Ronald W. Chapman II 

Winning Trial Attorney | Legal Analyst | Author

“One of the most talented attorneys I have seen in my 20 years on the bench”

-Federal Judge

“Defense Attorney extraordinaire”

-Neil Cavuto, Fox News Host

Understanding Compassionate Release: Navigating New Opportunities for Early Prison Release

Introduction

The concept of compassionate release enables certain inmates in federal prisons to seek early release under specific, extraordinary circumstances. This provision, primarily designed to address severe medical conditions or significant changes in family circumstances, aims to balance justice with mercy. The evolving legal landscape, including the passage of the First Step Act and updates to sentencing laws in 2023, has broadened the opportunities for inmates to petition for compassionate release, making understanding the process and its requirements more critical than ever.

Learn what not to do.

Who Can File for Compassionate Release?

The First Step Act ushered in this change, which allows for direct court petitions if the Bureau of Prisons (BOP) denies a request or fails to respond promptly. Inmates, their friends and family members may try to file petitions. However, beware, petitions lacking support have been harshly criticized by the courts. An inmate is better served by hiring counsel who understands the First Step Act and petitions as well as the appropriate rationale. Inmates should be weary of advice provided in prison or by non-lawyers - this has sealed the fate of many who put their trust in someone not skilled in the law.

Eligibility Criteria

The eligibility for compassionate release is primarily based on "extraordinary and compelling circumstances," a term encompassing many situations. These include:

  • Medical Circumstances: Terminal illnesses with a life expectancy of less than 18 months, incurable and progressive diseases, and severe physical or cognitive disabilities.

  • Elderly Inmates: Those who are 70 years or older and have served at least 30 years, or are at least 65 with failing health and have served a significant portion of their sentence.

  • Family Circumstances: Situations where the inmate is needed at home due to the death or incapacitation of a family member responsible for caring for a child or dependent.

The Legal Framework

The legal foundation for compassionate release includes several critical pieces of legislation and guidelines:

  • 18 USC 3582 and 4205(g): The statutory basis for compassionate release, outlining conditions and procedures.

  • The First Step Act: A landmark reform that allows inmates to petition the courts directly for compassionate release, bypassing the BOP's internal process if it fails to act.

  • New Laws in 2023: The introduction of what some have called the "65 percent law" and other reforms underlines a shift towards more flexible sentencing and release policies, aiming to reintegrate inmates into society sooner.

The Process of Obtaining Compassionate Release

The journey towards securing compassionate release involves several steps:

  1. Initial Request: Filing a request with the BOP, which must respond within 30 days.

  2. Exhausting Administrative Remedies: If denied, the inmate must appeal through the BOP's hierarchy to obtain a final decision.

  3. Court Petition: With a final decision or after 30 days without a response, a motion can be filed directly with the court.

A successful motion for compassionate release should convincingly argue that the inmate's situation meets the "extraordinary and compelling reasons" criteria and that release would not harm the community. It should also outline a clear plan for reintegration, including living arrangements and medical care if necessary.

The expansion of the compassionate release program, especially with the First Step Act and new laws in 2023, offers a glimmer of hope for inmates and their families. It recognizes the importance of mercy within the justice system, allowing for early release under circumstances that warrant it. For those considering this path, consulting with an experienced attorney can provide crucial guidance and improve the chances of a successful petition.

This journey through the legal and procedural maze of compassionate release highlights the balance between upholding justice and acknowledging the human capacity for change and rehabilitation. As the legal landscape evolves, staying informed and prepared is critical to navigating these opportunities for compassionate release.

The First Step Act

The First Step Act, short for the "Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act," was a landmark piece of legislation passed by Congress and signed into law on December 21, 2018. Aimed at reforming the federal prison system, the Act sought to make significant improvements to criminal justice outcomes, as well as to reduce the size of the federal prison population while also creating mechanisms to maintain public safety.

Key Aspects of the First Step Act Related to Compassionate Release:

  1. Expanding Eligibility: Prior to the First Step Act, the process for compassionate release was largely controlled by the Bureau of Prisons (BOP). Inmates had limited ability to initiate a request for compassionate release and were dependent on the BOP to motion the court on their behalf—a situation that led to very few requests being made. The First Step Act changed this by allowing inmates themselves, or their representatives, to directly file a motion to the court for compassionate release if the BOP either denies their request or does not respond within 30 days. This effectively expanded the eligibility and opportunity for inmates to seek compassionate release.

