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What Is Compassionate Release? A Plain-English Overview

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What Is a Compassionate Release?

Compassionate release asks the federal sentencing judge to shorten a prison sentence — often to time already served — because something extraordinary has happened, usually serious illness, severe decline from age, or a family caregiving crisis. It is a court order under 18 U.S.C. § 3582(c)(1)(A), not a parole decision and not a pardon.

Key takeaways on compassionate release basics

  • A judge decides, not the prison. The motion goes to the U.S. District Court that imposed the sentence. In fiscal year 2025, 369 of the 394 motions granted — 93.7% — were filed by the incarcerated person, not by the Bureau of Prisons (BOP) (USSC FY2025 Compassionate Release Data Report, Table 5).
  • But you have to ask the warden first, and then wait 30 days. A court cannot act until administrative appeals are exhausted or 30 days have passed since the warden received the request, whichever is earlier. Skipping this step was cited 447 times as a reason for denial in FY2025 (Table 11).
  • It is federal only. Section 3582(c)(1)(A) reduces a federal sentence. It does nothing for a state sentence, and nothing for someone in a county jail who has not been sentenced in federal court.
  • The odds are real but modest. Courts granted 394 of the 2,795 motions decided in fiscal year 2025 — 14.1% (USSC FY2025 Data Report, Tables 2–3).
  • The law changed on May 28, 2026. Two Supreme Court decisions closed off two arguments that used to work. If you are reading advice written before that date, some of it is out of date.
  • It shortens the sentence. It does not erase the conviction. Restitution, fines, and the record all survive, and most people released this way serve supervised release afterward.

The Short Version, and What Each Word Means

A federal prison sentence is supposed to be permanent. The statute that controls it opens by saying so: “The court may not modify a term of imprisonment once it has been imposed” (18 U.S.C. § 3582(c)). Then it lists a small number of exceptions. Compassionate release is one of them.

To grant it, a judge has to make three findings. All three, in this order.

  1. Extraordinary and compelling reasons. This is the eligibility gate. The Supreme Court has defined “extraordinary” as “most unusual,” “far from common,” and “having little or no precedent,” and cautioned that the words are “not so flexible as to encompass any consideration” (Rutherford v. United States (2026), slip op. at 9–11).
  2. Not a danger. The judge must find the person “is not a danger to the safety of any other person or to the community,” using the same factors that govern pretrial detention (USSG § 1B1.13(a)(2); 18 U.S.C. § 3142(g)).
  3. The sentencing factors still work. The judge reweighs the ordinary sentencing considerations in 18 U.S.C. § 3553(a) — the seriousness of the offense, deterrence, public protection, the person’s history — and decides whether a shorter sentence is still enough.

Two terms will come up constantly, so here they are once.

“Extraordinary and compelling reasons” is the legal standard. It is not a feeling. The United States Sentencing Guidelines spell out six categories that satisfy it, listed in the next section.

“Exhaustion” means finishing the Bureau of Prisons’ internal complaint process. You do not always have to do it — the 30-day route is the alternative — but the word appears everywhere in this area, and it is explained below.

The name is a nickname, not a statutory term, and people spell it several ways. If you have seen it written as compassion release, that is the same thing; our compassion release page carries the full definition, the history, and every adjacent term at length. Inside a federal facility, staff usually call it a Reduction in Sentence, or RIS — ask for it by that name and the conversation goes faster.

Who Asks, Who Decides, and in What Order

Two people can put a compassionate release motion in front of a judge: the Director of the Bureau of Prisons, or the person serving the sentence (18 U.S.C. § 3582(c)(1)(A)). In practice, the second one is the whole story. Of the 394 motions granted in fiscal year 2025, the Bureau filed 16 and the defendant filed 369 (USSC FY2025 Data Report, Table 5).

Here is the sequence, start to finish.

