Compassionate Release Is Possible; Just Not Guaranteed.
Compassionate Release, Defined.
I. FAMM. There are four broad criteria for compassionate release, set by the U.S. Sentencing Commission:
- Medical condition: Prisoners qualify for compassionate release if they have
- A terminal illness that will lead to the end of life, even if there is no specific prognosis of life expectancy; or
- A physical or mental condition
- That substantially diminishes the prisoner’s ability to provide self-care in prison;
- From which the prisoner is not expected to recover; and
- The condition should be a
- Serious medical or mental health
- Serious functional or cognitive impairment; or
- Deteriorating physical or mental health conditions due to aging.
- Age: Prisoners qualify for compassionate release if they are
- At least 65 years old;
- Experiencing a serious deterioration in physical or mental health due to age; and
- Have served at least 10 years or 75 percent of the sentence…
3. Family circumstances: Prisoners qualify for compassionate release if they experience
- The death or incapacitation of the caregiver of the prisoner’s minor child(ren), or
- Incapacitation of the prisoner’s spouse or registered partner, for whom the prisoner is the only available caregiver.
- Other reasons: Prisoners qualify for compassionate release if the Director of the BOP finds that the prisoner is facing extraordinary and compelling reasons other than, or in combination with, the above
PROGRAM STATEMENT (PS) (this is BOP Policy, even if they don’t always follow it) PS: NUMBER 5050.50
DATE January 17, 2019
- Compassionate Release/Reduction in Sentence: Procedures for Implementation of 18 U.S.C. § 3582 and 4205(g)
Compassionate Release / Reduction in Sentence (RIS) — Attorney Summary Authority:
18 U.S.C. § 3582(c)(1)(A); BOP Program Statement 5050.50 (internal policy, not binding on courts).
1. Medical-Based Requests: Terminal Illness
- Diagnosis of a terminal, incurable condition with ≤18 months life expectancy or an end-of-life
No functional impairment required.
- BOP assesses diagnosis, prognosis, comorbidities, and (optionally) ADLs for recidivism
Statutory Duties After Terminal Diagnosis (§ 3582(d)(2))
- 72 hours: Notify counsel, partner, and family of diagnosis and right to submit
- 7 days: Offer in-person visitation to partner/family (including extended family).
- Upon request, BOP must assist with drafting/submitting
- 14 days from request: BOP must process the
Failure to comply is a statutory violation and is commonly raised in court.
Debilitated Medical Condition (Non-terminal)
- Incurable or irreversible condition plus:
- Bed/chair-bound with no self-care, or
- Limited self-care and bed/chair-bound>50% of waking
2. Non-Medical Requests
Elderly Inmates (No Medical Requirement)
- Age ≥65 and
- Served the greater of 10 years or 75% of
Incapacitated Spouse or Registered Partner
- Spouse/partner
- Defendant is the only available caregiver.
- Requires medical proof and absence of alternative
3. Relationship Between BOP and Court
- After the First Step Act, the defendant may file directly with the court after:
- full administrative exhaustion, or
- 30 days after submitting a request to the
- Courts are not bound by BOP denials and frequently grant relief
Bottom Line:
Terminal cases trigger mandatory timelines; functional impairment is not required. BOP delay or noncompliance often strengthens court-based compassionate release motions.
- U.S. Sentencing Commission Compassionate Release Data Report, Fiscal Year 2024 [3-2025_FY24 Compassionate Release – % Reasons for Denial or Granted]
The Commission reports on various sentencing trends, including resentencings and modifications. This report analyzes compassionate release motions decided by the courts in fiscal year 2024. Table 1 and Figure 1 show data from previous years for trend analysis. The report is based on motions for which the Commission received court documentation and completed its analysis by February 14, 2025.
- FAMM: The Sentencing Commission Policy Statement, §1B1.13 Grounds for a Reduction in Sentence. The following are “extraordinary and compelling” reasons that may qualify an individual to petition the sentencing court for a reduced sentence:
Medical circumstances (b)(1)
- A terminal illness (a serious and advanced illness with an end-of-life trajectory).
- Applies to individuals who cannot adequately care for themselves (dressing, bathing, feeding) in a carceral environment because of a:
- serious physical or medical condition, or
- serious functional or cognitive impairment, or,
- deteriorating physical or mental health because of aging
- Inadequate medical care*
- This provision covers individuals who are suffering from a medical condition and require, but are not receiving, long-term or specialized care, putting them at risk of serious deterioration or death.
- Public health crisis*
- There is an ongoing infectious disease outbreak that is likely to affect the individual who is at an increased risk of a severe complication if exposed to the infectious disease, and the risk of exposure cannot be diminished in an adequate amount of time.
