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Compassionate Release Policies

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Template:Infobox Legal Process

Compassionate release (formally known as reduction in sentence) is a legal mechanism under 18 U.S.C. § 3582(c)(1)(A) that allows federal inmates to petition for early release from prison based on extraordinary and compelling reasons. Originally, only the Bureau of Prisons (BOP) could file compassionate release motions. The First Step Act of 2018 fundamentally changed the process by allowing inmates to file motions directly in court after exhausting administrative remedies or waiting 30 days after submitting a request to the warden, whichever occurs first.[1]

Statutory Basis

Under 18 U.S.C. § 3582(c)(1)(A), a court may reduce a term of imprisonment if it finds that:

  1. Extraordinary and compelling reasons warrant the reduction; or
  2. The defendant is at least 70 years old, has served at least 30 years in prison, and the BOP Director has determined the defendant is not a danger to the safety of any other person or the community
  3. The reduction is consistent with applicable Sentencing Commission policy statements
  4. The § 3553(a) factors (nature of the offense, criminal history, need for deterrence, etc.) support a reduction[2]

Pre-First Step Act: BOP Gatekeeping

Before December 2018, only the BOP Director could file compassionate release motions. This meant:

  • Inmates had no independent right to petition the court
  • The BOP approved very few requests (an average of 24 per year from 2013-2017)
  • Denials were essentially unreviewable
  • Many inmates died waiting for BOP action
  • Family members and advocates had limited recourse

Post-First Step Act: Direct Filing

The First Step Act transformed compassionate release by allowing inmates to file motions directly after:

  • Exhausting administrative remedies - Filing a request with the warden and receiving a denial; OR
  • 30-day lapse - Waiting 30 days from the date of filing the request with the warden, regardless of whether the warden responds

This change produced a dramatic increase in compassionate release filings and grants, particularly during the COVID-19 pandemic.[3]

Extraordinary and Compelling Reasons

USSG §1B1.13: Policy Statement

The Sentencing Commission's policy statement identifies categories of extraordinary and compelling reasons:

Medical Circumstances

Terminal illness:

  • Diagnosis of a terminal illness with a life expectancy of 18 months or less
  • No requirement for specific prognosis methodology

Debilitating condition:

  • Serious physical or medical condition
  • Serious functional or cognitive decline
  • Deteriorating physical or mental health due to aging
  • Condition that substantially diminishes the ability to provide self-care within the correctional facility

COVID-19 and infectious disease:

  • During the pandemic, courts recognized COVID-19 vulnerability as an extraordinary and compelling reason, particularly for inmates with underlying health conditions
  • This expanded interpretation remains influential for future infectious disease situations
  • Defendant is at least 65 years old
  • Experiencing serious deterioration in physical or mental health because of the aging process
  • Has served at least 10 years or 75% of the term of imprisonment, whichever is less

Family Circumstances

Caregiver need:

  • Death or incapacitation of the caregiver of the defendant's minor child or children
  • Incapacitation of the defendant's spouse or registered partner when the defendant would be the only available caregiver

Updated grounds (2023 amendment):

  • Death or incapacitation of the caregiver of the defendant's minor child, the defendant's child who is 18 years of age or older and incapable of self-care, or the defendant's spouse or registered partner
  • The defendant would be the only available caregiver for such individual

Victim of Abuse

  • The defendant, while in custody, was the victim of sexual abuse or physical abuse resulting in serious bodily injury
  • The abuse was committed by a correctional officer, employee, or contractor of the BOP

Unusually Long Sentences

The 2023 amendment added a new ground:

  • Changes in law (other than amendments to the Guidelines Manual) would produce a gross disparity between the sentence being served and the sentence likely to be imposed at the time the motion is filed
  • This addresses defendants serving decades-long sentences under now-repealed mandatory minimums

Other Reasons

Courts retain discretion to find extraordinary and compelling reasons beyond those specifically enumerated, allowing consideration of unique circumstances.