  1. A written request goes to the warden of the facility where the person is held. 28 C.F.R. § 571.61(a) requires the request to state the extraordinary or compelling circumstances and to include release plans — where the person will live, how they will support themselves, and, for a health-based request, where treatment will happen and how it will be paid for.
  2. The Bureau reviews it internally. The chain runs warden, then the Office of General Counsel, then the Medical Director or the Assistant Director for Correctional Programs, then the Director (28 C.F.R. § 571.62). Where the basis is medical, § 571.62(c) tells staff to expedite the request at all levels.
  3. The 30-day clock runs no matter what the Bureau is doing.
  4. The motion is filed in the U.S. District Court that imposed the sentence — not the court nearest the prison.
  5. The government responds, and the sentencing judge rules, usually on the papers. Hearings are uncommon.

Step one, always: the request to the warden

A defendant-filed motion is permitted only after the person has “fully exhausted all administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on the defendant’s behalf or the lapse of 30 days from the receipt of such a request by the warden of the defendant’s facility, whichever is earlier” (18 U.S.C. § 3582(c)(1)(A)). Most people use the second route: deliver the request, count 30 days from the day the warden received it, then file — and if the warden denies it, a separate appeal path opens through the administrative remedy program at 28 C.F.R. §§ 542.13–542.15. How to write that request, what the Bureau does with it, and what a denial does and does not open up are covered on our page about the compassionate release request to warden.

Applied Insight — Christopher Zoukis, JD, MBA, Managing Director: Two things are worth doing in the first week, before anyone decides whether to hire a lawyer. First, get the request to the warden delivered and dated, so the 30 days start running while you are still gathering everything else. It costs nothing and the clock never restarts on its own. Second, ask for the complete Bureau medical file — not the sick-call summary a family can get over the phone, but the chronic care clinic notes, the consultation reports, the Care Level assignment, and the Activities of Daily Living assessment. Almost every one of these cases turns on documents that already exist inside the institution, and the single most common reason families lose months is that nobody asked for them early.

The Six Reasons a Federal Judge Can Act On

The Sentencing Commission wrote six categories into USSG § 1B1.13(b). A case can rest on one of them or on a combination — the policy statement says reasons may exist under any of them “or a combination thereof.”

  1. Terminal illness — “a serious and advanced illness with an end-of-life trajectory,” with metastatic solid-tumor cancer, ALS, end-stage organ disease, and advanced dementia named as examples. No specific life-expectancy prognosis is required (USSG § 1B1.13(b)(1)(A)). If a staff member tells you an eighteen-month prognosis is the test, that number comes from the Bureau’s old screening policy, Program Statement 5050.50, which Program Statement 5050.51 replaced on September 3, 2026 with the guideline’s end-of-life-trajectory wording (§ 4.a). Either version is the filter the Bureau uses to decide whether it will file, not the standard a sentencing judge applies.
  2. A serious medical, physical, functional, or cognitive condition, or decline from aging — one that “substantially diminishes the ability of the defendant to provide self-care within the environment of a correctional facility” and from which recovery is not expected. The real question is function: can this person still bathe, dress, move, eat, and get to pill line (§ 1B1.13(b)(1)(B)).
  3. Care that is not being provided — a condition needing long-term or specialized medical care that the person is not receiving, putting them at risk of serious deterioration or death. This one does not require that the illness be terminal or disabling (§ 1B1.13(b)(1)(C)). There is also a fourth medical path for an infectious-disease outbreak or declared public health emergency at the facility, at § 1B1.13(b)(1)(D).
  4. Age — at least 65 years old, and serious deterioration in physical or mental health because of aging, and at least 10 years or 75 percent of the sentence served, whichever is less. All three are required (§ 1B1.13(b)(2)). See compassionate release for elderly inmates.
  5. Family circumstances — the death or incapacitation of the person caring for the defendant’s minor child or disabled adult child; the incapacitation of a spouse or registered partner; the incapacitation of a parent; or the same situation involving another immediate family member, expressly including a grandchild, grandparent, or sibling. Except for the first, each requires that the defendant be the only available caregiver (§ 1B1.13(b)(3)). See caregiver compassionate release.
  6. Abuse suffered in custody — sexual abuse involving a “sexual act” as defined in 18 U.S.C. § 2246(2), or physical abuse causing serious bodily injury, committed by or at the direction of a correctional officer, a Bureau employee or contractor, or anyone else with custody or control (§ 1B1.13(b)(4)). See victims of sexual abuse lawyer.

