Federal Compassionate Release

Federal compassionate release provides a critical pathway for incarcerated individuals to seek early release from federal prison when extraordinary and compelling circumstances warrant a sentence reduction. This comprehensive guide draws upon U.S. Sentencing Commission data reports, Bureau of Prisons policy statements, federal appellate decisions, and the November 2023 amendments to USSG § 1B1.13 to explain how federal compassionate release works in practice.

Attorney Elizabeth Franklin-Best and Christopher Zoukis have extensive experience navigating the complex procedural requirements and substantive standards governing these motions across federal circuits.

Since the First Step Act of 2018 empowered incarcerated individuals to file their own motions for compassionate release—rather than relying solely on the Bureau of Prisons—federal courts have decided thousands of these cases. Understanding the legal framework, exhaustion requirements, and factors courts consider can significantly impact whether a motion succeeds or fails.

Quick Answers

• What is federal compassionate release? A sentence reduction under 18 U.S.C. § 3582(c)(1)(A) granted by federal courts when extraordinary and compelling reasons exist and the § 3553(a) sentencing factors support release.
• Who can file a compassionate release motion? The incarcerated individual may file after exhausting BOP administrative remedies or waiting 30 days from submitting a request to the warden—whichever occurs first.
• What qualifies as extraordinary and compelling? Terminal illness, serious medical conditions, age-related deterioration, family circumstances, victim of abuse in custody, unusually long sentences combined with changes in law, or other circumstances of similar gravity.
• What is the current grant rate? Approximately 16% of federal compassionate release motions were granted in fiscal year 2024, according to U.S. Sentencing Commission data.
• Does rehabilitation alone qualify? No. Congress specified that rehabilitation alone cannot constitute an extraordinary and compelling reason, though it strengthens a motion when combined with other qualifying factors.

At a Glance: Key Takeaways

• The First Step Act of 2018 allows incarcerated individuals to file compassionate release motions directly with the court after satisfying a 30-day waiting period or exhausting BOP administrative remedies.
• Courts granted 481 of 3,015 compassionate release motions (16.0%) decided in fiscal year 2024.
• The November 2023 amendments to USSG § 1B1.13 expanded recognized extraordinary and compelling reasons to include unusually long sentences, victim of abuse in custody, and changes in law.
• Drug trafficking offenses account for 55% of granted compassionate release cases, reflecting the prevalence of such convictions in the federal system.
• Circuit court grant rates vary significantly—from 7.2% in the Eighth Circuit to 34.9% in the Second Circuit during FY 2024.
• The § 3553(a) sentencing factors remain the most common basis for denial, cited in nearly 25% of denied motions.

Understanding the Legal Framework for Federal Compassionate Release

Federal compassionate release is governed by 18 U.S.C. § 3582(c)(1)(A), which authorizes courts to reduce a term of imprisonment when extraordinary and compelling reasons warrant such a reduction. Before the First Step Act of 2018, only the Director of the Bureau of Prisons could file these motions with the court. The BOP used this authority sparingly—averaging only 24 grants per year between 2006 and 2011.

The First Step Act fundamentally transformed compassionate release by allowing incarcerated individuals to petition courts directly. Under the amended statute, a defendant may file a motion after either fully exhausting all administrative rights to appeal within the BOP or after the lapse of 30 days from the warden’s receipt of a compassionate release request—whichever occurs earlier.

Courts must evaluate three elements when considering a compassionate release motion: whether extraordinary and compelling reasons exist, whether the reduction is consistent with applicable Sentencing Commission policy statements, and whether the § 3553(a) sentencing factors support the reduction.

The 30-day exhaustion pathway has become the dominant approach for filing compassionate release motions. Most circuits interpret the statute to allow filing once 30 days have passed from the warden’s receipt of the request, regardless of whether the BOP has responded. This interpretation significantly accelerates access to judicial review compared to the full administrative remedy process, which can take upwards of a year to complete.

Extraordinary and Compelling Reasons Under USSG § 1B1.13

The U.S. Sentencing Commission’s November 2023 amendments to USSG § 1B1.13 substantially expanded the recognized categories of extraordinary and compelling reasons. These amendments codified much of what federal courts had already recognized in practice during the years when the Commission lacked a quorum. These compassionate release eligibility criteria fall within several distinct areas.

