Compassionate Release/Reduction in Sentence Procedures

By Elizabeth Franklin-Best, Esq., and Christopher Zoukis, JD, MBA

Program Statement 5050.51 at a glance

Field	Value
Program Statement	5050.51
Subject	Compassionate Release/Reduction in Sentence Procedures
Effective / current edition date	September 3, 2026, approved by Director William K. Marshall III
Change notice	None — the September 3, 2026 edition carries no change notice in its header block
Supersedes / rescinds	PS 5050.50, Compassionate Release/Reduction in Sentence: Procedures for Implementation of 18 U.S.C. §§ 3582(c)(1)(A) and 4205(g) (January 17, 2019), which had itself rescinded P5050.49 CN-1
Governing statute	18 U.S.C. § 3582(c)(1)(A); 18 U.S.C. § 4205(g), repealed effective November 1, 1987 but still controlling for offenses committed before that date; D.C. Code § 24-403.04 for D.C. Code felony offenders (PS 5050.51 § 8)
Governing regulation (28 C.F.R.)	§§ 571.60–571.64 — part 571, subpart G
Related BP forms	BP-A0192, Release of Information Consent — the only BP form PS 5050.51 names (§ 4.a and References). The Bureau does not post it publicly, so ask the unit team for it. PS 5050.50 also named BP-A0339, CIM Case Information Summary; PS 5050.51 no longer lists it in the referral packet.
Official PDF	Program Statement 5050.51 (16 pp.)

Checked against the BOP policy set · 2026-09-19.

Program Statement 5050.51, issued September 3, 2026 to replace PS 5050.50, is the Bureau of Prisons’ internal instruction for deciding when the Bureau itself will ask a sentencing court to cut a prison term short — what the Bureau calls a “reduction in sentence,” or RIS, and what everyone else calls compassionate release. It sets out the medical, age and abuse-in-custody circumstances the Bureau will consider — and, for the first time, criteria for D.C. Code offenders and a route for people in residential reentry centers or on home confinement — along with the documents a warden must collect and who inside the agency signs off. It no longer lists family-caregiver circumstances.

It is not the rule a federal judge applies. Since the First Step Act took effect on December 21, 2018, a defendant may file a motion directly with the sentencing court, and the court decides that motion under 18 U.S.C. § 3582(c)(1)(A) and the Sentencing Commission’s policy statement — not under this Program Statement. If your question is whether a particular set of facts is worth taking to a judge, that belongs on our federal compassionate release attorney page, which covers the court-facing standard, the exhaustion step, and what a motion has to prove. This page covers the other half: what the Bureau’s own policy says, what it directs staff to do, and where that process goes wrong.

The rule itself: the reduction-in-sentence criteria in PS 5050.51

The heart of this Program Statement is its enumerated list of circumstances in which the Bureau will consider filing an RIS motion. The Bureau splits them into medical circumstances (Section 4, which now includes elderly people with medical conditions), age-based circumstances (Section 5), abuse in custody (Sections 6 and 7) and D.C. Code offenders (Section 8), then applies a common set of factors from Section 9 to all of them. Everything quoted below is reproduced from PS 5050.51 itself.

Read the verbs. Every category says RIS consideration “may” be given, or that the criteria “may include” a circumstance — never that the Bureau must file. That wording is doing work: a warden who declines to refer a request has not violated the policy.

Section 4 — Requests based on medical circumstances

Category	What the Program Statement states
a. Terminal Medical Condition	“RIS consideration may be given to inmates in custody who have been diagnosed with a terminal, incurable disease (i.e., a serious and advanced illness with an end-of-life trajectory) as determined pursuant to the Compassionate Release Clinical Guidance issued by the Medical Director located on the Health Services Division (HSD) page of the Bureau’s intranet site.”
Terminal — what the Bureau weighs	“The Bureau’s consideration will include assessment of the primary (terminal) disease, prognosis, survival rate, impact of other serious medical conditions of the inmate, and degree of functional impairment if any.”
Terminal — functional impairment	“Functional impairment (e.g., limitations on Activities of Daily Living such as feeding and dressing oneself, and Instrumental Activities of Daily Living such as using the phone and computer) may be a factor when considering the inmate’s terminal prognosis or survival rate, as well as a factor in assessing the inmate’s ability to re-offend.”
b. Debilitated Medical Condition	“RIS consideration may also be given to an inmate who is suffering from: (i) a serious physical or medical condition; or (ii) a serious functional or cognitive impairment; from which the inmate is not expected to recover, and which substantially diminishes the inmate’s ability to provide self-care within the correctional environment.”
Debilitated — how it is judged	The determination “will be made pursuant to the Compassionate Release Clinical Guidance located on the HSD page of the Bureau’s intranet site, and will involve consideration of the primary disease, impact of other serious medical conditions of the individual, and degree of functional impairment.”
c. Elderly Inmates with Medical Conditions	“RIS consideration may be given to individuals who are 65 and older, have served the lesser of 10 years or 75 percent of their term of imprisonment, and are experiencing serious deterioration in physical or mental health because of the aging process, as determined pursuant to the Compassionate Release Clinical Guidance located on the HSD page of the Bureau’s intranet site.”
d. Infectious Disease	“RIS consideration may be given to inmates housed at a correctional facility affected or at imminent risk of being affected by either an ongoing and extraordinary outbreak of infectious disease or a public health emergency declared by an appropriate federal, state, or local authority, and such risk cannot be mitigated in a timely or adequate manner.” The Clinical Director must also determine that the person “is at increased risk of suffering severe medical complications or death due to current personal medical risk factors.”
e. Other Extraordinary Medical Circumstances	“RIS consideration may be given to an inmate suffering from a medical condition requiring long-term or specialized medical care that cannot be provided in the Bureau without undue hardship, prohibitive costs, or significant disruption to the safe and orderly running of the institution, and without which the inmate is at risk of serious deterioration in health or death.”

Source: PS 5050.51 § 4, pp. 4–6.

The Program Statement also carries the notification duties the First Step Act added to the statute. On a terminal diagnosis the Bureau is directed to notify the person’s “attorney, partner, and family members” within 72 hours, offer an in-person visit within 7 days, help prepare a request on request, and “not later than 14 days after receipt of a request … process the request.” The Program Statement adds that “[t]he statutory time frames of section 3582(d)(2)(A) begin once the Clinical Director of an institution makes a terminal diagnosis,” that the Clinical Director tells the Warden and Unit Manager “within 24 hours of the diagnosis,” and that the Warden forwards the referral information “to the Office of General Counsel within 14 days” (PS 5050.51 § 4.a, pp. 4–5). Those duties are statutory, not merely internal — they appear in 18 U.S.C. § 3582(d)(2).

Section 5 — Age-based circumstances: elderly inmates

Category	The criteria as stated in the Program Statement
“New Law” Elderly Inmates	“Inmates sentenced for an offense occurring on or after November 1, 1987 (e.g., ‘new law’), who are age 70 years or older and have served 30 years or more of their term of imprisonment.”
“Old Law” Elderly Inmates	“Inmates sentenced for an offense occurring before November 1, 1987 … who are age 70 years or older and have served 30 years or more of their term of imprisonment. An inmate is ineligible for consideration under this criterion if they are already parole-eligible (i.e., have had at least one parole hearing) or are serving a non-parolable sentence.”
Elderly with medical conditions	Now a medical category, § 4.c (above): 65 or older, the lesser of 10 years or 75 percent of the term served, and serious deterioration in physical or mental health because of the aging process.
What PS 5050.51 no longer contains	PS 5050.50’s “Other Elderly Inmates” category (65 or older with “the greater of 10 years or 75%” served), its 50-percent time-served test for elderly inmates with medical conditions, the separate reoffense factors for that category, and the carve-out for people who were 60 or older at sentencing on an offense listed in the Categorization of Offenses Program Statement. Age and health at the time of the offense and sentencing now appear among the § 9 factors.

Source: PS 5050.51 §§ 4.c and 5, p. 6, and Summary of Changes, p. 1. The former carve-out pointed to the Categorization of Offenses Program Statement, now PS 5162.07 (September 3, 2026).

