The “30 Day Rule” For Compassionate Release Explained
When trying to file a compassionate release motion as a defendant and as an inmate in federal prison, there’s a “30 day rule” that must be abided by before moving forward.
The First Step Act of 2018 modified the compassionate release statute, 18 U.S.C. 3582(c)(1)(A) by allowing inmates to bring their own motions for compassionate release after exhausting their administrative remedies, or after 30 days has elapsed since the warden has been contacted, or denied by the warden, for the same compassionate release request, whichever comes first.
Usually, wardens will simply ignore this request. The “whichever comes first” part is especially relevant, because that means all you have to do is wait until that 30 day mark passes to move forward with the courts.
In the 8th Circuit, it’s a little different. If the warden says no, you still have to fully exhaust your administrative remedies before bringing forward your compassionate release motion. This is the only circuit in the country where the standard has been ruled this way.
The best way to do this is to use TRULINKS to send a message to the warden, which you can print to show the court that you contacted the warden, and the date you did so.
If paper cop-outs are your only option, we suggest inmates make a photocopy in the law library for the same purpose when it’s time to file your motion with the court. Most law libraries have paper cop outs for this purpose – and, of course, Federal Prison Tips also does this kind of work.