There is also a catch-all at § 1B1.13(b)(5) for any other circumstance “similar in gravity” to those six, and a seventh printed category at § 1B1.13(b)(6) that the Supreme Court held partly invalid in 2026 — explained below.

One rule cuts across all of them. Good behavior in prison, by itself, is never enough: 28 U.S.C. § 994(t) says “[r]ehabilitation of the defendant alone shall not be considered an extraordinary and compelling reason.” It counts heavily in combination with something else, and in fiscal year 2025 it was the reason courts cited most often when they granted relief — always alongside another ground (USSC FY2025 Data Report, Table 10). Medical grounds carry more of these motions than anything else, and the proof problems there are specific enough to need their own treatment: see compassionate release medical condition.

Applied Insight — Elizabeth Franklin-Best, Esq., Principal Attorney: The hardest conversation in this practice is the gap between “this is devastating” and “this is extraordinary and compelling.” They are not the same standard. A family describes a parent who is frail, frightened, and far from home, and every word of it is true — and none of it, stated that way, matches a category in § 1B1.13(b). What we look for instead is the point where the situation stopped being ordinary hardship and became something the record can prove: the date the diagnosis changed, the date the caregiver died, the referral that was approved eleven months ago and never scheduled. A motion built on that is a different document from a motion built on how much the family is suffering, even when the underlying facts are identical.

Compassionate Release vs. Parole vs. Clemency vs. County Jail Relief

These four get confused constantly, and the confusion costs people time. They come from different laws, different officials decide them, and only one of them is a compassionate release motion.

RemedyWhat it isWho can request itWho decidesFederal prison or county jail?General grounds for relief
Compassionate releaseA court order under 18 U.S.C. § 3582(c)(1)(A) reducing a federal prison sentence already being served, often to time servedThe person serving the sentence, after asking the warden and waiting 30 days; or the Director of the Bureau of PrisonsThe U.S. District Court judge who imposed the sentenceFederal sentences only — but it follows the sentence, not the building. It reaches a federal prisoner housed in a contract county jail, because 18 U.S.C. § 3621(b) lets the Bureau designate any facility “whether maintained by the Federal Government or otherwise”The six categories in USSG § 1B1.13(b): terminal illness; serious medical, functional, or cognitive decline; untreated serious illness; age 65+ with deterioration plus 10 years or 75% served; family caregiving collapse; abuse by custodial staff — plus a “similar in gravity” catch-all
Federal paroleConditional early release supervised by a parole board. Abolished in the federal system by the Sentencing Reform Act of 1984 for offenses committed on or after November 1, 1987 (USSC Glossary)Only the shrinking group still covered: pre-November 1987 “old law” federal prisoners, D.C. Code offenders, and people transferred to the United States under a prisoner-transfer treaty (28 C.F.R. part 2, subparts A, B, and C)The U.S. Parole Commission, an agency inside the Department of Justice (justice.gov/uspc)Federal custody, and only for those categories. Not a county jail remedyWhether the person has substantially observed institution rules, whether release would depreciate the seriousness of the offense, and whether release would jeopardize the public welfare (USPC FAQ)
Clemency — commutationAn executive act shortening a federal sentence being served. The conviction standsAnyone serving a federal sentence, by petition. Petition forms are available from the wardens of federal institutions (28 C.F.R. § 1.1)The President, on a petition processed by the DOJ Office of the Pardon Attorney under 28 C.F.R. part 1. No judge is involvedFederal offenses only — the pardon power reaches “offenses against the United States” (U.S. Const. art. II, § 2). It cannot touch a state sentence, wherever the person is heldNo statutory checklist. The Department’s own rule says a commutation petition “should [not] be filed if other forms of judicial or administrative relief are available, except upon a showing of exceptional circumstances” (28 C.F.R. § 1.3)
Clemency — pardonAn executive act forgiving a federal conviction after the sentence is over. Not a way out of a sentence being servedA person with a federal conviction, ordinarily no earlier than five years after release from confinement; generally not while on probation, parole, or supervised release (28 C.F.R. § 1.2)The President, through the Office of the Pardon AttorneyFederal convictions only. Irrelevant to anyone currently in a county jail on a pending casePost-sentence conduct and the equities. There is no eligibility category and no deadline for a decision
County jail reliefNot one remedy at all. Which law applies depends on why the person is in that jail, not on the jailDepends: a federal defendant awaiting trial or sentencing files in the federal case; a person on a state case files in state court or with a state agencyFor a federal pretrial detainee, the federal judge or magistrate judge on the case; for a state matter, the state court or state corrections or parole agencyCounty jails hold a mix. A federal prisoner already sentenced and designated there by the Bureau is covered by § 3582(c)(1)(A). Anyone not yet sentenced federally, and anyone serving a state sentence, is notFor a federal pretrial detainee: reopening or reconsidering detention under 18 U.S.C. § 3142, including temporary release under § 3142(i) “for another compelling reason.” For a state case: a state bond motion, a state medical-release or medical-parole statute, or state clemency — all of which vary by state

