Compassionate release is a mechanism within the federal prison system that allows inmates to be released early for "extraordinary and compelling reasons."
It is designed to provide a ray of hope and relief to those whose continued incarceration would be unjust due to unforeseen circumstances that arise after sentencing. Most commonly, compassionate release is granted to inmates who have aged in prison or developed serious disabilities or illnesses. Still, it can also be granted for other extraordinary circumstances.
The Sentencing Reform Act of 1984 was signed into law decades ago. Congress included the concept of compassionate release in the law. A federal prisoner can receive compassionate release only for extraordinary reasons.
The Director of the Federal Bureau of Prisons (BOP) or the prisoners themselves can request compassionate release in federal prison.
The BOP, as the overseeing body, is responsible for reviewing and evaluating these requests, and the prisoner's original sentencing court makes the final decision on whether to reduce a sentence on compassionate release grounds.
28 CFR § 571.60 - Purpose and scope says, "Under 18 U.S.C. 4205(g), a sentencing court, on motion of the Bureau of Prisons, may make an inmate with a minimum term sentence immediately eligible for parole by reducing the minimum term of the sentence to time served.
Under 18 U.S.C. 3582(c)(1)(A), a sentencing court, on motion of the Director of the Bureau of Prisons, may reduce the term of imprisonment of an inmate sentenced under the Comprehensive Crime Control Act of 1984.
The Bureau uses 18 U.S.C. 4205(g) and 18 U.S.C. 3582(c)(1)(A) in particularly extraordinary or compelling circumstances that the court could not have reasonably foreseen at the time of sentencing."
The Federal Bureau of Prisons (BOP) policy statement lists three broad categories for compassionate release: (1) medical reasons, (2) non-medical circumstances, and (3) elderly.
Suppose you or a loved one is incarcerated in the federal prison system. The following overview will help you understand whether you/they are eligible for possible compassionate release and the steps you need to take.
What is Compassionate Release?
Compassionate release is a provision under 18 U.S.C. § 3582(c)(1)(A) of the United States Code, which permits federal courts to reduce an inmate's sentence for extraordinary and compelling reasons.
This provision recognizes that circumstances may change after an individual is sentenced, such as serious health conditions or family crises, which would make continued incarceration inhumane or counterproductive.
The primary objective of compassionate release is to balance public safety with compassion for those who are no longer a threat and whose incarceration no longer serves the interests of justice.
Initially, the Bureau of Prisons (BOP) held exclusive authority to file motions for compassionate release on behalf of inmates. However, the enactment of the First Step Act in 2018 brought significant reforms to this process.
This legislation now permits inmates to file motions directly with the court after exhausting administrative remedies within the BOP or if the BOP does not respond to their request within 30 days.
This change empowers inmates and their advocates, creating a more accessible and hopeful pathway for seeking early release.
What are the Qualifying Circumstances for Compassionate Release?
To qualify for compassionate release, an inmate must present extraordinary and compelling reasons that justify a reduction in their sentence.
The U.S. Sentencing Commission has provided guidelines to help define what constitutes such reasons, although courts have broad discretion to interpret these guidelines. Generally, the circumstances that may qualify are discussed below.
Advanced Age
Inmates aged 65 and older who have served at least 75 percent of their sentence or a minimum of 10 years and are experiencing significant physical or mental health deterioration due to aging may be eligible for compassionate release.
This policy is grounded in the understanding that older inmates are generally less likely to pose a threat to society. Furthermore, continued incarceration can exacerbate health issues and complicate the provision of adequate care within prison environments. Other criteria include:
- Suffer from chronic or serious medical conditions related to the aging process.
- Experiencing diminished mental or physical health that diminishes the ability to function in a prison.
- Has no hope that conventional treatment will improve the mental or physical condition.
The BOP will consider the age at which the offense was committed, whether the medical conditions existed at the time of the offense, and whether the prisoner's presentence report mentions the medical conditions.
Terminal Illness
Inmates diagnosed with a terminal illness with a life expectancy of 18 months or less may be eligible for compassionate release.