Medical Circumstances

The policy statement recognizes several medical bases for compassionate release:

1. Terminal Illness: A serious and advanced illness with an end-of-life trajectory. The Commission clarified that a specific prognosis of life expectancy is not required. Examples include metastatic solid-tumor cancer, amyotrophic lateral sclerosis (ALS), end-stage organ disease, and advanced dementia.
2. Serious Physical or Medical Condition: A condition that substantially diminishes the individual’s ability to provide self-care within a correctional facility and from which recovery is not expected.
3. Serious Functional or Cognitive Impairment: Impairment that substantially diminishes the ability to function in a correctional setting.
4. Deteriorating Health Due to Aging: Physical or mental deterioration because of the aging process that substantially diminishes the ability to provide self-care.
5. Medical Condition Requiring Specialized Care: A condition requiring long-term or specialized medical care that the BOP is not providing, placing the individual at risk of serious health deterioration or death.
6. Infectious Disease or Public Health Emergency: Increased risk of severe medical complications or death from an ongoing outbreak or declared public health emergency, considering personal health risk factors and the individual’s ability to adequately mitigate risk in custody.

Age of the Defendant

An individual who is at least 65 years old, experiencing serious deterioration in physical or mental health because of the aging process, and has served the lesser of 10 years or 75 percent of their term of imprisonment may qualify under the age-based category.

Family Circumstances

The 2023 amendments expanded family circumstances to include: the death or incapacitation of the caregiver of a minor child or adult child incapable of self-care; the incapacitation of a spouse or registered partner requiring the defendant’s care; the incapacitation of a parent requiring the defendant’s care; and the incapacitation of any other immediate family member requiring the defendant’s care when the defendant would be the only available caregiver.

Victim of Abuse in Custody

A significant addition in the 2023 amendments recognizes extraordinary and compelling circumstances when the defendant was a victim of sexual or physical abuse committed by, or at the direction of, a correctional officer, BOP employee, or contractor, or any person with custody or control over the defendant. The abuse must be established through a criminal conviction, civil liability finding, or administrative proceeding finding.

Unusually Long Sentences and Changes in Law

Perhaps the most consequential addition, subsection (b)(6) provides that if a defendant received an unusually long sentence and has served at least 10 years of imprisonment, a change in law (other than a non-retroactive Guidelines amendment) may be considered in determining whether extraordinary and compelling reasons exist. This provision addresses the circuit split that had developed regarding whether non-retroactive legal changes could support compassionate release.

The “unusually long sentence” provision has generated significant litigation. Courts have applied it to defendants sentenced under mandatory consecutive penalties for multiple 18 U.S.C. § 924(c) firearm offenses before the First Step Act eliminated stacking, and to defendants sentenced under the former 21 U.S.C. § 851 enhancement scheme. However, some circuits—including the Third, Sixth, and Seventh—have rejected or limited the Sentencing Commission’s authority to include non-retroactive changes in law as extraordinary and compelling reasons.

Other Reasons

The policy statement retains a catch-all provision recognizing that extraordinary and compelling reasons may exist when a defendant presents any other circumstance or combination of circumstances that, when considered alone or together with the specified reasons, are similar in gravity to those enumerated categories.

The Role of Rehabilitation

Congress explicitly provided in 28 U.S.C. § 994(t) that rehabilitation of the defendant alone shall not be considered an extraordinary and compelling reason for compassionate release. The Sentencing Commission incorporated this limitation into USSG § 1B1.13.

However, rehabilitation evidence plays a crucial supporting role in compassionate release motions. According to U.S. Sentencing Commission data for fiscal year 2024, courts cited rehabilitation as a factor in 15.3% of granted motions—making it the most frequently cited reason. In every case where rehabilitation was mentioned, the court also cited at least one other qualifying ground.

Rehabilitation evidence strengthens a motion by demonstrating: reduced risk of recidivism and danger to the community, respect for law developed during incarceration, specific deterrence has been achieved, and the purposes of sentencing have been substantially fulfilled. Programming completion, educational achievements, vocational certifications, institutional conduct records, and support letters from BOP staff all contribute to this analysis.