These are the Bureau’s own numbers, not Congress’s. The statute’s age-70 route, 18 U.S.C. § 3582(c)(1)(A)(ii), requires 30 years served on a sentence “imposed under section 3559(c)” — the federal three-strikes provision. The Bureau’s § 5 categories carry no such limitation. PS 5050.50 said so in a footnote; PS 5050.51 drops the footnote but keeps the difference. And every medical judgment in § 4, including the aging-deterioration test in § 4.c, is made under the Medical Director’s “Compassionate Release Clinical Guidance,” an intranet document the Program Statement does not print.

Sections 6–8 — Abuse in custody and D.C. Code offenders

Category	The criteria as stated in the Program Statement
§ 6 — Sexual abuse	“The criteria for a RIS may include inmates who, while in custody for their current offense of conviction, were victims of substantiated sexual abuse that was committed by, or at the direction of, a Bureau employee, contractor, or volunteer.”
§ 7 — Physical abuse	The same, for “victims of substantiated physical abuse resulting in serious bodily injury, where the physical abuse was committed by, or at the direction of, a Bureau employee, contractor, or volunteer.”
§§ 6–7 — “Substantiated”	Abuse is substantiated by “a conviction in a criminal case, an administrative finding of misconduct, or a finding or admission of liability in a civil case”; findings by other law enforcement agencies “may be considered where appropriate.” Wardens “will refer all such requests to the Office of General Counsel for processing.”
§ 8 — D.C. Code offenders: who may move	“D.C. Code § 24-403.04 provides the Bureau Director, or the inmate, may file a motion for a reduction of sentence.” Bureau staff “will follow the procedures laid out in this program statement” and assess the request under the § 9 factors. (The statute also lets the U.S. Attorney’s Office for the District of Columbia and the U.S. Parole Commission bring the motion.)
§ 8.a–b — Terminal or debilitated	A D.C. Code offender “diagnosed with a terminal disease or condition,” or “with a debilitating medical condition involving an incurable illness, or a debilitating injury from which the offender will not recover.”
§ 8.c — Elderly with medical conditions	“Age 60 or older”; “Has served the lesser of 15 years or 75% of the sentence imposed”; and “Suffers from a chronic or serious medical condition related to the aging process, or that causes an acute vulnerability to severe medical complications or death as a result of COVID-19.”
§ 8.d — Age	“RIS consideration may be given to a D.C. Code offender who is 60 years of age or older and has served at least 20 years of the sentence imposed.”

Source: PS 5050.51 §§ 6–8, pp. 7–9.

What PS 5050.51 dropped: family caregivers

PS 5050.50 had two family-caregiver categories: the death or incapacitation of the family member caregiver of an inmate’s minor child (its Section 5), and the incapacitation of a spouse or registered partner for whom the inmate would be the only available caregiver (its Section 6). Each came with a two-stage warden review and its own list of required documents. PS 5050.51 “[e]liminates RIS criteria” for both, along with the non-medical elderly category (Summary of Changes, p. 1). Its D.C. Code section also leaves out the caregiver grounds listed in D.C. Code § 24-403.04(a)(3)(C)–(D). The Bureau will no longer treat a caregiver crisis as a reason to file its own motion.

That does not end a caregiver claim in court. A judge deciding a defendant-filed motion applies USSG § 1B1.13, and § 1B1.13(b)(3) still lists the death or incapacitation of the caregiver of the defendant’s minor child (or of an adult child who cannot care for themselves), the incapacitation of a spouse, registered partner or parent when the defendant would be the only available caregiver, and similar circumstances involving another immediate family member. The request to the warden still matters, because the warden’s receipt starts the 30-day period in 18 U.S.C. § 3582(c)(1)(A). See our page on caregiver and family circumstances. The rescinded caregiver criteria are reproduced, for reference, in the PS 5050.50 text at the end of this page.

Section 9 — The factors applied to every request

The Program Statement directs that “[f]or all RIS requests, the following factors must be considered”:

• Nature and circumstances of the inmate’s offense.
• Criminal history.
• Comments from victims.
• Unresolved detainers and pending charges.
• Supervised release violations or similar (e.g., state probation violations).
• Institutional adjustment (e.g., work and programming history, mental health, participation in Financial Responsibility Program, other efforts toward rehabilitation).
• Disciplinary infractions.
• Personal history derived from the Presentence Investigation Report.
• Length of sentence and amount of time served.
• Inmate’s current age.
• Inmate’s age and health conditions at the time of the offense and sentencing.
• Inmate’s release plans (employment, medical, financial).
• Any pertinent statement, order, or ruling by the sentencing court, including any extent to which the court accounted for the inmate’s age and/or health condition(s) in imposing the sentence.
• Whether release would minimize the severity of the offense.

The Program Statement then adds: “When reviewing RIS requests, these factors are neither exclusive nor weighted. These factors will be considered to assess whether the RIS request presents extraordinary and compelling circumstances. Overall, for each RIS request, the Bureau will consider whether the inmate’s release would pose a danger to the safety of any other person or the community.” The 2019 edition asked whether a request presented “particularly” extraordinary and compelling circumstances; that word is gone from this passage.

Source: PS 5050.51 § 9, pp. 9–10.

Who signs off, and what a denial means

Here the regulation, not the policy, is what binds the Bureau, and it is short. Under 28 C.F.R. § 571.62, the Bureau makes a motion “only after review of the request by the Warden, the General Counsel, and either the Medical Director for medical referrals or the Assistant Director, Correctional Programs Division for non-medical referrals, and with the approval of the Director, Bureau of Prisons.” If the sentencing court grants the motion, “the Warden of the institution where the inmate is confined shall release the inmate forthwith.”

On the way down, 28 C.F.R. § 571.63 draws a line that surprises people. A warden’s denial can be appealed through the Administrative Remedy Program. A denial by the General Counsel or the Director “constitutes a final administrative decision,” and “an inmate may not appeal the denial through the Administrative Remedy Procedure.” The Director must give written notice and reasons “within 20 workdays after receipt of the referral from the Office of General Counsel.”

PS 5050.51 adds steps between the warden and the Director. The warden’s referral must now include the Statement of Reasons with the judgment, an account of efforts to resolve any detainer or pending charge that cannot be cleared, and victim-notification records; in all but terminal cases the warden “should wait a minimum of 30 days after sending victim notifications before referring the case.” The General Counsel now also “will solicit the opinion of the United States Attorney in the district in which the inmate was sentenced,” and the Director’s final decision is “subject to the general supervision and direction of the Attorney General and Deputy Attorney General” (PS 5050.51 § 10, pp. 10–11).

What the BOP compassionate release policy means for you

If you are the person inside: the request to the warden

Your request goes to the Warden, in writing, and under 28 C.F.R. § 571.61 it must contain at minimum two things: “[t]he extraordinary or compelling circumstances that the inmate believes warrant consideration” and “[p]roposed release plans, including where the inmate will reside, how the inmate will support himself/herself, and, if the basis for the request involves the inmate’s health, information on where the inmate will receive medical treatment, and how the inmate will pay for such treatment.” The release plan is not decoration: the warden’s referral must show release plans that include, “at a minimum, a place of residence and the method of financial support” (PS 5050.51 § 10, p. 11).

Date-stamp everything. PS 5050.51 § 3 states that “[a] request for a RIS is considered ‘submitted’ for the purposes of 18 U.S.C. § 3582(c)(1), when received by the Warden” — and that receipt date starts the 30-day period in 18 U.S.C. § 3582(c)(1)(A) after which a defendant may go to court without waiting for the Bureau. Submit through a channel that generates a record: a written Inmate Request to Staff (BP-A0148) with a copy kept, or counsel’s letter to the warden sent by a trackable method.

Someone in a residential reentry center or on home confinement can now ask too. For those requests “Warden” includes the Residential Reentry Manager, the request goes to the Residential Reentry Management Office responsible for the area, and it “must address why RIS is appropriate notwithstanding the inmate’s placement in prerelease custody.” Someone serving a federal sentence in state custody sends the request to the Regional Director for the region where the state institution is located (PS 5050.51 § 3, p. 3).

If you are a family member: filing on someone’s behalf

You can file the request yourself. 28 C.F.R. § 571.61(b) says the Bureau “processes a request made by another person on behalf of an inmate in the same manner as an inmate’s request,” and directs that a request landing at Central Office be referred to the warden of the institution where the person is confined. In a terminal-diagnosis case the statute goes further and directs the Bureau to tell the attorney, partner and family members that they may prepare and submit a request on the defendant’s behalf.

