About Compassionate Release 18 U.S.C. 3582(c)(1)(A)
Compassionate release is codified in law at 18 U.S.C. 3582(c)(1)(A) and described in section 1B1.13 of the United States Sentencing Guidelines.
It’s a set of rules which provides inmates an avenue to file a motion seeking a change in their sentence from their sentencing judge based on a prescribed list of circumstances which may have changed since sentencing. The technical term for circumstances that qualify for compassionate release is that they are “extraordinary and compelling.”
The First Step Act of 2018 made sweeping changes to the compassionate release statute by allowing inmates to file their motions to the court directly, rather than relying on the BOP to file on their behalf. Under the prior system, inmates had no avenue to appeal a denial to file their motion from the BOP.
What Can Qualify An Inmate For Compassionate Release?
Terminal Medical Condition:
- The prisoner has been diagnosed with a terminal, incurable disease with a life expectancy of 18 months; or
- The prisoner has a disease or condition with an end-of-life trajectory, meaning that the disease or condition will lead to death. A specific prediction of time left to live is not necessary.
Debilitated Medical Condition:
- According to the BOP: The prisoner has an incurable, progressive illness or has suffered a debilitating injury without hope of recovery. BOP will consider a compassionate release if the prisoner is completely disabled so they cannot carry on any self-care and is totally confined to a bed or chair; or able to do only limited self-care and is confined for 50 percent of waking hours to a bed or chair.
- According to the Sentencing Commission: The prisoner’s ability to provide self-care in the prison is substantially diminished and recovery is not expected because the prisoner is
- Suffering from a serious physical or medical condition;
- Suffering from a serious functional or cognitive impairment; or
- Experiencing deteriorating physical or mental health due to age.
New Law Elderly Prisoners:
- New Law Elderly Prisoners are those sentenced for an offense that occurred after November 1, 1987, who are
- 70 years old or older; and
- Have served 30 years of the sentence.
Elderly Prisoners (with Medical Conditions)
- According to the BOP:
- 65 years old or older;
- Suffer from chronic or serious medical condition related to age;
- Are experiencing deteriorating physical or mental health that substantially diminishes their ability to function in prison;
- Conventional treatment promises no substantial improvement; and
- Have served at least 50 percent of their sentence.
- According to the Sentencing Commission:
- 65 years old;
- Are experiencing serious physical or mental health deterioration due to age; and
- Have served at least the lesser of 10 years or 75 percent of their sentence.
Other Elderly Prisoners
- 65 years old or older; and
- Have served the greater of 10 years of 75 percent of their sentence.
Family Circumstances
- Death or incapacitation of the family member or caregiver of the prisoner’s minor children (BOP adds that to be eligible, the prisoner must be the only family member capable of caring for the children); or
- Incapacitation of the prisoner’s spouse, registered partner, or other close family member:
- According to the BOP: “Incapacitation” means the person has
- Suffered a serious injury or debilitating illness and is completely disabled so as to be unable to carry on any selfcare and is totally confined to a bed or chair; or
- Has severe cognitive defect such as Alzheimer’s.
- According to the BOP: The prisoner must be the only available family caregiver
- According to the BOP: “Incapacitation” means the person has
To correctly initiate a compassionate release motion, the inmate must first ask the warden of their institution for compassionate release for the same reasons to be included in the intended motion.
Once the warden denies this request, or 30 days pass from the date this request is made, whichever comes first, the exhaustion requirement is met and you can file your motion with the court.
Putting together a compassionate release motion is not easy by any means. If you need help understanding the motion, or want assistance writing your compassionate release, Federal Prison Tips is here to help: 407-434-0175.