The Application Process

Step 1: Request to the Warden

Filing requirements:

  • Submit a written request to the warden of the facility where incarcerated
  • Clearly state the extraordinary and compelling reasons for release
  • Include supporting documentation (medical records, family circumstances, etc.)
  • Keep a copy of the request with proof of submission date

Warden response:

  • The warden should respond within 30 days
  • If the warden denies the request or does not respond within 30 days, the inmate may file directly with the court

Step 2: Filing a Motion in Court

Required elements:

  • Motion filed in the original sentencing court
  • Statement of extraordinary and compelling reasons
  • Discussion of § 3553(a) factors
  • Proposed release plan (housing, employment, supervision)
  • Supporting documentation

Legal representation:

  • Inmates may file pro se (without an attorney)
  • Federal Public Defender offices handle many compassionate release cases
  • Pro bono attorneys and legal clinics also assist
  • Quality of legal representation significantly affects outcomes

Step 3: Court Review

Judicial consideration:

  • Court evaluates extraordinary and compelling reasons
  • Weighs § 3553(a) sentencing factors
  • Considers danger to the community
  • Reviews proposed release plan
  • May hold an evidentiary hearing
  • Government has opportunity to respond

Step 4: Decision and Appeal

Possible outcomes:

  • Grant: Sentence reduced, often to time served with supervised release
  • Deny: Motion denied with or without prejudice
  • Either party may appeal to the circuit court of appeals

COVID-19 and Compassionate Release

Pandemic Impact

The COVID-19 pandemic produced an unprecedented surge in compassionate release activity:

  • Pre-pandemic (2019): Approximately 145 grants
  • Pandemic peak (2020): Over 3,100 motions filed in a single year
  • Grant rates: Varied significantly by district and judge

Factors courts considered:

  • Age and underlying health conditions
  • COVID-19 conditions at the specific facility
  • Vaccination status (after vaccines became available)
  • BOP's ability to manage outbreaks
  • Remaining sentence length

Lasting Impact

The pandemic permanently expanded compassionate release jurisprudence:

  • Courts developed extensive case law on medical vulnerability
  • Established precedent for considering facility conditions
  • Demonstrated the system's capacity to handle large volumes
  • Influenced the 2023 Sentencing Commission amendments

Statistics and Outcomes

Filing and Grant Rates

Recent trends (2023 Sentencing Commission data):

  • Approximately 3,500-4,000 motions filed annually post-pandemic
  • Grant rates vary by circuit: ranging from approximately 10% to 30%
  • Median sentence reduction: approximately 60 months
  • Most grants involve medical conditions or age-related factors

Demographic Patterns

  • Average age of successful petitioners: approximately 55 years
  • Medical conditions most frequently cited: cancer, heart disease, respiratory conditions
  • Gender: Women granted at slightly higher rates than men
  • Race: Disparities exist in grant rates by race, with ongoing research

Geographic Variations

Significant circuit-by-circuit variations:

  • Some circuits interpret "extraordinary and compelling" broadly
  • Others maintain restrictive interpretations
  • District-level variations within circuits also significant
  • Calls for more uniform application across jurisdictions

Criticisms and Debates

Arguments for Expanded Use

  • Federal prisons are overcrowded (currently approximately 25% over capacity)
  • Many inmates serving sentences under now-reformed sentencing laws
  • Aging prison population creates enormous healthcare costs
  • Compassionate release provides necessary safety valve
  • Research shows elderly inmates have very low recidivism rates

Arguments Against Expanded Use

  • Victims' interests must be considered
  • Public safety concerns with releasing violent offenders
  • Sentences imposed by judges should be respected
  • Potential for abuse of the system
  • Inconsistent application creates unfairness

Ongoing Policy Questions

  • Should the BOP administrative exhaustion requirement be eliminated entirely?
  • How should courts handle "stacking" of multiple non-extraordinary factors?
  • What role should rehabilitation and programming play in decisions?
  • How to address geographic disparities in grant rates?

Practical Tips

For Inmates

  • Start early - File your request to the warden as soon as grounds exist
  • Document everything - Medical records, family circumstances, rehabilitation
  • Develop a release plan - Housing, employment, medical care, community support
  • Seek legal assistance - Contact the Federal Public Defender or legal aid organizations
  • Maintain clear conduct - Disciplinary issues significantly hurt your case

For Families

  • Write support letters - Detail your willingness and ability to support the inmate
  • Document caregiver needs - If applicable, provide medical documentation
  • Coordinate housing - Have a confirmed address for the release plan
  • Contact advocacy organizations - FAMM, the Sentencing Project, and others can help

For Attorneys

  • File promptly after exhaustion - Don't delay once the 30-day period lapses
  • Address § 3553(a) thoroughly - Courts weigh these factors heavily
  • Include a detailed release plan - Shows the court the defendant has viable post-release support
  • Cite recent circuit precedent - Compassionate release law is evolving rapidly
  • Consider amicus support - Organizations may file supporting briefs

See Also

References

  1. ↑ First Step Act of 2018, Pub. L. 115-391, § 603(b).
  2. ↑ 18 U.S.C. § 3582(c)(1)(A).
  3. ↑ United States Sentencing Commission, "Compassionate Release Data Report," 2023.


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