What you can add that nobody inside can is documentation from the free world: treating-physician records for an incapacitated caregiver, a certified death certificate, a birth certificate, a letter from whoever will provide housing, proof of insurance or a hospice intake. PS 5050.51 no longer lists caregiver grounds, so caregiver records now serve the court motion under USSG § 1B1.13(b)(3), not a Bureau motion. Gather it before the request goes in, not after a denial. If the person inside is medically or cognitively unable to sign, say so in the letter — 18 U.S.C. § 3582(d)(2)(B) directs staff to accept and process a request submitted on their behalf in exactly that situation. Expect the process to be slow and expect to have to ask twice.

If you are counsel: a compassionate release request

Treat the warden request as a clock-starter and a record-builder, not as the merits vehicle. The 30-day lapse in § 3582(c)(1)(A) runs from the warden’s receipt, so the date of receipt is a fact you want provable on paper. Build the medical record while the request is pending: the Bureau’s own referral standard at PS 5050.51 § 10, p. 10 calls for “a Comprehensive Medical Summary by the attending physician, which must also include an estimate of life expectancy, and all relevant test results, consultations, and referral reports/opinions” — the same records a court filing needs regardless of what the Bureau does.

Two operational details from the Program Statement are worth knowing. Staff “at any level may not contact the sentencing judge or solicit the judge’s opinion through other officers of the court” while a request is pending, so there is no informal judicial channel to use. And “[a]ll detainers, pending charges, and holds should be resolved prior to the Warden’s submission of a case,” which makes an unresolved detainer a common — and often fixable — reason a referral stalls at the institution.

What changed: the First Step Act, the 2023 guideline and PS 5050.51

The Program Statement was first rewritten to implement the First Step Act. PS 5050.50, the January 17, 2019 edition, rescinded P5050.49 CN-1 and added, in the Bureau’s own summary at its page 3, the “[r]equirements of section 603(b) of the First Step Act, codified at 18 USC § 3582”: requiring that people in custody be informed a reduction in sentence exists and how to ask for one; modifying the definition of “terminally ill”; requiring notice and assistance for terminally ill and for debilitated people; requiring that requests from terminally ill people be processed within 14 days; and “[s]pecifying inmates may file directly to court after exhaustion of administrative remedies, or 30 days from receipt of a request by the Warden’s Office.”

That last change is the one that matters most, and the regulation never caught up. 28 C.F.R. part 571, subpart G still reads as a BOP-motion-only procedure. Its last substantive amendments were published at 78 FR 13479 (Feb. 28, 2013) and 78 FR 73084 (Dec. 5, 2013) — five years before the First Step Act. Nothing in § 571.63 tells a reader that a court motion is available; the Program Statement supplies that in its implementing text. The regulation is stale on the single most consequential point in the whole area, and the Program Statement is where the current route is written down.

The Sentencing Commission rewrote the court-side rule in 2023. Effective November 1, 2023, Amendment 814 comprehensively revised USSG § 1B1.13, the policy statement governing what a court may treat as “extraordinary and compelling.” The amended guideline now applies on its face to a motion filed by “the Director of the Bureau of Prisons or the defendant,” and it broadened the categories well past what PS 5050.50 listed — adding, among others, a defendant “suffering from a medical condition that requires long-term or specialized medical care that is not being provided,” an infectious-disease-outbreak provision, an age category at 65 with 10 years or 75 percent served, a victim-of-abuse-in-custody category, a catch-all for circumstances “similar in gravity,” and an “unusually long sentence” provision at § 1B1.13(b)(6). It also states that “an extraordinary and compelling reason need not have been unforeseen at the time of sentencing.” U.S. Sent’g Comm’n, Guidelines Manual § 1B1.13 (Nov. 2025). Compare the Program Statement, which still quotes 28 C.F.R. § 571.60 framing the Bureau’s use of the statute around circumstances “which could not reasonably have been foreseen by the court at the time of sentencing” (PS 5050.51 § 1, p. 2).

PS 5050.51, issued September 3, 2026, moves the Bureau’s own categories partway to the amended guideline. Its Summary of Changes says it “[m]odifies categories of RIS-eligible individuals convicted of offenses under the U.S. Code, pursuant to U.S.S.G. § 1B1.13 (Nov. 1, 2023).” It adopts the guideline’s terminal-illness and self-care language (§ 4.a–b), its age category (§ 4.c), an infectious-disease category (§ 4.d), a long-term or specialized care category framed around what the Bureau can provide “without undue hardship, prohibitive costs, or significant disruption” (§ 4.e), and the abuse-in-custody grounds (§§ 6–7). It adds D.C. Code offender criteria (§ 8) and lets people in residential reentry centers and on home confinement make requests (§ 3). It does not adopt the guideline’s family-circumstances grounds, its catch-all for circumstances “similar in gravity,” or its unusually-long-sentence provision, and it eliminated the caregiver categories the Bureau used to have. For those grounds, only a defendant-filed motion reaches the court.

In May 2026 the Supreme Court cut one of those categories back. In Rutherford v. United States, Nos. 24–820 & 24–860, 608 U.S. ___ (May 28, 2026), the Court held that “[w]hen Congress declines to make a sentencing amendment retroactive … the resulting sentencing disparity cannot serve as an ‘extraordinary and compelling’ reason that warrants a sentence reduction under 18 U.S.C. §3582(c)(1)(A)(i),” and added that “[t]o the extent that the Commission’s policy statement counsels otherwise, it is invalid” (opinion). The same day, in Fernandez v. United States, No. 24–556, 608 U.S. ___ (May 28, 2026), 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” (opinion). Neither decision touches the medical, age or family categories, and neither changes the Bureau’s own policy, which never contained either theory. What these decisions mean for a particular motion is a question for counsel — see our federal compassionate release attorney page.

Where people get stuck before the 30-day clock starts

The request never becomes a “submission”

The 30-day period in § 3582(c)(1)(A) runs from “receipt of such a request by the warden of the defendant’s facility.” A request handed to a counselor, mentioned at program review or emailed to a case manager is not obviously a request received by the warden, and the government will say so. Route it in writing, addressed to the Warden, and keep proof. A written Inmate Request to Staff with a retained copy, or a letter from counsel sent by certified mail or through the institution’s legal-mail channel, both create the record. If staff refuse to accept it, the refusal is itself the subject of an informal resolution attempt and then a BP-9 under 28 C.F.R. § 542.14, which must be filed within 20 calendar days of the date the basis for the request occurred.

A General Counsel or Director denial closes the administrative door

People routinely file a BP-9 after a Central Office denial and lose months waiting for a merits response that will never come. 28 C.F.R. § 571.63(d) is explicit: because a General Counsel or Director denial “constitutes a final administrative decision, an inmate may not appeal the denial through the Administrative Remedy Procedure.” A warden’s denial is different — § 571.63(a) routes that one into the Administrative Remedy Program, with 20 calendar days to file the BP-9, 20 more for a BP-10 under § 542.15 and 30 for a BP-11. Read the denial letter carefully and identify who signed it before spending a deadline.

Waiting on the Bureau instead of using the 30 days

If the warden simply does not answer, the statute does not require an answer. Section 3582(c)(1)(A) permits a defendant to go to court on “the lapse of 30 days from the receipt of such a request by the warden of the defendant’s facility, whichever is earlier,” and PS 5050.51 says the same in Section 11 (p. 13). There is no rule that a person must exhaust all the way to the Director first. Waiting longer than 30 days in the hope of a Bureau motion is, in a medical case, an expensive choice — the Bureau files few motions, and the underlying condition does not pause.

Medical documentation stops at the institution wall

The Bureau’s referral standard calls for a comprehensive medical summary including a life-expectancy estimate, and institution clinical staff are often unwilling to produce one. Two routes run in parallel. Escalate the clinical question through Patient Care and, where the placement itself is the problem, Medical Designations and Care Levels. Separately, request the medical file itself, which is a records question governed by PS 1351.05. A court motion can be built on records you obtain directly, without the Bureau’s own summary.

