Trying to figure out how federal inmates can get early release on compassionate grounds?
Compassionate release is one of the most important federal criminal justice reforms of the past decade. For years, the options for incarcerated defendants to seek early release were extremely limited. The First Step Act passed in 2018 fundamentally changed that.
But what’s the REALITY of the process today?
The reality is, before 2018 the Bureau of Prisons had all the power. They approved only 6% of applications from 2013-2017, many of which were from prisoners who died waiting for a decision.
The process has changed drastically in recent years. Federal defendants can now file directly with the court in certain situations, bypassing the BOP entirely. This has led to thousands of releases. But there are also big challenges in the process.
Whether someone is a defendant, family member, or attorney, understanding the compassionate release process and how to increase the odds of success is essential.
In This Article
- The Legal Basics
- Who Actually Gets Released?
- How the Application Process Works
- Why Most Motions Are Denied
- Winning Strategies that Work
The Legal Basics
The compassionate release process is based on the statute, 18 U.S.C. § 3582(c)(1)(A). This federal law allows federal courts to reduce prison sentences if there are “extraordinary and compelling reasons.”
But wait…what exactly are “extraordinary and compelling reasons”
The law does not define these terms very clearly. This causes a lot of frustration but also opportunity for those who are applying.
The Sentencing Commission has listed four categories of “extraordinary and compelling reasons”:
- Medical conditions (terminal illness, severe diseases)
- Age-related factors (elderly prisoners with health issues)
- Family circumstances (children or spouse requiring care)
- Other reasons (miscellaneous)
Courts interpret these categories differently in various circuits. A motion approved in one circuit may get denied in another based on these broad criteria.
Most important is the First Step Act change in 2018 that allows defendants to petition courts directly. Before that, the BOP Director had to file all motions, which they rarely did.
Here are the hard numbers…
In 2024, 4,560 people were granted compassionate release. The approval rate went as high as 27% during COVID-19 when courts understood the risk inside prisons.
Who Actually Gets Released?
It is important to note that compassionate release is not available to just anyone. The criteria for compassionate release are specific and must be met in order for a petition to have a chance at success.
Terminal illness is still the most common reason
Terminal illness is, by far, the most common compassionate release reason granted. In order to have a chance of success, most terminal diagnosis must have:
- Diagnosis of terminal medical condition
- Life expectancy of 18 months or less
- Medical evidence from qualified physician(s)
- Proof that prison medical care is inadequate
Age and Elderly Inmates
Older inmates are at higher risk in the prison system due to health factors. In federal prison, those 65 or older with chronic health issues and diminished physical/mental capacity may qualify for release.
Family Caretakers
Petitions based on family need are the rarest compassionate release grounds. They only work in two situations: the only available caretaker is a minor child or the spouse needs the prisoner’s support due to incapacitation.
Other Extraordinary Circumstances
The “other reasons” category has seen increased judicial creativity. Successful motions are also granted for unusually long sentences, changes in sentencing laws, and other low-risk cases who have demonstrated rehabilitation.
The Application Process
The compassionate release process can be difficult to successfully navigate. There are specific steps that need to be followed and strict procedural requirements that must be met in order for a petition to even be considered by the court.
Step 1: Administrative Exhaustion
First, applicants must petition the prison warden before filing in court. They have 30 days to respond. The defendant can then file a motion in federal court if the request is denied or if no response is received in 30 days.
In the majority of cases the warden will deny the request. For instance, 96.5% of granted motions between 2019-2022 were actually filed by defendants themselves after BOP denial.
Step 2: Federal Court Filing
The actual motion to reduce sentence gets filed in the same federal court where sentencing occurred. It must include:
- A clear statement of the “extraordinary and compelling reasons”
- Medical records, expert medical opinions
- Character letters and evidence of rehabilitation
- Detailed release plan for housing and support
Step 3: Government Response and Judge’s Decision
The government, in the form of federal prosecutors, has an opportunity to respond to the motion. Judges have discretion to weigh factors of circumstances against public safety, original sentence factors, etc.
Why Most Motions Are Denied
The compassionate release approval rate remains relatively low. In Fiscal Year 2024, only 16.1% of motions nationwide received approval from federal judges.
The most common reasons for medical denials
Many medical-based compassionate release petitions fail due to a lack of a terminal diagnosis, adequate prison medical care available, and/or incomplete/poor documentation. Judges also want to see a realistic release plan with confirmed housing, healthcare, and family support. They are reluctant to release people with a history of violence or recent infractions who they do not believe are safe for the community. Technical procedural failures also doom most petitions.
Winning Strategies that Work
Winning a compassionate release motion is challenging but not impossible. There are successful strategies for medical, age-related, and other extraordinary circumstances compassionate release reasons.
For medical cases, get in depth medical evaluations from specialists, document the inadequacy of prison medical care, and show the disease is really terminal. Judges also look more favorably on those who have shown real evidence of rehabilitation including program completion, a clean disciplinary record, and reentry education or vocational training.
Showing a solid release plan with confirmed housing with family members, healthcare providers who have agreed to take the case, support networks, and income sources is also very important. Successful petitions are usually prepared by experienced attorneys who understand the local judges and what evidence they want to see.
Grant rates vary dramatically by jurisdiction. The Second Circuit approved 48.5% of motions while the Eighth Circuit only granted 9.0% of requests. Knowledge of local practice is critical.
The Numbers
Compassionate release statistics tell the story of both the progress the compassionate release process has made and the work that remains.
The reality is the process was essentially broken before the First Step Act. The BOP took an average of 4.5 months to process requests. During that time 5% of applicants died waiting for their motion to be decided.
While 16.1% in 2024 is a vast improvement from the 13.8% approval rate in 2023, it is still relatively low. This means that only about 1 in 6 petitions nationwide have been successful compared to virtually zero historically.
Grant rates increased dramatically during COVID-19 in 2020 when judges understood the health risks in prison. At its peak, the approval rate was 27%.
The Future
The compassionate release process and how the courts apply it will continue to evolve. As judges gain more experience interpreting the First Step Act, we will see greater acceptance of broader categories of extraordinary circumstances, including evidence of rehabilitation and sentence disparities.
There are still systemic issues that need to be addressed such as inconsistent application in different jurisdictions and the lack of quality legal representation for most federal prisoners.
Final Thoughts
Federal compassionate release is a process full of both hope and frustration for incarcerated defendants and their families. While far from perfect, it does provide real opportunity for a small group of inmates who meet the criteria.
It requires a deep understanding of the legal process, the eligibility requirements, and the complex procedural rules. Most importantly it requires an honest assessment of the facts and professional guidance.
The 16.1% success rate in 2024 means hundreds of people were given a second chance to be with their families and live out their remaining days at home. Each one is a human life made better. It is important to understand the process and how to navigate it for those rare cases when it is an option.