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submit an application for compassionate release to the Warden. It is crucial that the prisoner supply all documentation to support the claim, including the following, which are required:<\/p>\r\nFederal prisoners may pursue compassionate release when the caregiver of the prisoner’s biological or adopted child has died or become incapacitated. The regulations and policy outlining this extraordinary and compelling circumstance contemplate the possible compassionate release of a federal prisoner when death or incapacitation suddenly leaves a minor child without a family member caregiver.<\/p>\r\n
A federal prisoner who finds him or herself in this circumstance may submit an application for compassionate release to the Warden. It is crucial that the prisoner supply all documentation to support the claim, including the following, which are required:<\/p>\r\n
To simplify the process of applying for compassionate release, see our Sample Compassionate Release Petition for Death or Incapacitation of a Minor Child’s Caregiver<\/a>.<\/p>\r\n Once the Warden is in possession of the application and supporting documents, she may deny the claim or move forward with a second stage of review. At this stage, the Warden convenes a committee for further study of the application. The committee will generally include the prisoner’s unit manager, counselor, and any other relevant staff, including social workers, psychologists or doctors. The committee gathers additional documentation, including the following:<\/p>\r\n In making the decision at the institutional level, the Warden considers the following factors:<\/p>\r\n The Warden will also consider the best interests of the child in making a recommendation. As with all compassionate release requests, if the Warden approves, the application is forwarded to the General Counsel. If General Counsel signs off, the application goes to the Director. If the Director approves the application, the U.S. Attorney for the district in which the prisoner was sentenced will move the court for a reduction in sentence to time served. If the court grants the motion, the prisoner is immediately released.<\/p>\r\n Read our page on the compassionate release approval process<\/a>\u00a0to learn more about the steps involved.<\/p>\r\n We strongly urge you to not engage in this process alone. At the Law Offices of Brandon Sample<\/a>, we have experience in researching, writing, and shepherding compassionate release petitions based on the incapacitation of a child’s caregiver. Contact us to learn how we can help and give you the best possible chance of a successful petition.<\/p>\r\n To learn more about the death or incapacitation of child’s caregiver category of compassionate release or to retain the services of an attorney, call 802-444-4357.<\/p>\r\nInstitutional Committee Review<\/h2>\r\n
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Warden’s Reviewing Criteria<\/h2>\r\n
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Compassionate Release Review and Approval Process<\/h2>\r\n
Utilizing Competent Counsel<\/h2>\r\n
Related Content<\/h2>\r\n
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