Age of the individual (b)(2)
- This applies to individuals who: (1) are at least 65 years old; (2) are experiencing physical or mental health issues because of the aging process; and (3) have served the lesser of 10 years or 75% of their sentence.
Family circumstances (b)(3) applies when
- An individual has minor children (under 18 years old), and the primary caregiver of those children has died or is unable to care for the children.
- An individual has a child who is 18 years or older, who is incapable of self-care due to a physical or mental disability, and the primary caregiver has died or is unable to care for them.*
- The incarcerated person’s spouse becomes incapacitated, and there is no one else who can care for the defendant’s spouse.
- The incarcerated person’s parent becomes incapacitated, and the incarcerated person is the only individual who can be a caregiver for the parent.*
Victims of abuse (b)(4)*
- This provision covers individuals who are survivors of sexual abuse by prison personnel, as well as survivors of physical abuse by prison personnel. If the individual suffered physical abuse, that abuse must result in “serious bodily injury” as defined in the USSC Guidelines at §1B1.1.
Things a defendant should do.
As the PSI date has not been set, prepare his medical record and other information (such as a personal backstory that ties the medical records to his life history) to provide to the probation officer before you meet, so they have time to fill out their PSI/PSR Worksheet.
Why A Journal Paper Trail. Sample.
Simple Mauve Journal: Soft Cover Lined 100 Page Writing Notebook Diary (Simple Coloured Journals) Paperback – $4.95
Your Documentation is crucial to your Compassionate Release Success. Still, There Are No Guarantees.
Who Has Your Power of Attorney?
c
- To get a Compassionate Release Granted, He First Must Complete the Administrative Remedy
- This involves filling out the 9, 10, and 11. If unsuccessful, then 2241.
- If there are urgent medical issues, after he gets a reply to a BP-9, he can jump to 2241.
- You’re The Smartest Person In The Room, Be Humble.
Your Journal Paper Trail Acte As Your Insurance, Documentation Toward Compassionate Release.
- A new habit, at minimum, writing and detailing everything, by day, date, time, and outcome.
- For example, what issues were covered in detail during his first medical visit?
- What medications are they willing to provide, and at what dosages, even if different from his PSR? Summarize what the medical staff told him with as much detail as possible.
- You learned the results of his blood pressure readings, blood tests, and any other diagnostic tests; they become part of his journal.
- Asking a guard if you can go to the clinic and the guard says OK doesn’t mean they won’t charge you a co-pay for an unscheduled visit.
l
Attachments.
BOP-Administrative-Remedy Chart
MOTION FOR SENTENCE REDUCTION UNDER 18 U.S.C. § 3582(c)(1)(A)
Administrative Remedy Process: BP8 – 11
The BP 8, an informal conversation with his Case Manager, to learn the process. Then 9, 10, and 11. [NACDL-bp-9-11-forms-1]
He gets the forms from his case manager.
He will need a Calendar as each form needs to be.
- Each has the same request, one request per complaint BP 9-11 Series.
- You get denied or hear nothing, you start the next BP
- When done, the first BP-9 (make four copies on the copy machine in the Library). No copy machine? Then write out all the information, which must be identical.
- Starting a BP-10 (attach the BP-9)
- Starting a BP 11(attach copies of the 9 and 10).
Request for Administrative Remedy (BP-9) goes to the Warden. The BP-9 complaint must be filed within 20 calendar days of the incident.
- Warden has 20 calendar days to respond, which may be extended for an additional 20 calendar days.
With a Denial or No Response;
Request for Administrative Remedy (BP-10) goes to the Regional Director. The BP-10 complaint must be filed within 20 calendar days of the Warden’s response.
- The Regional Director has 30 calendar days from the date of receipt to respond, which may be extended by an additional 30 calendar days.
- The BP 9 gets attached to the BP-
- This is always the same complaint
Request for Administrative Remedy (BP-11), General Counsel in Central Office (BP-11) within 30 calendar days of the Regional Director’s response.
- The BP 9 and 10 get attached to the BP-
- This is always the same complaint, and one per
- The Regional Director has 40 calendar days from the date of receipt to respond, which may be extended by an additional 20 calendar days.
If Life-threatening Urgency, after the BP-9 is filed and there is a denial or no response, you can start the 2241.
Legal: DOJ-OIG
Each of these is impacted by Nationwide Staffing Shortages and BOP On-Site staff who do not follow policies and procedures.
Attachments: Medical Care In General
The grievance system is designed to reject complaints about medical care. Prison Policy Initiative.