Related BOP policy on compassionate release

Page	What it covers
Federal compassionate release attorney	The court-facing side: the § 3582(c)(1)(A) standard, exhaustion, what a motion has to prove, and how the firm builds one
Administrative Remedy Program (PS 1330.18)	The BP-8 → BP-9 → BP-10 → BP-11 route and its deadlines
Inmate Request to Staff (PS 5511.08)	The cop-out, BP-A0148 — how a written request gets on the record
Petition for Commutation of Sentence (PS 1335.01)	The clemency route, which is separate from and independent of an RIS request
Management of Aging Offenders (PS 5241.01)	How the Bureau manages older people in custody, including the medical side of the elderly categories
Patient Care (PS 6031.06)	Clinical care standards, chronic care, and the records a medical claim is built from
Medical Designations and Care Levels (PS 6270.02)	Care-level assignment and medical redesignation
Categorization of Offenses (PS 5162.07)	The offense list behind the elderly carve-out in rescinded PS 5050.50; PS 5050.51 still names it among its references
FOIA and Privacy Act Requests (PS 1351.05)	How to get the medical file, the central file, and PSR-related records

Frequently Asked Questions About BOP Compassionate Release Procedure

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Program Statement 5050.51 — full text

The text below is the Bureau of Prisons’ own. Program Statement 5050.51 is reproduced here in full from the PDF the agency publishes: bop.gov/policy/progstat/5050_051.pdf. Wording and spelling are the Bureau’s; the page-footer lines mark where each PDF page ends.

U.S. DEPARTMENT OF JUSTICE Federal Bureau of Prisons

Program Statement

Compassionate Release/Reduction in Sentence Procedures

Approved by William K. Marshall III, Director, Federal Bureau of Prisons

DPI OGC

Number 5050.51

Date September 3, 2026

Summary Of Changes

Policy Rescinded:

• Program Statement 5050.50, Compassionate Release/Reduction in Sentence: Procedures for Implementation of 18 U.S.C. §§ 3582(c)(1)(A) and 4205(g)

Changes:

• Specifies inmates in residential reentry centers (RRC) and on home confinement are eligible for reduction in sentence (RIS) consideration.
• Incorporates D.C. Code offender RIS criteria, pursuant to D.C. Code § 24-403.04.
• Modifies categories of RIS-eligible individuals convicted of offenses under the U.S. Code, pursuant to U.S.S.G. § 1B1.13 (Nov. 1, 2023).
• Eliminates RIS criteria for the following categories: child caregiver, spouse/registered partner caregiver, and elderly inmates who had served a specified portion of their terms of imprisonment.
• Amends criteria to consider in all RIS requests (section 9) and components of the Warden’s referral (section 10).

1. PURPOSE AND SCOPE

The purpose of this policy is to establish the Federal Bureau of Prisons’ (Bureau) procedures and criteria for compassionate release requests submitted pursuant to 18 U.S.C. §§ 3582 or 4205(g), or D.C. Code § 24-403.04. For purposes of this programs statement, the terms “compassionate release,” “reduction in sentence,” and “RIS” are used interchangeably.

5050.51 9/3/2026 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 1

§ 571.60 Purpose and scope.

Under 18 U.S.C. 4205(g), a sentencing court, on motion of the Bureau of Prisons, may make an inmate with a minimum term sentence immediately eligible for parole by reducing the minimum term of the sentence to time served. Under 18 U.S.C. 3582(c)(1)(A), a sentencing court, on motion of the Director of the Bureau of Prisons, may reduce the term of imprisonment of an inmate sentenced under the Comprehensive Crime Control Act of 1984.

The Bureau uses 18 U.S.C. 4205(g) and 18 U.S.C. 3582(c)(1)(A) in particularly extraordinary or compelling circumstances which could not reasonably have been foreseen by the court at the time of sentencing.

§ 572.40 Compassionate release under 18 U.S.C. 4205(g).

18 U.S.C. 4205(g) was repealed effective November 1, 1987, but remains the controlling law for inmates whose offenses occurred prior to that date. For inmates whose offenses occurred on or after November 1, 1987, the applicable statute is 18 U.S.C. 3582(c)(1)(A). Procedures for compassionate release of an inmate under either provision are contained in 28 CFR part 571, subpart G.

a. Program Objectives.

• Inmates, Bureau staff, and the public will be informed of the procedures and criteria for requesting compassionate release.
• Ensure a request for a RIS will be made to the sentencing court only in extraordinary and compelling circumstances.
• Ensure the public is protected from undue risk by careful review of each compassionate release request.

b. Institution Supplement. None.

2. NOTIFICATION REQUIREMENTS

Under 18 U.S.C. § 3582(d)(2)(C), the Bureau ensures that all facilities regularly and visibly post, including in inmate handbooks, staff training materials, facility law libraries, and medical and hospice facilities, and make available to inmates upon demand, notice of an inmate’s ability to request a sentence reduction pursuant to 18 U.S.C. §§ 3582 or 4205(g), or D.C. Code § 24-403.04, as well as the procedures and timelines for doing so.

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The Institution RIS Coordinator (IRC) is responsible for ensuring RIS information and institution RIS procedures are included in the facility’s Admissions and Orientation (A&O) handbook, and are posted in other locations where such information would normally be seen (e.g., inmate bulletin boards in Education or Health Services). A copy of this program statement will be included in the materials available in the electronic law library.

3. § 571.61 Initiation of request – extraordinary or compelling circumstances.

(a) A request for a motion under 18 U.S.C. 4205(g) or 3582(c)(1)(A) shall be submitted to the Warden. Ordinarily, the request shall be in writing, and submitted by the inmate. An inmate may initiate a request for consideration under 18 U.S.C. 4205(g) or 3582(c)(1)(A) only when there are particularly extraordinary or compelling circumstances which could not reasonably have been foreseen by the court at the time of sentencing. The inmate’s request shall at a minimum contain the following information:

(1) The extraordinary or compelling circumstances that the inmate believes warrant consideration.

(2) Proposed release plans, including where the inmate will reside, how the inmate will support himself/herself, and if the basis for the request involves the inmate’s health, information on where the inmate will receive medical treatment, and how the inmate will pay for such treatment.

(b) The Bureau of Prisons processes a request made by another person on behalf of an inmate in the same manner as an inmate’s request. Staff shall refer a request received at the Central Office to the Warden of the institution where the inmate is confined.

A request for a RIS is considered “submitted” for the purposes of 18 U.S.C. § 3582(c)(1), when received by the Warden in accordance with this section. As used in this program statement, “Warden” includes Residential Reentry Manager for requests filed by inmates designated to an RRC or on home confinement.

Requests from Inmates in RRCs or on Home Confinement. RIS requests may be submitted by inmates housed in RRCs or on home confinement. Such requests must address why RIS is appropriate notwithstanding the inmate’s placement in prerelease custody. Requests will be sent to the Residential Reentry Management Office responsible for the jurisdiction in which the inmate is confined.

Requests from Inmates Serving a Federal Sentence in State Custody. RIS requests may be submitted by inmates serving a federal sentence while in state custody. Requests should be sent to the Regional Director of the region where the state institution is located.

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Requests from Inmates who Have Previously Been Granted a Reduction in Sentence. Inmates who have received a reduction in sentence, have been released, and who have returned to Bureau custody (either for a supervised release violation or new criminal conviction) are not eligible for RIS consideration. Requests submitted by or on behalf of these inmates will be denied by the Warden.

4. REQUESTS BASED ON MEDICAL CIRCUMSTANCES

A physician, Advanced Practice Provider, or other medical professional will be consulted for review of all RIS requests based on medical circumstances.

a. Terminal Medical Condition. RIS consideration may be given to inmates in custody who have been diagnosed with a terminal, incurable disease (i.e., a serious and advanced illness with an end-of-life trajectory) as determined pursuant to the Compassionate Release Clinical Guidance issued by the Medical Director located on the Health Services Division (HSD) page of the Bureau’s intranet site.

The Bureau’s consideration will include assessment of the primary (terminal) disease, prognosis, survival rate, impact of other serious medical conditions of the inmate, and degree of functional impairment if any. Functional impairment (e.g., limitations on Activities of Daily Living such as feeding and dressing oneself, and Instrumental Activities of Daily Living such as using the phone and computer) may be a factor when considering the inmate’s terminal prognosis or survival rate, as well as a factor in assessing the inmate’s ability to re-offend.