The Section 3553(a) Sentencing Factors

Even when extraordinary and compelling reasons exist, courts must consider the § 3553(a) sentencing factors and may deny relief if those factors weigh against a sentence reduction. These factors include: the nature and circumstances of the offense, the history and characteristics of the defendant, the need for the sentence to reflect the seriousness of the offense and promote respect for law, the need to afford adequate deterrence, the need to protect the public from further crimes, and the need to provide the defendant with needed educational or vocational training or medical care.

The § 3553(a) analysis represents the most common basis for denial. U.S. Sentencing Commission data shows that courts cited the § 3553(a) factors in denying 24.7% of compassionate release motions in fiscal year 2024—more than any other single reason.

The parsimony principle embedded in § 3553(a) requires courts to impose a sentence “sufficient, but not greater than necessary” to accomplish sentencing goals. For terminally ill individuals or those who have served substantial portions of lengthy sentences, this principle increasingly supports release. Courts recognize that continuing to incarcerate someone whose circumstances have fundamentally changed may impose punishment beyond what is necessary for the purposes Congress identified.

Federal Compassionate Release Success Rates and Trends

U.S. Sentencing Commission data provides detailed insight into compassionate release outcomes. In fiscal year 2024, federal courts decided 3,015 motions for which outcome information was available, granting 481 (16.0%) and denying 2,534 (84.0%).

Grant Rates by Circuit (FY 2024)

First Circuit

• Total Motions: 59
• Granted: 18
• Grant Rate: 30.5%

Second Circuit

• Total Motions: 109
• Granted: 38
• Grant Rate: 34.9%

Third Circuit

• Total Motions: 122
• Granted: 12
• Grant Rate: 9.8%

Fourth Circuit

• Total Motions: 518
• Granted: 101
• Grant Rate: 19.5%

Fifth Circuit

• Total Motions: 190
• Granted: 23
• Grant Rate: 12.1%

Sixth Circuit

• Total Motions: 206
• Granted: 26
• Grant Rate: 12.6%

Seventh Circuit

• Total Motions: 323
• Granted: 33
• Grant Rate: 10.2%

Eighth Circuit

• Total Motions: 540
• Granted: 39
• Grant Rate: 7.2%

Ninth Circuit

• Total Motions: 321
• Granted: 82
• Grant Rate: 25.5%

Tenth Circuit

• Total Motions: 142
• Granted: 34
• Grant Rate: 23.9%

Eleventh Circuit

• Total Motions: 472
• Granted: 74
• Grant Rate: 15.7%

D.C. Circuit

• Total Motions: 13
• Granted: 1
• Grant Rate: 7.7%

These variations reflect differing circuit precedents regarding what constitutes extraordinary and compelling circumstances, the weight given to various factors, and the level of deference accorded to district court discretion.

Characteristics of Granted Cases

Among individuals who received compassionate release in fiscal year 2024: 43.5% had original sentences of 20 years or more, 26.2% had sentences between 10 and 20 years, and 17.3% had sentences between 5 and 10 years. Drug trafficking offenses represented 55.0% of granted cases, followed by robbery (14.4%) and firearms offenses (9.6%).

The Exhaustion Requirement and Filing Process

Before filing a compassionate release motion with the court, an incarcerated individual must satisfy one of two exhaustion pathways under 18 U.S.C. § 3582(c)(1)(A): fully exhaust all administrative rights to appeal within the BOP, or wait 30 days from the date the warden received the compassionate release request.

Administrative Request to the Warden

The process begins by submitting a formal written request to the facility warden following BOP Program Statement 5050.50 procedures. The request should include a comprehensive statement of the extraordinary and compelling reasons supporting release, relevant medical records and documentation, evidence of rehabilitation, letters of family support, and a detailed release plan that addresses housing, employment, and medical care.

The 30-Day Pathway

Most circuits have interpreted the statute to create two independent routes to court: full administrative exhaustion through appeals to the Regional Director and General Counsel, or the passage of 30 days from the warden’s receipt of the request, regardless of whether any response was issued. This interpretation follows the plain language of the statute, which uses “whichever is earlier” to describe the relationship between these alternatives.

Filing the Motion

After satisfying the exhaustion requirement, the motion for compassionate release is filed in the district court that imposed the original sentence. The motion typically includes: a legal memorandum addressing the three-part statutory test, all supporting documentation, a proposed release plan with conditions of supervised release, and copies of the administrative request and any BOP response.