There is no parole in the federal system

If your person was sentenced in federal court for conduct on or after November 1, 1987, there is no parole board to write to. The Sentencing Commission’s own glossary states it flatly: “In the federal system, parole was abolished with the passage of the Sentencing Reform Act of 1984 and does not apply to defendants sentenced for offenses committed on or after November 1, 1987” (USSC Glossary).

The U.S. Parole Commission still exists, and that is what confuses people. Its regulations describe the populations it still handles: U.S. Code prisoners and parolees under the old law, transfer-treaty prisoners, and D.C. Code prisoners and supervised releasees (28 C.F.R. part 2). For D.C. Code offenders the Commission applies D.C. parole law, not federal law (USPC FAQ). If none of those describes your case, the Commission has nothing to do with it, and compassionate release is one of the few mechanisms that does.

Compassionate release and county jail

This is where the most damaging misinformation lives, and it runs in both directions.

Being in a county jail does not disqualify a federal prisoner. The Bureau of Prisons “may designate any available penal or correctional facility that meets minimum standards of health and habitability established by the Bureau, whether maintained by the Federal Government or otherwise” (18 U.S.C. § 3621(b)). A federal prisoner can therefore be lawfully housed in a county facility under contract and remain a federal prisoner. If a federal judge imposed the sentence, § 3582(c)(1)(A) applies — the request simply goes to the warden of the facility where the person actually is.

Being in a county jail on a case that is not a federal sentence does disqualify. Section 3582(c) modifies “a term of imprisonment once it has been imposed.” If no federal sentence has been imposed yet, there is nothing for the statute to reduce. And if the sentence is a state sentence, § 3582 is the wrong law entirely; the Bureau’s own regulation confirms it has no authority even for state prisoners housed inside federal facilities (28 C.F.R. § 571.64).

So what is available instead? Three categories, named plainly, so you know which door to knock on:

  • A federal defendant awaiting trial or sentencing raises health and family emergencies in the criminal case itself, through the bail statute. A judicial officer “may, by subsequent order, permit the temporary release of the person … to the extent that the judicial officer determines such release to be necessary for preparation of the person’s defense or for another compelling reason” (18 U.S.C. § 3142(i)), and a detention hearing may be reopened when material new information appears (§ 3142(f)).
  • A person on a state charge has a state bond or bail motion, decided by the state court.
  • A person serving a state sentence has whatever medical-release, medical-parole, or geriatric-release program that state has enacted, plus that state’s clemency process. Every state is different, and none of them is § 3582(c)(1)(A).