  2. Clarification of “Extraordinary and Compelling Reasons”: The Act called for the Sentencing Commission to clarify the criteria for what constitutes "extraordinary and compelling reasons" for release. While the specifics can include a wide range of circumstances, the Act emphasized the importance of having clear, understandable criteria that could include severe medical conditions, advanced age, and other significant changes in an inmate's personal circumstances.

  3. Improving the Process: By allowing inmates to petition the courts directly, the First Step Act aimed to streamline the process for compassionate release. This procedural change was intended to address delays and inaction that previously hindered inmates' access to compassionate release.

  4. Providing a Second Chance: The overarching goal of the First Step Act's provisions for compassionate release was to provide deserving inmates—a term that generally refers to those who pose no safety risk to the public and have compelling reasons for release—a second chance. This aligns with the Act’s broader objectives of reforming sentencing laws and correctional systems to improve rehabilitation and reintegration opportunities for inmates.

  5. Judicial Oversight: The First Step Act also enhanced the role of the judiciary in the compassionate release process. By enabling direct court petitions, it allowed for greater judicial oversight and discretion in determining whether an inmate’s circumstances warrant early release. This is significant because it provides a check on administrative decisions and ensures that each case can be evaluated on its individual merits.

Preparing a Compassionate Release Petition

An attorney navigating the process of securing compassionate release for a client involves meticulous preparation, investigation, and adherence to legal procedures. Below is a detailed description of how an attorney would handle such a case:

1. Initial Consultation and Client Assessment

  • Understand the Client’s Circumstances: The attorney starts by gathering detailed information about the client’s health, family situation, and incarceration details. This involves reviewing medical records, family circumstances, and the client's criminal history to identify potential grounds for compassionate release.

  • Legal and Medical Consultation: Consult with medical professionals if necessary to understand the severity and implications of the client’s health condition. Similarly, review legal precedents and guidelines related to compassionate release to evaluate the strength of the case.

2. Investigating Grounds for Compassionate Release

  • Collecting Evidence: Gather all necessary documentation that supports the basis for compassionate release. This includes medical records detailing the diagnosis, prognosis, and treatment plans for any serious health conditions. For family circumstances, gather evidence such as death certificates, documentation of incapacitation, or proof of the inmate’s role as a primary caregiver.

  • Consultation with Experts: In cases involving complex medical conditions, consulting with medical experts can provide insight into how the condition meets the criteria for compassionate release. This expert testimony can be crucial in building a compelling case.

3. Preparing the Petition

  • Drafting the Motion: The attorney drafts a comprehensive motion for compassionate release, detailing the extraordinary and compelling reasons warranting the inmate’s release. This document includes the inmate's personal background, the specifics of their condition or circumstances, and arguments on why these constitute grounds for compassionate release under the guidelines of the First Step Act and relevant statutes.

  • Incorporating Legal Arguments: The petition must also include legal arguments that justify compassionate release, citing relevant statutes, regulations, and case law. This might involve arguing that the inmate’s continued incarceration is not necessary for the protection of the public, given their condition and the specifics of their case.

4. Submission to the Bureau of Prisons (BOP)

  • Sending the Request to the Warden: The prepared petition is first sent to the warden of the institution where the inmate is held. This step is crucial as the First Step Act requires that the inmate (or their attorney on their behalf) request compassionate release from the BOP and wait at least 30 days for a response before proceeding to court. The request must clearly articulate the basis for compassionate release and include all supporting documentation.

  • Following BOP Procedures: It’s essential for the attorney to follow the BOP’s procedures for submitting a compassionate release request, ensuring that all required forms and documentation are correctly completed and filed.

5. Filing the Request in District Court

  • If the BOP Denies or Does Not Respond: Should the BOP deny the request or fail to respond within 30 days, the attorney can then file the petition in the federal district court that sentenced the inmate. This involves submitting the motion for compassionate release, along with all supporting evidence and documentation, to the court.

  • Notice of Motion: The attorney must also provide notice of the motion to the appropriate U.S. Attorney’s Office and the BOP, giving them the opportunity to respond or object to the request for compassionate release.

  • Legal Briefs and Hearings: The attorney may need to submit additional legal briefs, respond to opposition from the government, and potentially present oral arguments at a hearing before the court. Preparing for a hearing might include organizing witness testimony, including expert medical testimony, and preparing the inmate and other relevant witnesses to testify regarding the compassionate release request.

6. Advocacy and Negotiation

  • Throughout the process, the attorney acts as an advocate for the inmate, negotiating with the BOP and the U.S. Attorney’s Office as needed, and presenting a compelling case to the court. The goal is to persuade the court that the inmate’s situation genuinely merits compassionate release and that releasing the inmate would not pose a threat to the public.