Federal compassionate release is a sentence reduction a federal judge may grant for extraordinary and compelling reasons, such as a terminal illness. The statute is 18 U.S.C. § 3582(c)(1)(A), and it matters most to people in federal custody whose health, age, or family situation has changed since sentencing. On May 28, 2026, the Supreme Court decided Rutherford v. United States, 608 U.S. 454 (2026), and Fernandez v. United States, 608 U.S. 411 (2026), which closed off two grounds prisoners had been raising. The Federal Bureau of Prisons (BOP) then replaced its own compassionate release policy with Program Statement 5050.51, dated September 3, 2026.
Elizabeth Franklin-Best is the founder and lead attorney of Elizabeth Franklin-Best, P.C., a federal criminal defense, appeals, and post-conviction firm with offices in Columbia and Mount Pleasant, South Carolina. Christopher Zoukis, JD, MBA, the firm's Managing Director, contributed the material on BOP procedure. He leads the firm's federal prison consulting work.
Quick Answers
- What is federal compassionate release? Federal compassionate release is a reduction of a federal prison term under 18 U.S.C. § 3582(c)(1)(A), granted by the sentencing judge when extraordinary and compelling reasons warrant it and the sentencing factors support it.
- Who qualifies for compassionate release? A federal prisoner can qualify for compassionate release on medical grounds, age-related decline, a family caregiving emergency, abuse by prison staff, or circumstances of similar gravity, as listed in the Sentencing Commission's policy statement, U.S.S.G. § 1B1.13(b).
- Who can make a compassionate release request to the courts? Only the Bureau of Prisons Director, the prisoner, or their counsel can file a compassionate release motion. A prisoner may file after exhausting BOP appeals or within 30 days of the warden receiving the request, whichever is earlier.
- Can a change in sentencing law support compassionate release? Not when Congress chose not to make the change retroactive. Rutherford v. United States (2026) held that a sentencing change Congress declined to make retroactive cannot make a federal prisoner eligible for compassionate release, alone or combined with other factors.
- Does rehabilitation alone qualify for compassionate release? No. Under 28 U.S.C. § 994(t), rehabilitation alone is not an extraordinary and compelling reason for compassionate release, although a court may weigh it together with another qualifying circumstance.
- How often is compassionate release granted? Federal courts granted 394 of the 2,795 compassionate release motions they decided in fiscal year 2025, a 14.1% grant rate, according to the U.S. Sentencing Commission.
At a Glance
- Policy Statement: U.S.S.G. § 1B1.13, last substantively amended November 1, 2023.
- BOP Policy: Program Statement 5050.51, dated September 3, 2026, replaced Program Statement 5050.50.
- Circuit Range, Fiscal Year 2025: 4.9% of motions granted in the Eighth Circuit, 31.0% in the Ninth Circuit.
- Granted Motions by Filer, Fiscal Year 2025: The defendant in 369 of 394 (93.7%), the BOP Director in 16 (4.1%).
What is Compassionate Release from Federal Prison?
Compassionate release is the common name for a sentence reduction under 18 U.S.C. § 3582(c)(1)(A), one of the few exceptions to the rule that a federal court may not modify a prison term once it has been imposed. The sentencing court decides the motion, and the statute and the policy statement at U.S.S.G. § 1B1.13 put three questions to the judge:
- Do extraordinary and compelling reasons warrant a reduction? This is the eligibility question.
- Is the person a danger to any other person or the community? Section 1B1.13(a)(2) requires a finding that the person is not a danger.
- Do the factors in 18 U.S.C. § 3553(a) support a shorter sentence? An eligible prisoner can still be denied, because the statute says the court "may" reduce the term.
A grant shortens the prison term and leaves the conviction in place. Before December 21, 2018, only the BOP Director could file. Section 603(b) of the First Step Act, Pub. L. 115-391, enabled prisoners to file for themselves after first asking the BOP. Elizabeth Franklin-Best P.C.'s detailed guide explains how a compassionate release motion is built and decided in federal court.
Who Qualifies for Compassionate Release?
A federal prisoner qualifies for compassionate release by showing an extraordinary and compelling reason, and U.S.S.G. § 1B1.13(b) lists the circumstances the Sentencing Commission treats as meeting that standard. As of October 2026, a court may rely on:
- Terminal Illness: A serious, advanced illness with an end-of-life trajectory. No specific prognosis is required (§ 1B1.13(b)(1)(A)).
