Criminal Center
What does this mean?
Compassionate release is a request asking a federal judge to shorten a prison sentence for “extraordinary and compelling reasons,” such as a terminal illness (18 U.S.C. § 3582(c)(1)(A); U.S.S.G. § 1B1.13). The person in prison usually must ask the warden first, then wait 30 days or finish the prison appeal process, whichever comes first. Gather BOP medical records early; they are often the heart of the request. For a full guide, see CompassionateRelease.com, a Criminal Center site.
Go to CompassionateRelease.com
Common questions
How long does compassionate release take?
There is no set timeline. The person must first ask the warden, and can go to court after the warden has had the request for 30 days or after appealing a denial through the BOP, whichever comes first (18 U.S.C. § 3582(c)(1)(A)). After the motion is filed, how quickly the judge rules depends on the court.
What counts as an “extraordinary and compelling” reason for compassionate release?
The Sentencing Commission lists examples, including a terminal illness, a serious medical condition that needs care the prison isn't providing, older age with failing health, and family emergencies such as the death or incapacity of the caregiver of the person's minor child (U.S.S.G. § 1B1.13(b)). The judge must also weigh the sentencing factors in 18 U.S.C. § 3553(a).
What are First Step Act time credits?
People who take part in approved programs can earn 10 days of credit for every 30 days of participation, and 5 more days if they stay at minimum or low risk over two assessments in a row (18 U.S.C. § 3632(d)(4)(A)). The credits can move up a transfer to a halfway house, home confinement or supervised release (18 U.S.C. § 3632(d)(4)(C)). People convicted of certain offenses cannot earn them (18 U.S.C. § 3632(d)(4)(D)).