What Is Compassionate Release Federal

What Is Compassionate Release Federal

Compassionate release allows federal inmates to seek early release from prison for extraordinary and compelling reasons under 18 U.S.C. § 3582(c)(1)(A). You’re serving federal sentence and developed terminal illness, reached advanced age with serious health deterioration, or family emergency requires your presence as only available caregiver – compassionate release may allow early release. First Step Act (2018) expanded compassionate release by allowing inmates to file motions directly in court after exhausting administrative remedies with Bureau of Prisons. Grounds for compassionate release include: terminal illness with life expectancy under 18 months, serious medical conditions substantially diminishing ability to provide self-care in prison, age 65+ with serious deterioration from aging having served substantial portion of sentence, death or incapacitation of family member when inmate is only available caregiver for minor children, or other extraordinary and compelling circumstances. Court must find: extraordinary and compelling reasons exist, inmate is not danger to community, and sentencing factors under 18 U.S.C. § 3553(a) support release. Compassionate release is granted sparingly – courts apply strict standards. Understanding grounds, procedures, and likelihood of success is critical when considering compassionate release petition.

Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek, who has defended federal criminal cases for many, many years. We’ve successfully obtained compassionate release for clients with terminal illnesses, serious medical conditions, advanced age, and family emergencies. We evaluate clients’ cases for compassionate release eligibility, navigate BOP administrative process, and litigate motions in federal court presenting compelling evidence supporting release. Compassionate release requires detailed medical evidence, proof of extraordinary circumstances, and persuasive advocacy demonstrating inmate poses no danger. Having experienced counsel prepare and prosecute compassionate release motion significantly increases chances of success.

Statutory Grounds for Compassionate Release

18 U.S.C. § 3582(c)(1)(A) authorizes compassionate release for “extraordinary and compelling reasons.” Bureau of Prisons Policy Statement (U.S.S.G. § 1B1.13 Application Note) lists specific grounds: Terminal illness: inmate suffers from terminal illness with life expectancy of 18 months or less as determined by Bureau of Prisons or outside medical expert. Typically requires: oncologist or physician certification of terminal diagnosis, prognosis showing limited life expectancy, evidence that prison medical care cannot adequately treat condition. Terminal illnesses that commonly support release: metastatic cancer with limited treatment options, ALS (Lou Gehrig’s disease), end-stage organ failure (heart, liver, kidney), progressive neurological diseases. Serious medical condition substantially diminishing ability to provide self-care: inmate suffers from serious physical or medical condition, condition substantially diminishes ability to perform activities of daily living in prison environment, conventional treatment within BOP hasn’t been effective, or condition isn’t terminal but is debilitating.

Examples: advanced dementia requiring significant care, severe mobility impairments preventing basic self-care, chronic conditions requiring intensive medical management unavailable in BOP. Age-based release: inmate is 65 years old or older, suffers from serious deterioration in physical or mental health due to aging process, has served at least 10 years or 75% of term of imprisonment (whichever is less). Combines advanced age with health decline – not merely turning 65, but 65+ with significant health problems. Family circumstances: death or incapacitation of only available caregiver for defendant’s minor child, or incapacitation of defendant’s spouse/partner when defendant would be only available caregiver. Requires proof: family member needs care, defendant is only available caregiver (no other family members can care for them), defendant has plan for caring for family member upon release. Other extraordinary and compelling circumstances: catch-all category for circumstances not specifically listed. First Step Act expanded this by allowing courts to determine what constitutes extraordinary and compelling beyond BOP Policy Statement. Courts have granted release for: COVID-19 vulnerability (especially during 2020-2021 pandemic), unusually long sentences (elderly inmates serving decades for non-violent offenses), rehabilitation combined with changed circumstances, victims’ requests for compassionate release.

First Step Act Changes

Before First Step Act (2018): only Bureau of Prisons Director could initiate compassionate release by filing motion in court. Inmates had to request BOP file motion. BOP rarely approved requests – extremely low grant rate. Inmates couldn’t file motions themselves even if BOP denied request. After First Step Act: inmates can file compassionate release motions directly in district court after exhausting administrative remedies. Exhaustion requirement: inmate must first request compassionate release from BOP warden, wait 30 days for BOP response (or until BOP denies request), then can file motion in district court regardless of BOP’s decision. This dramatically increased compassionate release filings and grants – inmates no longer dependent on BOP’s discretion to file motions. Courts expanded grounds: First Step Act gave courts authority to determine what circumstances qualify as “extraordinary and compelling” beyond BOP’s Policy Statement categories. Courts have recognized new grounds BOP Policy Statement doesn’t address.

Procedure for Seeking Compassionate Release

Step 1 – Request to BOP Warden: inmate submits written request to warden requesting compassionate release, includes medical documentation or evidence supporting grounds, warden reviews and forwards to BOP Regional Director. Step 2 – Exhaust administrative remedies: wait 30 days from date of request to warden, or until BOP formally denies request (whichever comes first). After 30 days or denial, exhaustion requirement is met. Inmate can then file motion in district court. Step 3 – File motion in district court: inmate (or counsel) files motion for compassionate release in district court where convicted and sentenced. Motion must include: specific grounds for release (terminal illness, age, family circumstances, etc.), evidence supporting grounds (medical records, physician letters, family documentation), statement that administrative remedies were exhausted, proposed release plan showing where inmate will live and how needs will be met, argument that 18 U.S.C. § 3553(a) factors support release.