- A serious condition or impairment that substantially diminishes self-care in prison, with no expected recovery (§ 1B1.13(b)(1)(B)).
- Long-term or specialized care that is not being provided, with a risk of serious deterioration or death (§ 1B1.13(b)(1)(C)).
- An outbreak or declared public health emergency affecting the facility that puts the person at increased risk of severe complications or death, when the risk cannot be mitigated in time (§ 1B1.13(b)(1)(D)).
- Age 65 or older with serious age-related decline, after serving 10 years or 75 percent of the term, whichever is less (§ 1B1.13(b)(2)).
- Family Circumstances: The death or incapacitation of a child's caregiver, or the incapacitation of a spouse, registered partner, parent, or other immediate family member when the prisoner would be the only available caregiver (§ 1B1.13(b)(3)).
- Abuse in Custody: Sexual abuse, or physical abuse causing serious bodily injury, committed by or at the direction of a correctional officer, a BOP employee or contractor, or another person who had custody or control of the prisoner (§ 1B1.13(b)(4)).
- Other reasons similar in gravity (§ 1B1.13(b)(5)). How far this catch-all reaches depends on the sentencing circuit's law.
Rehabilitation alone is never enough under 28 U.S.C. § 994(t), although § 1B1.13(d) permits courts to weigh it with other circumstances.
What Changed in 2026?
The Supreme Court removed two grounds for compassionate release on May 28, 2026, and the BOP reissued its own review criteria on September 3, 2026, dropping its family-caregiver categories.
Rutherford v. United States: Unusually Long Sentence
Rutherford, decided 6-3, involved prisoners whose sentences under 18 U.S.C. § 924(c) would be shorter under the First Step Act, which Congress did not apply to people already sentenced. The Court held that when Congress declines to make a sentencing amendment retroactive, the gap between the old sentence and the new one cannot, by itself or in combination with other factors, make a prisoner eligible.
That holding reaches § 1B1.13(b)(6), the provision on unusually long sentences that the Commission added in 2023. The Court held the policy statement invalid to the extent it says a sentencing change of that kind can qualify, and a footnote in Fernandez says the Commission exceeded its authority by adding that category. As of October 2026, the Commission has not amended or removed (b)(6), which is still printed in the 2025 Guidelines Manual. Its 2026 amendments went to Congress on April 30, 2026, before Rutherford. They are scheduled to take effect on November 1, 2026, unless Congress acts and changes § 1B1.13 only by replacing "Bureau of Prisons" with "Federal Bureau of Prisons." The priorities the Commission adopted on August 27, 2026 do not name § 1B1.13.
Rutherford left open whether reasons beyond a prisoner's personal circumstances can qualify, and the Court said the abuse-in-custody provision was not at issue.
Fernandez v. United States: Validity of a Conviction
Fernandez held that a prisoner who attacks the validity of a conviction must proceed by a motion under 28 U.S.C. § 2255, the statute for challenging a federal conviction or sentence outside the direct appeal, and that the claimed invalidity of a conviction is not an extraordinary and compelling reason. A motion based on a terminal illness does not suggest the conviction is invalid. A motion based on alleged problems with the investigation or trial does. The opinion does not separately decide whether the same rule covers a claim of legal error in the sentence. It does say that a reason is not compelling if Congress has channeled it through the post-conviction statutes, and the Fourth Circuit had already barred both kinds of attack in United States v. Ferguson (2022). Elizabeth Franklin-Best P.C. has a longer analysis of what the two 2026 Supreme Court decisions held and what they left open.
What Does the BOP's Own Compassionate Release Review Cover?
The BOP's review decides only whether the Bureau itself will ask the court for a reduction, and its criteria, reissued in Program Statement 5050.51, dated September 3, 2026, differ in several ways from the grounds a court may consider. The BOP files a motion only with its Director's approval, after review by the warden and the General Counsel (28 C.F.R. § 571.62(a)).
Where the court's test and the BOP's criteria differ:
- Family Caregiving
- Court: § 1B1.13(b)(3).
- BOP: No family category. The policy's Summary of Changes says it eliminated the child-caregiver and spouse or registered-partner caregiver criteria (Program Statement 5050.51 at p. 1).