We are a federal practice and do not handle state matters. Naming the category correctly is still the most useful thing we can do here, because the wrong filing in the wrong forum costs weeks that sick people do not have.

Applied Insight — Christopher Zoukis, JD, MBA, Managing Director: The building tells you almost nothing. I have seen families conclude their person is ineligible because the address on the mail is a county detention center, when the man is a designated federal inmate with a register number and a Bureau case manager, sitting in a contract facility because the Bureau put him there. I have also seen the reverse — a family spending months on a federal compassionate release theory for someone who has not yet been sentenced in federal court at all, and whose actual remedy was a motion in the pending case. The document that settles it is the judgment. If a U.S. District Court entered a judgment imposing a term of imprisonment, § 3582(c)(1)(A) is on the table. If it has not, it is not — yet.

What the Supreme Court Changed on May 28, 2026

On one day in May 2026 the Supreme Court decided two compassionate release cases and narrowed the statute in both. This matters to you specifically because a great deal of the advice still circulating online was written before that date and is now wrong. If you want the longer version, we cover both decisions in plain language on our page on rutherford v united states.

Rutherford v. United States, decided together with Carter v. United States, is about people serving sentences that would be shorter if they were sentenced today. Congress has changed some sentencing laws over the years without applying the change to people already sentenced. Until 2026, some courts treated that gap as an extraordinary and compelling reason. The Court said no: nonretroactive changes are “the norm,” and such a disparity “cannot make a prisoner eligible for compassionate release” — “considered by itself or in combination with other factors” (slip opinion, at 16).

That ruling struck at a specific guideline provision. In 2023 the Sentencing Commission had added an “Unusually Long Sentence” category at § 1B1.13(b)(6); the Court held it “invalid” to the extent it says otherwise. The provision is still printed in the current Guidelines Manual. If you look up the guideline, you will see a category the Supreme Court has held partly invalid, with nothing on the page to tell you so. Do not build a case on it.

Fernandez v. United States is about a different argument: that the conviction itself was wrong. The Court held that “[a] prisoner who collaterally attacks the validity of his conviction must proceed through 28 U.S.C. § 2255, not 18 U.S.C. § 3582” (slip opinion). The line it drew is between what happened at trial and what is happening now: “When a prisoner moves for compassionate release based on a terminal illness, his motion does not suggest that his conviction is invalid. But if a prisoner moves for relief because of alleged problems with the underlying criminal investigation or trial, his motion suggests that his conviction is flawed” (slip op. at 14–15). If the argument is that the jury got it wrong, the prosecutor hid evidence, or the lawyer failed, it belongs in a § 2255 motion — which carries a one-year deadline that § 3582 does not. If your argument is really about the conviction, our page on compassionate release vs 2255 explains where it belongs and how long you have.

What the Court did not decide

This part gets misreported constantly, so read it carefully. Rutherford did not hold that only “personal circumstances” can qualify. It expressly reserved the question: “We need not decide whether there are reasons beyond personal circumstances that could qualify as ‘extraordinary and compelling'” (slip op. at 10–11). It also declined to “nail down the precise boundaries” of the phrase (slip op. at 16). And a footnote states that the 2023 provision on abuse in custody “is not at issue in today’s cases” — § 1B1.13(b)(4) is untouched.

What the two decisions did do is move illness, decline, age, and family collapse back to the center. The Court described that heartland in its own words: “age, illness, a child left with no guardian” (Fernandez, slip op. at 13). If that describes your person, the 2026 decisions did not take anything away from you.

How Often Does This Actually Work?

Courts granted 394 of the 2,795 compassionate release motions decided in fiscal year 2025 — a 14.1% grant rate (USSC FY2025 Compassionate Release Data Report, Tables 2–3). Through the first half of fiscal year 2026 the rate was essentially unchanged at 14.0%, 125 of 894 (USSC FY2026 Q2 Data Report, Tables 2–3). The rate varies enormously by where the case was prosecuted — see the compassionate release grant rate.

That number deserves two honest qualifications, in both directions.