Step 4 – Government response: prosecutors file response opposing or supporting motion (government usually opposes). Government may argue: grounds aren’t extraordinary and compelling, inmate poses danger to community, § 3553(a) factors don’t support release (seriousness of offense, need for punishment). Step 5 – Court decision: court evaluates motion based on three requirements: extraordinary and compelling reasons exist, inmate is not danger to community, § 3553(a) sentencing factors support release. Court issues written order granting or denying motion. If granted: inmate typically released to supervised release for remainder of sentence. If denied: inmate can file new motion if circumstances change or additional evidence develops.

Standard for Granting Compassionate Release

Court must find three requirements met: Extraordinary and compelling reasons exist: circumstances must be truly extraordinary – not merely difficult prison conditions or desire for release. Courts apply strict standard requiring exceptional circumstances beyond typical hardships of incarceration. Examples of extraordinary circumstances: terminal cancer with months to live, paralyzing stroke leaving inmate unable to care for self, 75-year-old inmate with dementia and serious health decline, death of spouse leaving minor children without caregiver. Examples that typically don’t qualify: generic old age without serious health problems, non-terminal chronic conditions adequately treated in prison, family hardship without showing inmate is only available caregiver, rehabilitation and good behavior alone. Inmate is not danger to community: court assesses recidivism risk using factors like: nature and seriousness of original offense, criminal history and pattern of conduct, time served and institutional conduct, age and health status, release plan and family support. Older inmates with serious illnesses and non-violent offenses pose lower risk. Younger inmates with violent offenses or extensive criminal history face higher bar.

§ 3553(a) sentencing factors support release: court considers same factors used at original sentencing: nature and circumstances of offense, history and characteristics of defendant, need for sentence to reflect seriousness of offense, need for deterrence and public protection, need to provide defendant with needed medical or correctional treatment. Court balances: original goals of sentence (punishment, deterrence) against changed circumstances (terminal illness, advanced age making continued incarceration disproportionate). Burden is on inmate: defendant must prove all three requirements by preponderance of evidence. Courts deny compassionate release if any requirement isn’t met.

Medical Evidence Requirements

For medical-based compassionate release, strong medical evidence is critical: Physician letters and reports: letters from treating physicians describing diagnosis, prognosis, treatment options, functional limitations. For terminal illness: oncologist or specialist certification of terminal diagnosis, prognosis stating life expectancy (must be 18 months or less for terminal illness category), explanation of why condition is terminal and what treatment has been attempted. For serious medical conditions: detailed description of condition and how it affects daily functioning, explanation of why condition substantially diminishes self-care ability, documentation that conventional prison treatment hasn’t been effective, specialist opinions if condition is complex. Medical records: complete medical records showing diagnosis, treatment history, test results. Records should demonstrate severity and progression of condition. Comparison to BOP capabilities: evidence that BOP medical facilities cannot adequately treat condition, showing specialized care needed that BOP doesn’t provide, or demonstrating inmate needs level of care exceeding BOP’s capacity.

Strategic Considerations

Timing: file compassionate release motion as soon as grounds exist – terminal illnesses progress quickly, don’t wait until very end of life to file. Strength of grounds: evaluate whether circumstances truly meet “extraordinary and compelling” standard. Courts deny many motions finding circumstances don’t rise to extraordinary level. Strong cases: terminal illness with limited life expectancy, severe functional impairments requiring significant care, advanced age combined with multiple serious conditions, family emergency with clear showing defendant is only caregiver. Weaker cases: general health problems without terminal diagnosis or severe functional limitation, old age alone without serious health decline, family hardship without showing defendant is only option, rehabilitation and good behavior without extraordinary circumstances. Release plan: prepare detailed release plan showing: where inmate will live upon release, who will provide care if inmate needs assistance, medical care arrangements (physicians, treatment facilities), financial support plan.

Strong release plans increase likelihood of grant by addressing dangerousness and § 3553(a) factors. Opposition from government: prosecutors almost always oppose compassionate release motions. Government arguments: inmate doesn’t meet extraordinary and compelling standard, inmate poses danger (especially for violent offenses or extensive criminal history), seriousness of offense weighs against early release, need for punishment and deterrence. Defense must address each government argument with evidence and legal argument. Role of counsel: compassionate release motions require: gathering comprehensive medical evidence, developing legal arguments showing grounds are met, preparing persuasive release plan, litigating motion through briefing and potentially hearing, addressing government’s opposition arguments. Experienced counsel significantly improves chances of success.

Todd Spodek has defended federal criminal cases throughout his career and successfully obtained compassionate release for clients with terminal illnesses, serious medical conditions, and extraordinary circumstances. Compassionate release provides critical avenue for early release but requires compelling evidence and persuasive advocacy. When you or family member is serving federal sentence with terminal illness or other extraordinary circumstances, call 212-300-5196 for counsel who can evaluate compassionate release eligibility and fight for early release.