- Medical Care
- Court: Care that is not being provided.
- BOP: Care that cannot be provided in the Bureau without undue hardship, prohibitive costs, or significant disruption to the institution (p. 6).
- Age
- Court: § 1B1.13(b)(2) requires age-related decline, and the statute separately covers people at least 70 who have served 30 years on a sentence imposed under 18 U.S.C. § 3559(c).
- BOP: The same test for people 65 and older, plus those age 70 with 30 years served (p. 6).
- Abuse in Custody
- Court: Formal proof is excused when proceedings are unduly delayed, or the defendant is in imminent danger.
- BOP: The abuse must be substantiated and committed by, or at the direction of, a Bureau employee, contractor, or volunteer (pp. 7-8).
- Other Reasons of Similar Gravity
- Court: § 1B1.13(b)(5).
- BOP: None listed.
A judge deciding a prisoner's own motion applies the statute and § 1B1.13, not the program statement, so a family-circumstances request the BOP will not support, or even consider, can still be granted in court. The request to the warden is required either way.
Practice Note on the Warden Request: The 30 days run from the date the warden receives the request, so keep proof of that date, and put every ground in the request. The Seventh Circuit requires the court motion to rest on the same or similar grounds presented to the BOP (United States v. Williams, 2021). The Fourth Circuit does not (Ferguson).
A warden who refers a request up the chain must send a progress report no more than 30 days old and, in medical cases, a physician's summary with an estimate of life expectancy (p. 10). The same records belong in a court motion.
Who Can Make a Compassionate Release Request to the Courts?
Only two parties can file a compassionate release motion in federal court: the Director of the BOP, or the defendant after first asking the warden to seek a reduction. A relative, partner, or lawyer may make that first request on the prisoner's behalf, and the BOP processes it the same way (28 C.F.R. § 571.61(b)).
The sequence for a prisoner's own motion:
- Send the warden a written request stating the reasons and a release plan, including where the person will live and, for health-based requests, where treatment will be provided (28 C.F.R. § 571.61(a)). A person in a halfway house or on home confinement sends it to the Residential Reentry Management Office (Program Statement 5050.51 at p. 3).
- Wait for the earlier of two events: The end of the BOP's administrative appeals, or 30 days from the warden's receipt of the request.
- File the motion in the sentencing court.
In United States v. Muhammad (2021), the Fourth Circuit held that the 30-day route is open whether or not the warden has answered, and that the requirement is not jurisdictional, so the government can waive or forfeit it.
How Often Is Compassionate Release Granted?
Federal courts granted 394 of the 2,795 compassionate release motions they decided in fiscal year 2025 (October 1, 2024 through September 30, 2025), a 14.1% grant rate, down from 16.0% in the Commission's fiscal year 2024 report. The figures come from Table 3 of the U.S. Sentencing Commission's Compassionate Release Data Report for fiscal year 2025.
Motions granted, by circuit, fiscal year 2025:
- First Circuit: 14 of 56 (25.0%)
- Second Circuit: 32 of 118 (27.1%)
- Third Circuit: 12 of 95 (12.6%)
- Fourth Circuit: 81 of 572 (14.2%)
- Fifth Circuit: 18 of 182 (9.9%)
- Sixth Circuit: 24 of 271 (8.9%)
- Seventh Circuit: 14 of 173 (8.1%)
- Eighth Circuit: 26 of 528 (4.9%)
- Ninth Circuit: 72 of 232 (31.0%)
- Tenth Circuit: 21 of 101 (20.8%)
- Eleventh Circuit: 75 of 447 (16.8%)
- D.C. Circuit: 5 of 20 (25.0%)
Because the sentencing court decides the motion, the circuit that counts is the one where the case was prosecuted, not where the person is confined. Elizabeth Franklin-Best P.C. publishes grant rates for every federal district.
The Commission's preliminary report for fiscal year 2026 covers October 1, 2025 through June 30, 2026 and shows 195 grants in 1,432 decisions (13.6%). The fiscal year 2025 numbers include the grounds at issue in Rutherford: among the 631 reasons judges gave for 394 grants, they cited § 1B1.13(b)(6) 80 times and multiple § 924(c) penalties 45 times (Table 10).
Why Do Courts Deny Compassionate Release Motions?