Pursuant to 18 U.S.C. § 3582(d)(2)(A), in the case of a diagnosis of a terminal illness, the Bureau must, subject to confidentiality requirements:

(i) not later than 72 hours after the diagnosis notify the inmate’s attorney, partner, and family members of the inmate’s condition and inform the attorney, partner, and family members that they may prepare and submit on the inmate’s behalf a request for a sentence reduction pursuant to subsection (c)(1)(A);

(ii) not later than seven days after the date of the diagnosis, provide the inmate’s partner and family members (including extended family) with an opportunity to visit the inmate in person;

(iii) upon request from the inmate or his attorney, partner, or a family member, ensure that Bureau employees assist the inmate in the preparation, drafting, and submission of a request for a sentence reduction pursuant to subsection (c)(1)(A); and

(iv) not later than 14 days after receipt of a request for a sentence reduction submitted on the inmate’s behalf by the inmate or their attorney, partner, or family member, process the request.

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The statutory time frames of section 3582(d)(2)(A) begin once the Clinical Director of an institution makes a terminal diagnosis. Once the diagnosis is made, the Clinical Director will inform the Warden and the appropriate Unit Manager within 24 hours of the diagnosis to ensure requirements are met.

Written authorization to effectuate notifications as described above will be documented on the BP-A0192, Release of Information Consent form, or equivalent written authorization.

If the visit is denied for security concerns, as reflected in 18 U.S.C. § 3582(d)(3)(j), the reasons must be documented.

The Warden will forward the information indicated in section 10 of this program statement to the Office of General Counsel within 14 days.

b. Debilitated Medical Condition. RIS consideration may also be given to an inmate who is suffering from:

(i) a serious physical or medical condition; or

(ii) a serious functional or cognitive impairment;

from which the inmate is not expected to recover, and which substantially diminishes the inmate’s ability to provide self-care within the correctional environment. The Bureau’s determination will be made pursuant to the Compassionate Release Clinical Guidance located on the HSD page of the Bureau’s intranet site, and will involve consideration of the primary disease, impact of other serious medical conditions of the individual, and degree of functional impairment.

Pursuant to 18 U.S.C. § 3582(d)(2)(B), in the case of an inmate unable to submit a request for a RIS, Bureau institution staff shall:

(i) inform the inmate’s attorney, partner, and family members that they may prepare and submit on the defendant’s behalf a request for a sentence reduction pursuant to subsection (c)(1)(A);

(ii) accept and process a request for sentence reduction that has been prepared and submitted on the inmate’s behalf by the inmate’s attorney, partner, or family member under clause (i); and

(iii) upon request from the inmate or his or her attorney, partner, or family member, ensure that Bureau of Prisons employees assist the inmate in the preparation, drafting, and submission of a request for a sentence reduction pursuant to subsection (c)(1)(A).

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c. Elderly Inmates with Medical Conditions. RIS consideration may be given to individuals who are 65 and older, have served the lesser of 10 years or 75 percent of their term of imprisonment, and are experiencing serious deterioration in physical or mental health because of the aging process, as determined pursuant to the Compassionate Release Clinical Guidance located on the HSD page of the Bureau’s intranet site.

d. Infectious Disease. RIS consideration may be given to inmates housed at a correctional facility affected or at imminent risk of being affected by either an ongoing and extraordinary outbreak of infectious disease or a public health emergency declared by an appropriate federal, state, or local authority, and such risk cannot be mitigated in a timely or adequate manner. The Bureau will consider a RIS in these circumstances if the Clinical Director determines the inmate is at increased risk of suffering severe medical complications or death due to current personal medical risk factors, and as determined pursuant to the Compassionate Release Clinical Guidance located on the HSD page of the Bureau’s intranet site.

e. Other Extraordinary Medical Circumstances. RIS consideration may be given to an inmate suffering from a medical condition requiring long-term or specialized medical care that cannot be provided in the Bureau without undue hardship, prohibitive costs, or significant disruption to the safe and orderly running of the institution, and without which the inmate is at risk of serious deterioration in health or death. Refer to the Compassionate Release Clinical Guidance issued by the Medical Director for examples of the circumstances in which a RIS under this criterion may be appropriate.

5. REQUESTS BASED ON CIRCUMSTANCES RELATED TO AGE – ELDERLY INMATES

The criteria for a RIS request may include the following:

“New Law” Elderly Inmates. Inmates sentenced for an offense occurring on or after November 1, 1987 (e.g., “new law”), who are age 70 years or older and have served 30 years or more of their term of imprisonment.

“Old Law” Elderly Inmates. Inmates sentenced for an offense occurring before November 1, 1987 (e.g., “old law law”), who are age 70 years or older and have served 30 years or more of their term of imprisonment. An inmate is ineligible for consideration under this criterion if they are already parole-eligible (i.e., have had at least one parole hearing) or are serving a non-parolable sentence.

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6. REQUESTS BASED ON SEXUAL ABUSE

The criteria for a RIS may include inmates who, while in custody for their current offense of conviction, were victims of substantiated sexual abuse that was committed by, or at the direction of, a Bureau employee, contractor, or volunteer.

For these requests:

• “Sexual abuse” refers to conduct involving a “sexual act” as that term is defined in 18 U.S.C. § 2246(2) (including conduct described in 18 U.S.C. § 2246(2)(D) regardless of the age of the victim).¹
• “Substantiated” sexual abuse requires a conviction in a criminal case, an administrative finding of misconduct, or a finding or admission of liability in a civil case. Consistent with Department of Justice policy, findings made by other law enforcement agencies may be considered where appropriate.

The following information must be provided for RIS requests based on sexual abuse:

• A general statement explaining the inmate has been a victim of sexual abuse perpetrated by or at the direction of a Bureau employee, and the location and date of the incident.
• If known, the name of the investigative agency or court considering the matter or that has made a finding of guilt or misconduct, and any associated case or docket number.
• A proposed release plan, including where the inmate will reside, and how the inmate will support themselves.

Given the sensitive nature of these requests, Wardens will refer all such requests to the Office of General Counsel for processing.

7. REQUESTS BASED ON PHYSICAL ABUSE

The criteria for a RIS may include inmates who, while in custody for their current offense of conviction, were victims of substantiated physical abuse resulting in serious bodily injury, where the physical abuse was committed by, or at the direction of, a Bureau employee, contractor, or volunteer.

¹ For the purposes of this policy, the term “sexual act” as defined in 18 U.S.C. § 2246(2) means any one of the following: (A) contact between the penis and the vulva or the penis and the anus; contact involving the penis occurs upon penetration, however slight; (B) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; (C) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or (D) the intentional touching, not through the clothing, of the genitalia of another person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.

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For these requests:

• The term “serious bodily injury” means injury involving extreme physical pain or the protracted impairment of a function of a bodily member, organ, or mental faculty; or requiring medical intervention such as surgery, hospitalization, or physical rehabilitation.
• “Substantiated” physical abuse requires a conviction in a criminal case, an administrative finding of misconduct, or a finding or admission of liability in a civil case. Consistent with Department of Justice policy, findings made by other law enforcement agencies may be considered where appropriate.

The following information must be provided for RIS requests based on physical abuse resulting in serious bodily injury:

• A general statement explaining the circumstances of the physical abuse and serious bodily injury that was sustained, and the location and date of the incident.
• If known, the name of the investigative agency or court considering the matter or that has made a finding of guilt or misconduct, and any associated case or docket number.
• A proposed release plan, including where the inmate will reside, and how the inmate will support themselves.

Given the sensitive nature of these requests, Wardens will refer all such requests to the Office of General Counsel for processing.

8. REQUESTS MADE BY D.C. CODE OFFENDERS

D.C. Code offenders convicted of felony offenses may be eligible for a RIS under certain circumstances. D.C. Code § 24-403.04 provides the Bureau Director, or the inmate, may file a motion for a reduction of sentence.

The RIS criteria for D.C. Code offenders are specified in § 24-403.04. Although the criteria for D.C. Code offenders differ slightly from the criteria for federal code offenders, Bureau staff will follow the procedures laid out in this program statement when processing RIS requests received from D.C. Code offenders. This includes assessing the request under the factors outlined in section 9.

a. Terminal Medical Condition. RIS consideration may be given to a D.C. Code offender who has been diagnosed with a terminal disease or condition. Refer to section 4(a) of this program statement for additional guidance.

b. Debilitated Medical Condition. RIS consideration may be given to a D.C. Code offender who has been diagnosed with a debilitating medical condition involving an incurable illness, or a debilitating injury from which the offender will not recover. Refer to section 4(b) of this program statement for additional guidance and criteria.