It is not a coin flip, and it is not hopeless. Roughly one in seven motions decided is granted. That is a real remedy, and it is the only one of its kind for someone who is dying in a federal prison.

And where the case was prosecuted matters more than most people realize. In fiscal year 2025 the Ninth Circuit granted 31.0% of these motions and the Eighth Circuit granted 4.9% — a more than sixfold spread on the same statute (USSC FY2025 Data Report, Table 3). Because the motion goes back to the sentencing court, that is fixed by where the case was prosecuted, not by where the person is imprisoned now. For what that looks like in one of the harder regions, see compassionate release texas.

The reasons motions fail are not mysterious. In fiscal year 2025 the most-cited reason for denial was the § 3553(a) sentencing factors — 1,260 citations, nearly a quarter of all denial reasons. Next came insufficient rehabilitation (524), no extraordinary and compelling reason offered at all (512), and failure to satisfy the warden-request requirement (447) (USSC FY2025 Data Report, Table 11). That last one is the painful one: several hundred motions a year are lost on a step that costs nothing but a piece of paper and 30 days. How judges weigh the sentencing factors on a sentence they imposed themselves is its own subject — see what do judges consider when sentencing.

What a Grant Looks Like, and How Long It Takes

“Release” does not always mean walking out that afternoon, and it helps to know the range before hopes attach to one picture. For the stage-by-stage timeline, see how long does compassionate release take.

Reduction to time served is the most common result: the judge cuts the sentence to what has already been served and orders release. Reduction to a shorter term is also common — twenty years to twelve, say — and the person stays in custody on the shorter sentence. And a judge who is uneasy about outright release can convert the unserved prison time into supervision: § 3582(c)(1)(A) expressly permits a court to “impose a term of probation or supervised release with or without conditions that does not exceed the unserved portion of the original term of imprisonment,” frequently with home detention or location monitoring attached. That is a court-imposed condition of supervision, not the Bureau’s own home confinement program.

Whatever the judge orders, the conviction stands. So do restitution, forfeiture, and fines, because the statute authorizes a court to reduce “the term of imprisonment” and nothing else. Immigration consequences are also untouched, which means a non-citizen may be transferred to immigration custody rather than to a home address. And the government can appeal a grant.

Timing. There is no deadline for a court to rule, and the honest answer is months, not weeks. The only enforceable clock in the whole process is the statutory 30 days after the warden receives the request. Two things can speed it up: in a documented terminal case the Bureau must process the request within 14 days (18 U.S.C. § 3582(d)(2)(A)(iv)), and 28 C.F.R. § 571.62(c) directs staff to expedite medical requests at every level. Courts will also expedite briefing when a condition is deteriorating — but only if someone asks and documents why. If the motion is denied, denial is ordinarily without prejudice to a later motion resting on changed circumstances; see understanding your options after a federal court denial.

What Proof a Judge Needs to See

A compassionate release motion is an evidence package, not a letter. The judge sentenced this person years ago and knows nothing about what has happened since. Everything that changed has to be proved on paper.

For a medical claim: the complete Bureau health record — chronic care clinic notes, consultation reports, imaging, labs, medication administration records — plus the institutional documents that describe function rather than diagnosis: the Care Level assignment, the Activities of Daily Living assessment, medical duty status and work restrictions, and any housing or assistive-device accommodations already granted. Where the claim is that care is not being provided, the proof is the gap itself: the referral never scheduled, the surgery approved and never performed, the specialist appointment postponed four times.

For a family claim: proof of both halves — that the caregiver is dead or incapacitated, and that no one else can step in. Death certificates, hospital records, custody or guardianship orders, and declarations from every relative who might be thought capable, explaining specifically why they cannot. “Other care available for a minor child” was cited 142 times as a denial reason in fiscal year 2025 (USSC FY2025 Data Report, Table 11).