Courts most often deny compassionate release on the 18 U.S.C. § 3553(a) sentencing factors, which accounted for 1,260 of the 5,067 reasons judges gave across 2,401 denials in fiscal year 2025. The specific reasons cited most often, as shares of all reasons given (Table 11):
- Section 3553(a) Factors: 1,260 (24.9%)
- Rehabilitation Insufficient: 524 (10.3%)
- No Extraordinary and Compelling Reason Provided: 512 (10.1%)
- Failure to Exhaust Administrative Remedies: 447 (8.8%)
- Insufficient Proof of a Serious Physical or Medical Condition: 352 (6.9%)
The report groups another 882 reasons (17.4%) as "Other." A judge may give several reasons in one order, so these are not shares of motions.
Frequently Asked Questions
Is compassionate release a real thing?
Yes. Compassionate release is written into federal law at 18 U.S.C. § 3582(c)(1)(A), and federal judges granted 394 of these motions in fiscal year 2025. The statute covers federal sentences only. A person serving a state sentence has to look to that state's law.
What are the conditions of compassionate release?
To grant a compassionate release motion, the judge must find an extraordinary and compelling reason, that the person is not a danger to others, and must consider the § 3553(a) factors. After release, the judge may impose supervised release—a period of court supervision—for up to the unserved portion of the prison term. Its conditions can include home confinement (18 U.S.C. §§ 3583(d), 3563(b)(19)).
How long does compassionate release take?
Section 3582(c)(1)(A) sets no deadline for the judge to rule. The fixed points are these: a prisoner may file 30 days after the warden receives the request, the BOP must process a terminally ill prisoner's request within 14 days of receiving it (18 U.S.C. § 3582(d)(2)(A)(iv)), and BOP staff must expedite any request based on a medical condition (28 C.F.R. § 571.62(c)).
What can you do if compassionate release is denied?
Appeal, or file again on new facts. A defendant's notice of appeal in a criminal case is due 14 days after the order is entered (Fed. R. App. P. 4(b)(1)(A)), and the Sixth Circuit applied that deadline to an appeal from a compassionate release denial in United States v. Payton (2020). As the Supreme Court noted in Fernandez, § 3582 puts no cap on the number of motions.
Is the unusually long sentence ground in § 1B1.13(b)(6) still available?
Not for a sentencing change that Congress chose not to make retroactive. Subsection (b)(6) is still printed in the Guidelines Manual as of October 2026, but Rutherford held it invalid to the extent it makes such a change a qualifying reason. The Supreme Court has not settled whether any part of (b)(6) survives for other kinds of legal change, and Rutherford did not decide whether developments after judgment, such as a codefendant's lower sentence, can qualify.
Can I raise innocence or trial errors in a compassionate release motion?
No. Fernandez held that an attack on the validity of a conviction must be brought under 28 U.S.C. § 2255 and is not an extraordinary and compelling reason for a sentence reduction. Section 2255 has a one-year deadline and strict limits on second motions, so measure the claim against that deadline before filing anything else.
Getting Help With a Compassionate Release Motion
A compassionate release motion depends on current records, starting with the BOP medical file and the release plan. If you are considering a motion for yourself or a family member, you can schedule a consultation to review the facts and the law of the sentencing circuit.
About the Authors
Elizabeth Franklin-Best, Principal Attorney of Elizabeth Franklin-Best, P.C., is a federal criminal defense and appellate attorney with more than 20 years of experience. She is admitted to the U.S. Supreme Court and all U.S. Courts of Appeals hearing criminal matters. She is recognized in The Best Lawyers in America 2027 for Appellate Practice, Criminal Defense: General Practice, and Criminal Defense: White-Collar, and ranked in Chambers USA 2026 for Litigation: White-Collar Crime & Government Investigations in South Carolina.
Christopher Zoukis, JD, MBA, is the Managing Director of Elizabeth Franklin-Best, P.C., where he leads the firm's federal prison consulting work on Bureau of Prisons designation, sentence computation, medical care, and the First Step Act. He is the author of the Federal Prison Handbook and Directory of Federal Prisons, and he chairs the Board of Directors of the Human Rights Defense Center, publisher of Prison Legal News and Criminal Legal News. CNN, The Washington Post, Bloomberg Law, and the Associated Press have quoted him on federal prison policy.
This article on federal compassionate release is current as of October 4, 2026.