Common Reasons Courts Deny Compassionate Release

Understanding why courts deny compassionate release motions can help identify weaknesses to address in future filings. U.S. Sentencing Commission data for fiscal year 2024 identifies the most frequently cited denial reasons:

1. Section 3553(a) factors (24.7%): The nature and circumstances of the offense, criminal history, need for deterrence, or public safety concerns outweigh the extraordinary circumstances presented.
2. No extraordinary and compelling reason (9.7%): The court determined that the circumstances presented, individually or collectively, did not rise to the level of extraordinary and compelling.
3. Rehabilitation insufficient (9.2%): The motion relied too heavily on rehabilitation without establishing other qualifying grounds.
4. COVID-19/pandemic risk insufficient (8.6%): Health concerns related to COVID-19 were not sufficiently supported by medical documentation or were adequately mitigated by institutional conditions.
5. Failure to exhaust administrative remedies (8.4%): The motion was filed before satisfying the exhaustion requirement.
6. Insufficient proof of medical condition (7.1%): Medical documentation did not adequately establish the severity or nature of the claimed condition.

Frequently Asked Questions About Federal Compassionate Release

How long does the compassionate release process take?

The complete process typically takes 2 to 8 months, depending on the case's complexity, the court’s docket, and whether the government opposes the motion. The 30-day exhaustion period is the minimum required before filing.

Can inmates file for compassionate release without the assistance of an attorney?

Yes. Incarcerated individuals may file pro se motions. However, the procedural requirements, legal standards, and circuit-specific precedents make experienced legal representation valuable in crafting persuasive motions and responding to government opposition.

What happens if a compassionate release motion is denied?

Denials can be appealed to the circuit court of appeals. Additionally, circumstances may change over time—such as worsening medical conditions, additional time served, or new legal developments—potentially supporting a subsequent motion.

Does the Bureau of Prisons still file compassionate release motions?

Yes, though rarely. In fiscal year 2024, the BOP Director filed or joined motions in fewer than 2% of granted cases. The vast majority of successful motions (96.4%) were filed by the incarcerated individual or their counsel.

Can inmates be released to serve the remainder of their sentence on home confinement?

Courts may impose a term of supervised release with conditions, including home confinement, in lieu of the remaining imprisonment term. The court has discretion to structure release conditions that address public safety while allowing early release.

What medical conditions most commonly support compassionate release?

Terminal illnesses, serious physical conditions substantially diminishing self-care ability, and deteriorating health due to aging are the most frequently successful medical bases. Courts have granted release for conditions including metastatic cancer, advanced organ disease, and severe cognitive impairment.

Is there an age requirement for compassionate release?

No minimum age is required, although the age-based category specifically applies to individuals 65 and older with deteriorating health who have served a substantial amount of time. Medical and family circumstances can support release for individuals of any age.

What is an “unusually long sentence” under the new guidelines?

The Sentencing Commission did not define a specific length threshold. Courts have applied this provision where significant sentencing disparities exist between the defendant’s sentence and what similarly situated defendants receive today, particularly in cases involving stacked mandatory minimums or superseded enhancement schemes.

How does criminal history category affect the chances of success?

Commission data shows that 33.1% of individuals receiving compassionate release in FY 2024 had Criminal History Category VI, and 25.5% had Category I. While higher criminal history categories may raise § 3553(a) concerns about public safety, they do not categorically preclude relief.

Can changes to drug sentencing laws support compassionate release?

Yes, particularly under the “unusually long sentence” provision. The elimination of mandatory consecutive sentences for stacked § 924(c) counts and reforms to the § 851 enhancement scheme have been cited in numerous successful motions.

Your Federal Compassionate Release Team

Federal compassionate release under 18 U.S.C. § 3582(c)(1)(A) provides meaningful opportunities for sentence reduction when extraordinary and compelling circumstances exist. The November 2023 amendments to USSG § 1B1.13 expanded the recognized grounds for relief, and courts continue to grant approximately 15-16% of motions filed.

Success requires thorough documentation of qualifying circumstances, careful attention to circuit-specific precedent, and persuasive presentation of how the § 3553(a) factors support release. Early assessment of eligibility and strategic planning can significantly impact outcomes.

If you or a loved one may qualify for federal compassionate release, schedule a one-hour initial consultation with Elizabeth Franklin-Best to discuss your circumstances and develop an effective strategy.