For every claim: a release plan concrete enough to answer the danger finding — a named address with a letter from whoever owns or rents it, a confirmed medical provider, insurance or benefits coverage, income or family support, and transportation from the facility. 28 C.F.R. § 571.61(a) requires this at the Bureau stage, and judges expect it in the motion. Support letters help when they say what the writer will personally do; they do not help when they say the person is good.

Four Questions That Tell You Whether This Is Your Situation

You do not have to predict whether a motion will succeed. You only have to work out whether you are looking at the right mechanism at all. If the answer to any of them is no, our page on who is not eligible for compassionate release sets out what is available instead.

Is the sentence federal, and has it been imposed? If a U.S. District Court entered a judgment with a prison term, yes. If the case is still pending, or the sentence came from a state court, § 3582(c)(1)(A) is not the statute — see the county jail row in the table above.

Has something changed since sentencing? Compassionate release is for circumstances that arrived or worsened after the judge imposed the sentence: a diagnosis, a decline, a caregiver’s death, abuse in custody. If the whole argument is about what happened before or at sentencing, you are probably describing a § 2255 motion, a federal appeals matter, or a federal clemency petition instead — and note that the Department’s own regulation discourages a commutation petition while judicial relief is still available (28 C.F.R. § 1.3).

Can it be documented? Not “is it true” — “can a judge read it.” Every element has to be proved with records.

Has the request reached the warden? Nothing can happen in court until it has. Start that clock today, and put every ground in the request, because the courts of appeals disagree about whether a ground left out of the request can be raised later — the Seventh Circuit requires the match (United States v. Williams, 987 F.3d 700 (7th Cir. 2021)) and the Fourth Circuit does not (United States v. Ferguson, 55 F.4th 262 (4th Cir. 2022)).

For a side-by-side comparison of compassionate release against the Bureau’s other early-release routes — earned time credits, RDAP, halfway house and home confinement placement — see federal early-release options. Those programs come from the First Step Act and other statutes, are run by the Bureau rather than a court, and change when or where time is served rather than how long the sentence is; see First Step Act time credits and compassionate release first step act. For the deeper treatment of eligibility, evidence, and procedure, see our main federal compassionate release attorney page.

Why work with Elizabeth Franklin-Best, P.C.

Elizabeth Franklin-Best is the founder and Principal Attorney of Elizabeth Franklin-Best, P.C., a boutique firm devoted to federal criminal appeals and post-conviction relief. Over more than 20 years she has handled more than 330 federal proceedings, over 100 of them appeals, with sixteen published decisions as counsel of record. She is admitted to the U.S. Supreme Court and twelve of the thirteen U.S. Courts of Appeals — every regional circuit (1st–11th) plus the D.C. Circuit — and has appeared pro hac vice in federal courts from Montana to Florida. She is recognized by Best Lawyers in America 2026 for Appellate Practice and by Chambers USA 2026 for Litigation: White-Collar Crime & Government Investigations, and was named South Carolina Public Defender of the Year in 2010. She is the author of Reversing Your Criminal Conviction: Develop Your Winning Strategy (2023) and serves as Board Chair of Justice 360.

Christopher Zoukis, JD, MBA, is the firm’s Managing Director and a nationally recognized federal prison expert. He is the author of the Federal Prison Handbook, Directory of Federal Prisons, Prison Education Guide, and College for Convicts, and serves as Chairman of the Board of the Human Rights Defense Center. He has been quoted as a federal prison expert by outlets including CNN, the Associated Press, and The Washington Post. He earned his J.D. at the University of California, Davis School of Law after serving roughly a decade in the federal Bureau of Prisons, where he became an award-winning incarcerated journalist — a combination of formal training and firsthand knowledge that few in federal defense can offer.

The firm runs a national federal practice on an intentionally small caseload, from offices in Columbia and Mount Pleasant, South Carolina. Because a compassionate release motion is filed in the district that imposed the sentence, these cases are handled wherever in the country that court sits. Christopher Zoukis leads the firm’s prison consulting work — designation, sentence computation, medical-care advocacy, First Step Act credits, and reentry planning. The legal work on any motion, brief, or appeal is handled by Elizabeth Franklin-Best and the firm’s attorneys.