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c. Elderly with Medical Conditions. RIS consideration may be given to a D.C. Code offender who meets the following criteria:

• Age 60 or older.
• Has served the lesser of 15 years or 75% of the sentence imposed.
• Suffers from a chronic or serious medical condition related to the aging process, or that causes an acute vulnerability to severe medical complications or death as a result of COVID-19.

For RIS purposes, a “chronic or serious medical condition related to the aging process” is determined in the same way as “a serious deterioration in physical or mental health because of the aging process” in section 4(c) of this program statement.

d. Age. RIS consideration may be given to a D.C. Code offender who is 60 years of age or older and has served at least 20 years of the sentence imposed.

9. FACTORS AND EVALUATION OF CIRCUMSTANCES IN RIS REQUESTS

For all RIS requests, the following factors must be considered:

• Nature and circumstances of the inmate’s offense.
• Criminal history.
• Comments from victims.
• Unresolved detainers and pending charges.
• Supervised release violations or similar (e.g., state probation violations).
• Institutional adjustment (e.g., work and programming history, mental health, participation in Financial Responsibility Program, other efforts toward rehabilitation).
• Disciplinary infractions.
• Personal history derived from the Presentence Investigation Report.
• Length of sentence and amount of time served.
• Inmate’s current age.
• Inmate’s age and health conditions at the time of the offense and sentencing.
• Inmate’s release plans (employment, medical, financial).
• Any pertinent statement, order, or ruling by the sentencing court, including any extent to which the court accounted for the inmate’s age and/or health condition(s) in imposing the sentence.
• Whether release would minimize the severity of the offense.

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When reviewing RIS requests, these factors are neither exclusive nor weighted. These factors will be considered to assess whether the RIS request presents extraordinary and compelling circumstances. Overall, for each RIS request, the Bureau will consider whether the inmate’s release would pose a danger to the safety of any other person or the community.

10. § 571.62 Approval of request.

(a) The Bureau of Prisons makes a motion under 18 U.S.C. 4205(g) or 3582(c)(1)(A) only after review of the request by the Warden, the General Counsel, and either the Medical Director for medical referrals or the Assistant Director, Correctional Programs Division for non- medical referrals, and with the approval of the Director, Bureau of Prisons.

(1) The Warden shall promptly review a request for consideration under 18 U.S.C. 4205(g) or 3582(c)(1)(A). If the Warden, upon an investigation of the request determines that the request warrants approval, the Warden shall refer the matter in writing with recommendation to the Office of General Counsel.

The Warden’s referral at a minimum must include the following:

(i) The Warden’s written recommendation as well as any other pertinent written recommendations or comments made by staff during the institution review of the request.

(ii) A complete copy of the Judgment and Commitment Order or Judgment in a Criminal Case, Statement of Reasons, and sentence computation data.

(iii) A progress report that is not more than 30 days old. All detainers, pending charges, and holds should be resolved prior to the Warden’s submission of a case. If a pending charge or detainer cannot be resolved, an explanation of the charge or conviction status, and attempts made by institution staff to resolve it, must be provided in the Warden’s written recommendation. Any documentation generated as part of this process (e.g., detainer action letters, emails) must also be submitted.

(iv) All pertinent medical records if the reason for the request involves the inmate’s health. Pertinent records include, at a minimum, a Comprehensive Medical Summary by the attending physician, which must also include an estimate of life expectancy, and all relevant test results, consultations, and referral reports/opinions.

(v) The referral packet must include, when available, a copy of the Presentence Investigation Report, Custody Classification form, Notice of Action forms, and any other documented information pertinent to the request.

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(vi) If the inmate is subject to victim notification requirements, confirmation of notification to the appropriate victim(s) or witness(es) must be incorporated into the Warden’s referral. For all but terminal cases, Wardens should wait a minimum of 30 days after sending victim notifications before referring the case, to ensure adequate time to receive and incorporate victim responses. A summary of any comments received must also be incorporated into the referral. Documentation generated as part of this process (e.g., victim notification log, copies of victim responses) must also be submitted. If the inmate is not subject to victim notification requirements, a statement to that effect must be in the referral.

(vii) For a request under 18 U.S.C. § 3582(c)(1)(A), when a term of supervised release follows the term of imprisonment, confirmation that release plans have been approved by the appropriate U.S. Probation Office must be included in the referral. If the inmate will be released to an area outside the sentencing district, the U.S. Probation Office assuming supervision must be contacted. If no supervision follows the term of imprisonment, release plans must still be developed.

(viii) The development of release plans must include, at a minimum, a place of residence and the method of financial support, and may require coordination with various segments of the community, such as hospices, the Department of Veterans Affairs or veterans’ groups, Social Security Administration, welfare agencies, local medical organizations, or the inmate’s family.

Because there is no final agency decision until the Director has reviewed the request, staff at any level may not contact the sentencing judge or solicit the judge’s opinion through other officers of the court.

(2) If the General Counsel determines that the request warrants approval, the General Counsel shall solicit the opinion of either the Medical Director or the Assistant Director, Correctional Programs Division depending upon the nature of the basis of the request. The General Counsel will solicit the opinion of the United States Attorney in the district in which the inmate was sentenced. With these opinions, the General Counsel shall forward the entire matter to the Director, Bureau of Prisons, for final decision, subject to the general supervision and direction of the Attorney General and Deputy Attorney General.

(3) If the Director, Bureau of Prisons, grants a request under 18 U.S.C. 4205(g), the Director will contact the U.S. Attorney in the district in which the inmate was sentenced regarding moving the sentencing court on behalf of the Bureau of Prisons to reduce the minimum term of the inmate’s sentence to time served. If the Director, Bureau of Prisons, grants a request under 18 U.S.C. 3582(c)(1)(A), the Director will contact the U.S. Attorney in the district in which the inmate was sentenced regarding moving the sentencing court on behalf of the Director of the Bureau of Prisons to reduce the inmate’s term of imprisonment to time served.

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(b) Upon receipt of notice that the sentencing court has entered an order granting the motion under 18 U.S.C. 4205(g), the Warden of the institution where the inmate is confined shall schedule the inmate for hearing on the earliest Parole Commission docket.

Institution staff prepare an amended Sentence Data Summary for use at this hearing. Staff provide a copy of the most recent progress report to the Parole Commission.

Upon receipt of notice that the sentencing court has entered an order granting the motion under 18 U.S.C. 3582(c)(1)(A), the Warden of the institution where the inmate is confined shall release the inmate forthwith.

In the event the court order granting the motion provides for specific release timing or other conditions, the inmate will be released in a manner consistent with the court’s order. Should the inmate’s medical condition or other circumstance present a potential conflict with a court order requiring an immediate release, the Office of General Counsel will be consulted in order to notify the court and/or obtain an amended order or other guidance.

(c) In the event the basis of the request is the medical condition of the inmate, staff shall expedite the request at all levels.

An expedited review process does not lessen the requirement to provide the documentation required by this program statement.

11. § 571.63 Denial of request.

(a) When an inmate’s request is denied by the Warden, the inmate will receive written notice and a statement of reasons for the denial. The inmate may appeal the denial through the Administrative Remedy Procedure (28 CFR part 542, subpart B).

(b) When an inmate’s request for consideration under 18 U.S.C. 4205(g) or 3582(c)(1)(A) is denied by the General Counsel, the General Counsel shall provide the inmate with a written notice and statement of reasons for the denial. This denial constitutes a final administrative decision.

(c) When the Director, Bureau of Prisons, denies an inmate’s request, the Director shall provide the inmate with a written notice and statement of reasons for the denial within 20 workdays after receipt of the referral from the Office of General Counsel. A denial by the Director constitutes a final administrative decision.

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(d) Because a denial by the General Counsel or Director, Bureau of Prisons, constitutes a final administrative decision, an inmate may not appeal the denial through the Administrative Remedy Procedure.