9-10-2025 DOJ OIG Inspection of Federal Detention Center SeaTac (3 Minute, 45 Sec.)
- Inspection Report at SeaTac is not an isolated event, as staffing shortages also affect access to medical care nationwide.
6-17-2025 DOJ-OIG BOP Food Service Inspections
- For those concerned that food is not edible by BOP local staff but is still served to DOJ OIG Inspection- Colorectal Cancer Screening Lacking Follow-up Screenings
- Additionally, other BOP facilities experienced shortages of medical staff, delays, and denials of routine and critical diabetic and cardiac visits.
Attachments: BOP Life in General
9-25-2025 DOJ OIG Releases Interactive Dashboard
2-28-2024-OIG-Preventing-Deaths-in-The-BOP
9-25-2025 OIG Audit of the Federal BOP’s Efforts to Place Inmates Close to Home
Attachments: Compassionate Release in Action
Compassionate Release- Breast Ex, Holland, 2026
- The Court denied multiple motions for compassionate release, but release was eventually granted.
- BOVIS surrendered with a complete medical record in his PSR and with his prescription bottles. The medical intake, 1st lowered his dosage, then changed his medications, resulting in multiple mini strokes (TIA) after being taken multiple times to local hospitals.
- His judge ordered a criminal sentence, which is not supposed to be a death sentence.
OIG-DOJ_ 2022 JUDGE TO RELEASE Frederick Mervin Bardell
- Medical care was denied, and the patient died several weeks after a judge held the BOP in contempt for denying medical care and not following the court’s orders.
COMPASSIONATE RELEASEPSIPackage_3-23-2023_Redacted
Reasons:
- Inspection of BOP Detention Center: The problems encountered are Nationwide. September 10, 2025
Significant Staffing Shortages.
- Correctional Services
- The department was staffed at only 69 percent
- The Health Services Department was staffed at 50
- Three of the nine nursing positions and only one of the two pharmacist positions were
Serious Issues with FDC SeaTac’s Provision of Healthcare to Its Inmates.
- Delays in treating both routine and serious inmate health conditions,
- Delays in health intake screenings,
- A backlog of 480 laboratory orders affects the ability to monitor inmates with chronic conditions, and a backlog of preventive healthcare screenings.
1. BOP’s oversight into its use of restraints, July 29, 2025
- While a different topic, correction officers who are short-staffed and overworked, violated BOP Policy
2. BOP Food Service (Impact those who are Immunocompromised (Diabetic)) (Attachment), June 17, 2025. All six BOP Regions underwent unannounced inspections.
- The food service operations at some institutions appeared to be well-run,
- Others had significant problems in multiple areas;
- We observed failures to maintain security and accountability for kitchen knives, an inability to x-ray pallets of food entering the institution for contraband because the facility’s x-ray machines were broken, and the absence of cameras in food warehouses.
3. Many of the issues we observed are manifestations of longstanding BOP-wide
- malfunctioning of major food storage equipment,
- sanitation failures, and workplace safety
4. Colorectal Cancer Screening Practices for Inmates and Their Clinical Follow-up (Attachment) Vanessa J. Lucarella, M.D: Report March 3, 2026, Page 2
- Requires close surveillance with at minimum follow-up with a cardiologist every six months with electrocardiograms, as well as an annual echocardiogram.
- Close monitoring with his lab tests, to include blood sugar analysis with hemoglobin A1c and fasting lipid and hepatic panels, as well as periodic thyroid function testing, because he is on amiodarone
- Follow up routinely with an endocrinologist because of his
- An uninterrupted medication schedule should not be an issue
- Access to urgent medical care, which may result in co-payments, as these visits require pre-approval
5. DOJ-OIG Colorectal Screening Outcomes
- Lack of Documented Clinical Follow-up
- Long Wait Times for Screening
- Failure to provide annual CRC screenings per BOP Policy creates higher risks and potentially poorer clinical outcomes for inmates and can result in substantially increased healthcare costs for the BOP.
- June Hanssen had multiple positive CRC screening results while incarcerated, yet he never received a colonoscopy or a CRC diagnosis.
- In February 2021, Frederick Bardell died of metastatic colon cancer, 9 days after being released from the BOP following multiple compassionate release orders
- Found blood in his stool, but experienced significant delays in follow-up
- Multiple appointments occurred weeks to months after the BOP’s target DOJ-OIG 1/6/2026. Frederick Mervin Bardell Investigation Detailed Result (Attachment)
5. GAO Report Verifies Employee Misconduct
- While there is misconduct, none of it should affect Stephen, as most White-Collar inmates get along or stay under the radar.