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seq<\/em>. Bureau policy is located in Program Statement 5050.49, Compassionate Release\/Reduction in Sentence<\/a>. U.S. Sentencing Commission Guidelines relating to compassionate release can be found in \u00a7 1B1.13 of the Guidelines Manual.<\/p>\r\nPursuant to law and federal regulation, some elderly prisoners qualify for compassionate release. An elderly prisoner seeking compassionate release must meet certain criteria. Broadly, qualifying elderly prisoners are divided into three different categories: medical, new law, and others.<\/p>\r\n
Compassionate Release: Elderly Prisoners with Medical Conditions<\/h2>\r\n
An elderly prisoner with a medical condition who is 65 years of age or older may qualify for compassionate release. The Bureau requires that the prisoner suffers from “chronic or serious medical conditions related to the aging process” for which conventional treatments promise no substantial improvement. Additionally, elderly prisoners with medical conditions must have served at least 50 percent of their sentence, and must be experiencing “deteriorating mental or physical health that substantially diminishes their ability to function in a correctional facility.”<\/p>\r\n
Prisoners who meet these criteria can apply to the Warden for a reduction in sentence. In addition to the qualifying criteria<\/a>, the Warden will consider the age at which the prisoner committed the current offense and whether the prisoner suffered from the condition at the time of offense or sentencing.<\/p>\r\n See our sample Elderly Inmates with Medical Conditions compassionate release petition<\/a>\u00a0for an example.<\/p>\r\n The U.S. Sentencing Commission Guideline<\/a>\u00a0which describes the compassionate release of elderly prisoners with medical conditions differs from the Bureau’s policy in two ways. Most significantly, the U.S. Sentencing Commission requires only that such a prisoner has served 10 years or 75 percent of his or her sentence, whichever is less<\/em>. The Guideline also specifically eliminates any inquiry into whether the condition existed or was apparent at the time of offense or sentencing.<\/p>\r\n Bureau policy also contemplates the compassionate release of certain other prisoners. These categories do not require any medical impairment, only that the prisoner be age 65 or older and have served the greater of 10 years or 75 percent of the sentence. Bureau policy specifically excludes prisoners who were age 60 or older at the time that they were sentenced from this reduction in sentence category.<\/p>\r\n For an example of such a petition, see our compassionate release petition for Elderly Prisoners without Medical a Condition<\/a>.<\/p>\r\n Finally, “new law” elderly prisoners may also qualify for compassionate release. A new law prisoner is one who was sentenced for an offense that occurred on or after November 1, 1987. A new law prisoner may apply for compassionate release when they have reached 70 years of age or more and have served at least 30 years of their sentence.<\/p>\r\n For an example of such a petition, see our “New Law” Elderly Inmate compassionate release request.<\/a><\/p>\r\n When the Warden receives a compassionate release request from an elderly prisoner, he will consider several factors. These factors are not exclusive or weighted, and the overall objective is for the Warden to “consider whether the inmate’s release would pose a danger to the safety of any other person or the community.” The factors include:<\/p>\r\n Note that the Warden has substantial discretion<\/a>\u00a0in approving or denying the compassionate release petition.<\/p>\r\n While it is free to submit a compassionate release petition, understanding the process<\/a>\u00a0and completing the application in a professional manner are not simple tasks. As such, we highly recommend that you contact us at the Law Offices of Brandon Sample for help. We can assist by conducting in-depth research into your personal and medical backgrounds, crafting a detailed petition, and submitting the petition to the proper authorities for review. We can also troubleshoot as problems arise, as they often do when seeking a reduction in sentence. Let us help you make the best first impression, which can go a long way toward a grant of compassionate release.<\/p>\r\n If you have additional questions about elderly inmate compassionate release, please call 802-444-4357.<\/p>\r\nCompassionate Release: Other Elderly Prisoners<\/h2>\r\n
Review Criteria for Elderly Inmates<\/h2>\r\n
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Researching, Drafting and Submitting the Petition<\/h2>\r\n
Related Content<\/h2>\r\n
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