Compassionate Release Policies

Compassionate Release Policies in the federal system refer to the statutory and administrative mechanisms that allow a terminally ill, elderly, or otherwise exceptionally impaired federal inmate to seek a reduction in sentence (RIS) that typically results in immediate release to the community. The primary authority is 18 U.S.C. § 3582(c)(1)(A), as significantly amended by Section 603 of the First Step Act of 2018 (Public Law 115-391). The policy permits a sentencing court to reduce a sentence upon motion when “extraordinary and compelling reasons” exist, the defendant is not a danger to the community, and the reduction is consistent with the sentencing factors in 18 U.S.C. § 3553(a).

Before the First Step Act, only the Director of the Bureau of Prisons could file a compassionate release motion. Since December 21, 2018, inmates may file directly with the court after either (1) exhausting the BOP administrative process or (2) 30 days after submitting a request to the warden, whichever is earlier. The BOP retains its own internal review process under Program Statement 5050.50 but can no longer block judicial access.

Summary

Compassionate release is available for three broad categories defined in the U.S. Sentencing Guidelines § 1B1.13 policy statement (updated November 1, 2023):

• Medical circumstances (terminal illness or serious debilitation)
• Age (at least 65, experiencing serious deterioration, and having served the greater of 10 years or 75% of the sentence)
• Family circumstances (death/incapacity of the caregiver of minor children or incapacitated spouse/partner)
• Other reasons (a catch-all category determined by the Director of the BOP or, post-2023 amendment, by the court itself)

The November 2023 amendment to § 1B1.13 made the policy statement fully applicable to inmate-filed motions and expanded the “other reasons” category to include unusually long sentences (for defendants who have served at least 10 years and would receive a lower sentence under current law) and victims of sexual or physical abuse by staff while incarcerated.

Since the First Step Act, filings have increased dramatically from fewer than 100 per year to more than 10,000 annually, with grant rates averaging 25–40% in most districts as of 2025.

BOP Administrative Process

Inmates must submit a written request (BP-9 style or electronic) to the warden identifying the extraordinary and compelling basis and proposed release plan. The warden has 30 days to respond (extendable). If denied, the inmate may complete the full Administrative Remedy Process (BP-10 and BP-11), but may file in court after 30 days regardless of BOP response.

Current Categories (U.S.S.G. § 1B1.13, Nov. 2023)

• Terminal illness (life expectancy ≤ 18 months)
• Serious medical condition, deterioration due to aging, or inability to provide self-care
• Age ≥ 65 with serious health decline and service of required portion of sentence
• Death or incapacitation of caregiver of minor children or incapacitated spouse/partner
• Victim of sexual or physical abuse by BOP staff (documented)
• Unusually long sentence (≥ 10 years served) where a change in law would produce a gross disparity
• Any other circumstance or combination that is comparable in severity

Procedural Requirements

• Exhaustion of BOP request or 30-day lapse
• Motion filed in the original sentencing court
• U.S. Probation prepares a release-plan investigation
• Government response (DOJ policy generally supports in terminal/elderly cases; case-by-case in others)
• No right to appointed counsel (although many districts appoint CJA or Federal Defender)

Terminology

• RIS – Reduction in Sentence (the formal relief granted)
• § 3582(c)(1)(A) Motion – Statutory name for compassionate release motion
• Extraordinary and Compelling Reasons – Threshold standard required for relief
• First Step Act Exhaustion – 30-day lapse after warden request
• U.S.S.G. § 1B1.13 – Sentencing Commission policy statement listing examples (binding post-2023 amendment)
• CARES Act Release – Separate pandemic-era home-confinement authority (expired 2023)

Additional Resources

• BOP Program Statement 5050.50 – Compassionate Release (PDF)
• U.S.S.G. § 1B1.13 – Reduction in Term of Imprisonment (2023 amendment)
• 18 U.S.C. § 3582(c)(1)(A) – Full Text
• Federal Defender Compassionate Release Practice Guide (2025)