What is Compassionate Release?

Compassionate release is governed by 18 U.S.C. § 3582. The statute authorizes modification of a term of imprisonment upon either motion of the Bureau of Prisons (“BOP”) or on the defendant’s own motion after exhausting administrative rights to appeal the BOP’s failure to bring a motion on the defendant’s behalf or the expiration of 30-days from the receipt of such a request by the warden. Id. at (c)(1)(A). A court is authorized to grant compassionate release when one of two sets of circumstances is satisfied: (i) “extraordinary and compelling reasons warrant such a reduction,” or (ii) the defendant is at least 70 years old, has served at least 30 years in prison for certain offenses, and the BOP has determined the defendant is no longer a danger to society.

The term “extraordinary and compelling reasons warrant such a reduction” is not defined. However, under 28 U.S.C. § 994(t), the power to define the term was given to the U.S. Sentencing Commission. U.S.S.G. §1B1.13 states that one or any combination of the following circumstances constitute extraordinary and compelling circumstances: (1) medical circumstances of the defendant; (2) age of the defendant; (3) family circumstances of the defendant; (4) victim of abuse; (5) other reasons; and (6) an unusually long sentence.

The medical circumstances qualification includes a terminal illness such as metastatic solid-tumor cancer, amyotrophic lateral sclerosis, end-stage organ disease, and advanced dementia. A prognosis of life expectancy is not required. The qualifier also includes (i) a serious physical or medical condition, (ii) suffering from a serious functional or cognitive impairment, or (iii) experiencing deteriorating physical or mental health because of the aging process, (iv) that substantially diminishes the ability of the defendant to provide self-care within the prison environment and from which the defendant is not expected to recover. The qualifier includes suffering from a medical condition requiring “long-term or specialized medical care that is not being provided and without which the defendant is at risk of serious deterioration in health or death.” The qualifier also includes being housed at a prison declared at risk of being affected by an outbreak of infectious disease or ongoing public health emergency, being at an increased risk of suffering severe medical complications or death as a result, and such risk cannot be adequately mitigated in a timely manner.

The age of defendant qualifier is satisfied where the defendant is (A) at least 65 years old, (B) experiencing a serious deterioration in physical or mental health because of the aging process, and (C) has served at least 10-years or 75 percent of the term of imprisonment, whichever is less.

The family circumstances qualifier is satisfied through (1) the death or incapacitation of the caregiver for the defendant’s minor child who is incapable or self-care because of a mental or physical disability or condition; (2) the incapacitation of the defendant’s spouse or registered partner where the defendant would be the only available caregiver; or (3) the incapacitation of the defendant’s parent when the defendant would be the only available caregiver for the parent.

The victim of abuse qualifier requires the defendant to receive sexual or physical abuse done by or at the direction of a BOP worker or other person who had control.

The “other reasons” qualifier require other circumstances that “are similar in gravity” to those described.

Exhaustion of the administrative remedies is required.