for compassionate release under this policy provision. I fulfill both of these requirements.
After several years of deteriorating health while in Bureau of Prison’s custody, on December 12, 2017 I was diagnosed by FMC Butner medical personnel as suffering from ALS (see enclosed medical records). This is a terminal medical condition which is incurable. While my doctors have not rendered a specific life expectancy, they believe that I will not live longer than 18 months.
In line with the above diagnosis, my doctors have placed me in the FMC Butner hospice program to make me as comfortable as possible. It is here where I will reside pending disposition of this compassionate release petition. Frankly, it is no longer a question of if I will die or from what, but when. I would very much like to pass at home, surrounded by family and friends.
While in Bureau custody I have maintained a clean disciplinary record. I have also engaged in various educational and psychological programming. These include earning my GED and participating in Adult Continuing Education (ACE) classes, the Drug Education Class, and the Life Connections Program. In addition to this, I have also worked hard to pay back all special assessment fees and ordered restitution. I no longer have any financial obligations.
If this compassionate release petition is granted, I will reside with my wife, Mrs. Jane Smith, at 123 Sample Road, Anytown, PA 12345. My wife will support me financially and will also make provisions for end of life care and other required medical care. Due to the limited time that I have remaining, I will not be working. Instead, I will remain at my home.
Thank you very much for your consideration. I pray you will grant this petition so that I may go home and be with my family for what time I have left.
If you would like attorney assistance with drafting and filing a Terminal Medical Condition Compassionate Release petition, please call us at 802-444-4357.