Under 18 U.S.C. § 3582(c)(1), an inmate may file a request for a reduction in sentence with the sentencing court after: (1) receiving a BP-11 response under subparagraph (a), (2) receiving the denial from the General Counsel or Director under subparagraphs (b) or (c), or (3) the lapse of 30 days from the receipt of the RIS request by the Warden of the inmate’s facility, whichever is earlier.

12. § 571.64 Ineligible offenders.

The Bureau of Prisons has no authority to initiate a request under 18 U.S.C. 4205(g) or 3582(c)(1)(A) on behalf of state prisoners housed in Bureau of Prisons facilities or D.C. Code offenders confined in federal institutions. The Bureau of Prisons cannot initiate such a motion on behalf of federal offenders who committed their offenses prior to November 1, 1987, and received non-parolable sentences.

The statutory authority for the Bureau to initiate a RIS on behalf of a D.C. Code offender is found in D.C. Code § 24-403.04.

The Bureau has no authority to initiate a RIS on behalf of military inmates. These inmates may seek relief through applicable provisions of the Uniform Code of Military Justice.

13. TRACKING REDUCTION IN SENTENCE REQUESTS

To ensure consistent handling and documentation of RIS requests, Wardens must identify a staff member to serve as an IRC, with at least one alternate. The principal responsibility of the IRC is to receive and document RIS requests and other RIS-related information in the RIS electronic tracking database.

For each RIS request, the following information is entered into the RIS tracking database by the IRC:

• Inmate’s full name.
• Federal Register Number
• Date of birth and age.
• Institution.
• Date RIS request received by the institution.
• Reason for RIS request.
• Whether staff assisted the inmate with submitting the RIS request.
• Whether the request was submitted by a third party (attorney, partner, family member).

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• Disposition of request (e.g., approval or denial).
• Reason for disposition.
• Date of disposition of request.

At the Central Office level, information regarding RIS requests is entered into the database by RIS Coordinators in the Office of General Counsel, the Health Services Division, and the Correctional Programs Division. The following information is entered into the RIS tracking database by Central Office staff:

• Date RIS request received by Central Office.
• Director’s final decision.

14. ANNUAL REPORT

Under 18 U.S.C. § 3582(d)(3), once per year, the Director of the Bureau must submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on requests for sentence reductions pursuant to subsection (c)(1)(A), which must include a description of, for the previous year:

(A) the number of prisoners granted and denied sentence reductions, categorized by the criteria relied on as the grounds for a reduction in sentence;

(B) the number of requests initiated by or on behalf of prisoners, categorized by the criteria relied on as the grounds for a reduction in sentence;

(C) the number of requests that Bureau of Prisons employees assisted prisoners in drafting, preparing, or submitting, categorized by the criteria relied on as the grounds for a reduction in sentence, and the final decision made in each request;

(D) the number of requests that attorneys, partners, or family members submitted on a defendant’s behalf, categorized by the criteria relied on as the grounds for a reduction in sentence, and the final decision made in each request;

(E) the number of requests approved by the Director of the Bureau of Prisons, categorized by the criteria relied on as the grounds for a reduction in sentence;

(F) the number of requests denied by the Director of the Bureau of Prisons and the reasons given for each denial, categorized by the criteria relied on as the grounds for a reduction in sentence;

(G) for each request, the time elapsed between the date the request was received by the Warden and final decision, categorized by the criteria relied on as the grounds for a reduction in sentence;

(H) for each request, the number of prisoners who died while their request was pending and, for each, the amount of time that had elapsed between the date the request was received by the Bureau of Prisons, categorized by the criteria relied on as the grounds for a reduction in sentence;

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(I) the number of Bureau of Prisons notifications to attorneys, partners, and family members of their right to visit a terminally ill defendant as required under paragraph (2)(A)(ii) and, for each, whether a visit occurred and how much time elapsed between the notification and the visit;

(J) the number of visits to terminally ill prisoners that were denied by the Bureau of Prisons due to security or other concerns, and the reasons given for each denial; and

(K) the number of motions filed by defendants with the court after all administrative rights to appeal a denial of a sentence reduction had been exhausted, the outcome of each motion, and the time that had elapsed between the date the request was first received by the Bureau of Prisons and the date the defendant filed the motion with the court.

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REFERENCES

Program Statements

• Categorization of Offenses

Bureau Forms

• BP-A0192 Release of Information Consent

Federal Regulations

• 28 CFR 542.10–542.16
• 28 CFR 571.60–571.64
• 28 CFR 572.40

Federal Statutes

• 18 U.S.C. § 2246(2)
• 18 U.S.C. § 3582
• 18 U.S.C. § 4205(g)

D.C. Code

• D.C. Code § 24-403.04

ACA Standards

• Performance-Based Standards and Expected Practices for Adult Correctional Institutions (5th edition): 5-ACI-5E-02

Records Retention Requirements

Requirements and retention guidance for records and information applicable to this program are available in the Records and Information Disposition Schedule (RIDS) on the Bureau’s intranet site.

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Rescinded PS 5050.50 (2019) — text for reference

This is not current policy. Program Statement 5050.50 (January 17, 2019) governed until PS 5050.51 rescinded it on September 3, 2026. It is reproduced below for reference, because court decisions and older denial letters cite it. The Bureau no longer posts it; its former address, bop.gov/policy/progstat/5050_050_EN.pdf, now returns an error. Wording and spelling are the Bureau’s.

U.S. Department of Justice Federal Bureau of Prisons

PROGRAM STATEMENT

OPI OGC/LCI

NUMBER 5050.50

DATE January 17, 2019

Compassionate Release/Reduction in Sentence: Procedures for Implementation of 18 U.S.C. §§ 3582 and 4205(g)

/s/ Approved: Hugh J. Hurwitz Acting Director, Federal Bureau of Prisons

1. PURPOSE AND SCOPE

§571.60 Purpose and scope.

Under 18 U.S.C. 4205(g), a sentencing court, on motion of the Bureau of Prisons, may make an inmate with a minimum term sentence immediately eligible for parole by reducing the minimum term of the sentence to time served. Under 18 U.S.C. 3582(c)(1)(A), a sentencing court, on motion of the Director of the Bureau of Prisons, may reduce the term of imprisonment of an inmate sentenced under the Comprehensive Crime Control Act of 1984.

The Bureau uses 18 U.S.C. 4205(g) and 18 U.S.C. 3582(c)(1)(A) in particularly extraordinary or compelling circumstances which could not reasonably have been foreseen by the court at the time of sentencing.

18 U.S.C. 3582 was amended by the First Step Act of 2018, revisions noted below in Summary of Changes.

For the purposes of this Program Statement, the terms “compassionate release” and “reduction in sentence” are used interchangeably.

Federal Regulations from 28 CFR are in this type. Implementing information is in this type.

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In deciding whether to file a motion under either 18 U.S.C. 4205(g) or 18 U.S.C. 3582, the Bureau of Prisons (BOP) should consider whether the inmate’s release would pose a danger to the safety of any other person or the community.

Under 18 USC 3582 (d)(2)(3), the Bureau ensures that all facilities regularly and visibly post, including in prisoner handbooks, staff training materials, and facility law libraries and medical and hospice facilities, and make available to prisoners upon demand, notice of—

(i) a defendant’s ability to request a sentence reduction pursuant to subsection (c)(1)(A);

(ii) the procedures and timelines for initiating and resolving requests described in clause (i); and

(iii) the right to appeal a denial of a request described in clause (i) after all administrative rights to appeal within the Bureau of Prisons have been exhausted.

§572.40 Compassionate release under 18 U.S.C. 4205(g).

18 U.S.C. 4205(g) was repealed effective November 1, 1987, but remains the controlling law for inmates whose offenses occurred prior to that date. For inmates whose offenses occurred on or after November 1, 1987, the applicable statute is 18 U.S.C. 3582(c)(1)(A). Procedures for compassionate release of an inmate under either provision are contained in 28 CFR part 571, subpart G.

a. Program Objectives. The expected results of this program are:

• A motion for a modification of a sentence will be made to the sentencing court only in particularly extraordinary or compelling circumstances that could not reasonably have been foreseen by the court at the time of sentencing.
• The public will be protected from undue risk by careful review of each compassionate release request.
• Compassionate release motions will be filed with the sentencing judge in accordance with the statutory requirements of 18 U.S.C. 3582 or 4205(g).

b. Summary of Changes

Policy Rescinded

P 5050.49 CN-1 Compassionate Release/Reduction in Sentence: Procedures for Implementation of 18 U.S.C. §§ 3582(c)(1)(A) and 4205(g)

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The following have been added to this version of the Program Statement:

• Requirements of section 603(b) of the First Step Act, codified at 18 USC § 3582:

• Requiring inmates be informed of reduction in sentence availability and process;
• Modifying definition of “terminally ill;”
• Requiring notice and assistance for terminally ill offenders;
• Requiring requests from terminally ill offenders to be processed within 14 days;
• Requiring notice and assistance for debilitated offenders; and
• Specifying inmates may file directly to court after exhaustion of administrative remedies, or 30 days from receipt of a request by the Warden’s Office.