Talk to a federal compassionate release lawyer

If someone you love is seriously ill, declining with age, or the only person who can care for a child, the useful next step is not more reading. It is a look at the actual record — the judgment, the medical file, the district, the judge, and how much of the sentence has been served.

Call (843) 620-1100 or schedule a consultation directly. We handle federal compassionate release motions in district courts nationwide.

Frequently Asked Questions About How Compassionate Release Works

What is compassionate release in federal court?

Compassionate release is a reduction of a federal prison sentence ordered by the U.S. District Court judge who imposed it, under 18 U.S.C. § 3582(c)(1)(A). The judge must find extraordinary and compelling reasons, that the person is not a danger, and that the sentencing factors in § 3553(a) still support release. The conviction is unaffected.

Who can ask for compassionate release?

Two parties can file the motion: the person serving the federal sentence, or the Director of the Bureau of Prisons (18 U.S.C. § 3582(c)(1)(A)). Family members cannot file the court motion, but they can prepare and submit the request to the warden. In fiscal year 2025, 369 of the 394 granted motions were defendant-filed (USSC FY2025 Data Report, Table 5).

What reasons can qualify for compassionate release?

Six categories appear in USSG § 1B1.13(b): terminal illness; a serious medical, functional, or cognitive condition that prevents self-care in prison; a serious illness that is not being treated; age 65 or older with aging-related deterioration plus 10 years or 75% served; family caregiving collapse; and abuse by custodial staff. A catch-all at § 1B1.13(b)(5) covers other reasons “similar in gravity.”

How is compassionate release different from a sentence reduction or pardon?

Compassionate release is one kind of sentence reduction — the kind based on extraordinary and compelling reasons that arose after sentencing. Other reductions rest on different laws, such as a retroactive guideline amendment under § 3582(c)(2). A pardon is different in kind: it comes from the President, not a judge, and 28 C.F.R. § 1.2 contemplates it only after the sentence is finished.

Does compassionate release apply to federal prison only?

Yes. Section 3582(c)(1)(A) reduces federal sentences, and every state runs its own separate program, usually called medical parole, medical release, or geriatric release. The Bureau of Prisons has no authority even for state prisoners housed inside federal facilities (28 C.F.R. § 571.64).

Can someone in county jail get compassionate release?

It depends on why they are there, not on the building. A federal prisoner already sentenced and designated by the Bureau to a contract county facility is covered, because 18 U.S.C. § 3621(b) permits designation to a non-federal facility. Someone awaiting federal trial has no imposed sentence to reduce and instead seeks release under 18 U.S.C. § 3142. Someone on a state case uses state procedures.

What role does the BOP play in compassionate release?

The Bureau receives the first request and decides whether to file a motion itself. It also controls the records the motion depends on, and under 28 C.F.R. § 571.62 routes the request through General Counsel and the Director. If the Bureau says no or says nothing for 30 days, the person may go to court directly — which is what happens in the overwhelming majority of granted cases.

Do I have to ask the warden before filing for compassionate release?

Yes. A court may act only after the person has fully exhausted the Bureau’s administrative appeals or 30 days have passed since the warden received the request, whichever is earlier. Courts treat this as a mandatory claim-processing rule the government can enforce (United States v. Alam, 960 F.3d 831 (6th Cir. 2020)), and failure to satisfy it was cited 447 times as a denial reason in fiscal year 2025 (USSC FY2025 Data Report, Table 11).

Can compassionate release be used for medical, age, or family reasons?

Yes — those are the three main paths, and together they describe what the Supreme Court called the statute’s heartland: “age, illness, a child left with no guardian” (Fernandez (2026), slip op. at 13). Medical grounds appear in § 1B1.13(b)(1), age in § 1B1.13(b)(2), and family circumstances in § 1B1.13(b)(3). Each has its own required elements.

Reviewed for legal accuracy by Elizabeth Franklin-Best, Esq., Principal Attorney·September 2026

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