Criminal procedure
Compassionate Release
Compassionate release is a reduction of a federal prison sentence for extraordinary and compelling reasons, such as terminal illness or a serious medical condition.
[VERIFY] This entry is queued for attorney review. The Sentencing Commission's policy statement defining extraordinary and compelling reasons has been amended in recent years and circuits have read it differently; confirm current standards before relying on this.
The defendant must first ask the Bureau of Prisons and either exhaust that process or wait thirty days, then may file directly with the sentencing judge. The court considers whether extraordinary and compelling reasons exist and whether release fits the statutory sentencing factors and public safety.
The category is broader than terminal illness. Courts have considered advanced age with declining health, the death or incapacitation of a caregiver for the defendant's children, and other family circumstances.
The motions leave a distinctive docket trail. A sealed medical exhibit, a Bureau of Prisons denial letter, and a government response arguing danger to the community are the usual sequence, often years after the case appeared closed.
How it appears on a docket
MOTION for Compassionate Release under 18 U.S.C. Sec. 3582(c)(1)(A) filed by defendant. Government response due 30 days. Supplemental BOP medical records ordered.
Governing rule
18 U.S.C. Sec. 3582(c)(1)(A)
Related terms
- Sentencing Hearing — A sentencing hearing is the proceeding where the judge resolves guideline disputes, hears from both sides and the defendant, and imposes the sentence.
- Supervised Release — Supervised release is a period of court-ordered supervision that follows a federal prison term, replacing the old parole system.
More on criminal procedure
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