WARDENS ENCOURAGED TO USE THEIR DISCRETION
The Warden’s Exception: FSA Credits vs. Compassionate Release
The term “Warden’s Exception” refers to two distinct processes:
1. First Step Act (FSA) Credits: Under 18 U.S.C. § 3624(g), a warden may approve eligible medium- or high-risk prisoners to use earned FSA credits toward prerelease custody or earlier supervised release, subject to statutory and BOP requirements. Considerations include public safety, reduced recidivism risk, and participation in programs.
2. Compassionate Release: Under 18 U.S.C. § 3582(c)(1)(A), only a federal judge can reduce a sentence. However, the warden can review a request and recommend relief through BOP leadership.
Practical Comparison: FSA credits may help eligible prisoners transition to community custody sooner through earned credits and warden approval. Compassionate release seeks a reduction in the sentence itself based on extraordinary and compelling circumstances. For either option, prisoners should submit a documented written request to the warden. For compassionate release, prisoners may generally file in court after exhausting administrative requirements or 30 days after the warden receives the request, whichever comes first.
Derek Gilna, Director of Research, JD, (De Paul Law School, 1975), MARJ, (Vermont Law School, 2020), Federal Legal Center, 133 W. Market, #171, Indianapolis, IN 46204; dgilna1948@yahoo.com, dagilna1948@yahoo.com, firststeprelief@yahoo.com, federallegalnews@yahoo.com.