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compassionate release for any prisoner without such a condition. An important aspect of succeeding at obtaining a compassionate release is to secure and present the appropriate medical records for compassionate release.<\/p>\nFor those unfortunately enough to suffer from a debilitating<\/a>\u00a0or terminal medical condition<\/a> while in federal prison, compassionate release may be available. It is crucial that any prisoner seeking such relief understand what the Bureau considers when making its decision. While the Bureau will attempt to gather the appropriate documents on its own, best practices suggest that prisoners spend some time and effort gathering all possible documentation in order to submit a thorough and persuasive compassionate release application.<\/p>\n As an initial matter, if the condition pre-dates the prisoner’s time in federal prison, all outside doctor and hospital documentation should be obtained. Family members or an attorney can assist<\/a>\u00a0in this process. Due to restrictions on the dissemination of personal medical information, a health care surrogate, power of attorney or HIPAA authorization form may be necessary.<\/p>\n Obtaining medical documents from the Bureau of Prisons can be a frustrating process. Patience and perseverance are required.<\/p>\n Prisoner access to their medical records is governed by 28 C.F.R. \u00a7 513.42 and Bureau Program Statement 1351.05, Release of Information. The prisoner may submit a request for records to the staff member designated by the Warden. In general, the following records are always disclosable, and may be obtained by the prisoner:<\/p>\n In addition, laboratory reports which contain only scientific results, and which do not include any staff evaluation or opinion, are disclosable. HIV test results are reviewable by the prisoner, but may not be possessed by them. Such results are allowed to be mailed to a third-party who is not incarcerated.<\/p>\n Medical records that contain subjective evaluations and opinions of medical staff relating to the care and treatment of the prisoner will only be provided to the prisoner after a review process. This process seeks to determine whether the prisoner’s possession of such a record “would present a harm to either the prisoner or other individuals.” If the review indicates that possession would present no such harm, the record is released to the prisoner. If staff determine otherwise, the prisoner will be advised in writing and will be “provided the address of the agency component to which the [prisoner] may address a formal request for the withheld records.” The formal request is also known as a Freedom of Information Act (FOIA) request.<\/p>\n The Freedom of Information Act, 5 U.S.C. \u00a7 552, allows federal prisoners to request medical records directly from the Bureau. While prisoners are encouraged to obtain records at the institutional level, both 28 C.F.R. \u00a7 513.61 and Program Statement 1351.05 permit a prisoner to file a FOIA request. This includes a request for documents that were requested but withheld at the institutional level. The Bureau may still exempt certain information from FOIA disclosure, but the standards for withholding documents required pursuant to FOIA are different than those used at local institutions.<\/p>\n Once a prisoner files a FOIA request, the FOIA Administrator will notify the prisoner of the status of their request. There may be fees associated with a FOIA request, but the first 100 pages and 2 hours of searching are free. After that, documents are billed at $0.10 per page, and searches are billed at between $10 per hour and $32 per hour, depending on the personnel needed to conduct the search.<\/p>\n FOIA requests should be submitted to Director, Federal Bureau of Prisons, 320 First Street, NW, Washington, DC 20534. The prisoner should clearly mark “FREEDOM OF INFORMATION REQUEST” on the front of the envelope. A third party may make a FOIA request on a prisoner’s behalf after submitting the prisoner’s written authorization. The authorization must be dated within three months of the FOIA request.<\/p>\n With medical records in hand, the inmate has the supporting documentation needed for their compassionate release request. A common approach is for the inmate to draft their request in a letter format, and then to attach relevant medical records for Bureau review. This format allows the inmate to effectively highlight the medical records that support their compassionate release request.<\/p>\n See our Compassionate Release Examples<\/a>\u00a0page for more information.<\/p>\n While there is no cost to file a compassionate release petition, the aid of competent counsel can mean the difference between success and failure. We at the Law Offices of Brandon Sample have extensive experience researching, drafting, submitting, and shepherding compassionate release petitions. As part of our research phase, we always secure supporting documentation for our clients. In fact, we are often able to reach out to specific Bureau staff to expedite the release of records. This is just one of the many benefits to retaining an attorney<\/a>\u00a0to assist in the compassionate release process<\/a>.<\/p>\n If you would like to hire an experienced attorney to assist you with getting compassionate release, call us at 802-444-4357. As part of the representation process, we would assist in obtaining your medical records so the best case for compassionate release can be made to the court. Call 802-444-4357 if you would like to hire an attorney to assist you.<\/p>\nSecuring Medical Records from the Institution<\/h2>\n
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Obtaining Records from the Bureau Using FOIA<\/h2>\n
Use of Medical Records with Compassionate Release Request<\/h2>\n
Retaining Outside Assistance<\/h2>\n
Related Content<\/h2>\n
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