This is one of the most common grounds for compassionate release, as it reflects a humanitarian approach to end-of-life care. Medical records and expert testimony from healthcare professionals play a crucial role in substantiating these claims.
Simply put, the Bureau has determined that certain terminal medical conditions amount to extraordinary and compelling reasons that may justify compassionate release in federal prison. Generally, the prisoner must have been diagnosed with a terminal, incurable disease that will lead to death within 18 months.
While the BOP may consider the functional impairments of terminally ill prisoners, they are not dispositive to the final decision on whether to grant compassionate release in federal prison.
Debilitating Medical Conditions
Inmates suffering from serious medical conditions, cognitive impairments, or other ailments that substantially diminish their ability to provide self-care within a correctional facility may also qualify for compassionate release.
These conditions must be irreversible and have progressed to a point where the inmate's ability to manage daily living activities is significantly impaired. Examples include advanced stages of diseases like Parkinson's, Alzheimer's, or debilitating injuries.
Simply put, regulation and policy allow for the compassionate release in federal prisons of certain prisoners who suffer from a debilitated medical condition but are not necessarily terminal.
A prisoner must be completely disabled or confined to a bed or chair for more than 50 percent of waking hours in order to qualify as debilitated. In addition to physical disabilities, the BOP shall consider cognitive impairments when reviewing a prisoner's claim of a debilitated medical condition.
Family Circumstances
Family-related grounds for compassionate release typically involve situations where an inmate's family is facing extraordinary hardship that can only be alleviated by the inmate's presence. Two primary scenarios are considered:
- The death or incapacitation of the caregiver of the inmate's minor child or children.
- The incapacitation of the inmate's spouse or registered partner when the inmate would be the only available caregiver.
These situations must be well-documented, showing that no other reasonable alternative exists to address the family crisis.
Simply put, sometimes, the death or incapacitation of the family member caregiver of a federal prisoner's child may qualify as an extraordinary and compelling reason to grant compassionate release.
As a general rule, the caregiver must have either died or become completely incapable of caring for the child, who must be under eighteen.
Additionally, the prisoner must be the only available family member caregiver. The Bureau will consider the best interests of the child when reviewing a prisoner's claim of need to care for a child.
What Other Factors Are Considered?
Let's review what other factors are considered in the evaluation of all compassionate release federal prison categories.
Regardless of what the extraordinary or compelling reason justifying compassionate release in federal prison, the BOP will consider a host of factors when weighing a federal prisoner's application, including the following:
- Criminal history.
- Disciplinary infractions.
- Institutional adjustment.
- Statements from victims.
- Unresolved detainers.
- Release plans.
- Supervised release violations.
- Nature and circumstances of the crime.
- Personal history from the presentence report.
- Length of sentence and time already served.
- Prisoner's age now and at the time of the offense.
- Whether release would minimize the severity of the offense.
What is the Process for Petitioning for Compassionate Release?
The process for seeking compassionate release typically involves the following steps:
- Formal Petition: The process of securing compassionate release begins with a formal petition, typically initiated by the inmate or their legal representative. This petition must be submitted to the warden of the facility where the inmate is housed. It should include comprehensive documentation supporting the claim of extraordinary and compelling reasons. Medical records, affidavits, and detailed explanations of the inmate's circumstances are often required to build a persuasive case.
- BOP Review: Once the petition is submitted, the warden reviews it and forwards it with recommendations to the Bureau of Prisons (BOP), who must respond within 30 days. The BOP conducts a thorough review, taking into account the nature of the offense, the inmate's behavior while incarcerated, and the potential risk to the community upon release.
- Court Approval: If the BOP approves the petition, it is then forwarded to the court for final approval. Judges evaluate the submitted evidence and may hold hearings to gather more information before making a determination. Once approved, the release is implemented.
If the BOP denies the request or does not respond within 30 days, the inmate has the right to file a motion directly with the federal court that sentenced them. Courts generally require proof that the inmate has exhausted all administrative remedies before they will entertain a motion for compassionate release.
For additional information, contact Eisner Gorin LLP, our federal criminal defense lawyers based in Los Angeles, California.
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