2. INITIATION OF REQUEST – EXTRAORDINARY OR COMPELLING

CIRCUMSTANCES

§ 571.61 Initiation of request – extraordinary or compelling circumstances.

a. A request for a motion under 18 U.S.C. 4205(g) or 3582(c)(1)(A) shall be

submitted to the Warden. Ordinarily, the request shall be in writing, and submitted by the inmate. An inmate may initiate a request for consideration under 18 U.S.C. 4205(g) or 3582(c)(1)(A) only when there are particularly extraordinary or compelling circumstances which could not reasonably have been foreseen by the court at the time of sentencing. The inmate’s request shall at a minimum contain the following information:

(1) The extraordinary or compelling circumstances that the inmate believes warrant consideration.

(2) Proposed release plans, including where the inmate will reside, how the inmate will support himself/herself, and, if the basis for the request involves the inmate’s health, information on where the inmate will receive medical treatment, and how the inmate will pay for such treatment.

b. The Bureau of Prisons processes a request made by another person on behalf

of an inmate in the same manner as an inmate’s request. Staff shall refer a request received at the Central Office to the Warden of the institution where the inmate is confined.

A request for a RIS is considered “submitted” for the purposes of 18 USC §3582 (c)(1), when received by the Warden in accordance with this section.

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3. REQUESTS BASED ON MEDICAL CIRCUMSTANCES

The criteria for a reduction in sentence (RIS) request may include the following:

a. Terminal Medical Condition. RIS consideration may be given to inmates who have been

diagnosed with a terminal, incurable disease and whose life expectancy is eighteen (18) months or less, and/or has a disease or condition with an end-of-life trajectory under 18 USC § 3582(d)(1). The BOP’s consideration should include assessment of the primary (terminal) disease, prognosis, impact of other serious medical conditions of the inmate, and degree of functional impairment (if any). Functional impairment (e.g., limitations on activities of daily living such as feeding and dressing oneself) is not required for inmates diagnosed with terminal medical conditions; however, functional impairment may be a factor when considering the inmate’s ability or inability to reoffend.

Pursuant to 18 U.S.C. § 3582(d)(2)(A), in the case of a diagnosis of a terminal illness, the Bureau of Prisons shall, subject to confidentiality requirements:

(i) not later than 72 hours after the diagnosis notify the defendant’s attorney, partner, and family members of the defendant’s condition and inform the defendant’s attorney, partner, and family members that they may prepare and submit on the defendant’s behalf a request for a sentence reduction pursuant to subsection (c)(1)(A); (ii) not later than 7 days after the date of the diagnosis, provide the defendant’s partner and family members (including extended family) with an opportunity to visit the defendant in person; (iii) upon request from the defendant or his attorney, partner, or a family member, ensure that Bureau of Prisons employees assist the defendant in the preparation, drafting, and submission of a request for a sentence reduction pursuant to subsection (c)(1)(A); and (iv) not later than 14 days of receipt of a request for a sentence reduction submitted on the defendant’s behalf by the defendant or the defendant’s attorney, partner, or family member, process the request. The statutory time frames of section 3582(d)(2)(A), begin once the Clinical Director of an institution makes a terminal diagnosis. Once the diagnosis is made, the Clinical Director will inform the Warden and the appropriate Unit Manager as soon as possible so as to ensure requirements are met.

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If the inmate is physically/psychologically able, the inmate should consent to notifications above using Form BP-A0192, Release of Information Consent, or equivalent written authorization. If a visit is denied for security concerns, as reflected in 18 U.S.C. § 3582(d)(3)(J), the reasons should be documented. The Warden will forward the information indicated in Section 8 of this policy, below, to Central Office within 14 days.

b. Debilitated Medical Condition. RIS consideration may also be given to inmates who have

an incurable, progressive illness or who have suffered a debilitating injury from which they will not recover. The BOP should consider a RIS if the inmate is:

• Completely disabled, meaning the inmate cannot carry on any self-care and is totally confined to a bed or chair; or
• Capable of only limited self-care and is confined to a bed or chair more than 50% of waking hours.

The BOP’s review should also include any cognitive deficits of the inmate (e.g., Alzheimer’s disease or traumatic brain injury that has affected the inmate’s mental capacity or function). A cognitive deficit is not required in cases of severe physical impairment, but may be a factor when considering the inmate’s ability or inability to reoffend.

Pursuant to 18 U.S.C. § 3582(d)(2)(B), in the case of an inmate unable to submit a request for a RIS BOP institution staff shall:

(i) inform the defendant’s attorney, partner, and family members that they may prepare and submit on the defendant’s behalf a request for a sentence reduction pursuant to subsection (c)(1)(A) (ii) accept and process a request for sentence reduction that has been prepared and submitted on the defendant’s behalf by the defendant’s attorney, partner, or family member under clause (i); and (iii) upon request from the defendant or his attorney, partner, or family member, ensure that Bureau of Prisons employees assist the defendant in the preparation, drafting, and submission of a request for a sentence reduction pursuant to subsection (c)(1)(A).

All RIS requests should be assessed using the factors outlined in Section 7.

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4. REQUESTS BASED ON NON-MEDICAL CIRCUMSTANCES – ELDERLY INMATES

The criteria for a RIS request may include the following:

a. “New Law” Elderly Inmates. Inmates sentenced for an offense that occurred on or after

November 1, 1987 (e.g., “new law”), who are age 70 years or older and have served 30 years or more of their term of imprisonment. 1

b. Elderly Inmates with Medical Conditions. Inmates who fit the following criteria:

• Age 65 and older.
• Suffer from chronic or serious medical conditions related to the aging process.
• Experiencing deteriorating mental or physical health that substantially diminishes their ability to function in a correctional facility.
• Conventional treatment promises no substantial improvement to their mental or physical condition.
• Have served at least 50% of their sentence.

Additionally, for inmates in this category, the BOP should consider the following factors when evaluating the risk that an elderly inmate may reoffend:

• The age at which the inmate committed the current offense.
• Whether the inmate suffered from these medical conditions at the time the inmate committed the offense.
• Whether the inmate suffered from these medical conditions at the time of sentencing and whether the Presentence Investigation Report (PSR) mentions these conditions.

The BOP Medical Director will develop and issue medical criteria to help evaluate the inmate’s suitability for consideration under this RIS category.

c. Other Elderly Inmates. Inmates age 65 or older who have served the greater of 10 years or

75% of the term of imprisonment to which the inmate was sentenced.

1 These criteria are different from those provided in 18 U.S.C 3582(c)(1)(a)(ii), which states that a court, upon motion of the BOP Director, may reduce a sentence term if it finds that “the defendant is at least 70 years of age, has served at least 30 years in prison, pursuant to a sentence imposed under section 3559(c), for the offense or offenses for which the defendant is currently imprisoned, and a determination has been made by the Director of the Bureau of Prisons that the defendant is not a danger to the safety of any other person or the community, as provided under section 3142(g).”

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Elderly inmates who were age 60 or older at the time they were sentenced ordinarily should not be considered for RIS if their current conviction is listed in the Categorization of Offenses Program Statement.

All RIS requests should be assessed using the factors outlined in Section 7.

5. REQUESTS BASED ON NON-MEDICAL CIRCUMSTANCES – DEATH OR

INCAPACITATION OF THE FAMILY MEMBER CAREGIVER.

The criteria for a RIS request may include the death or incapacitation of the family member caregiver of an inmate’s child, e.g., RIS requests from inmates whose biological or legally adopted child or children (“child”) are suddenly without a family member caregiver due to that caregiver’s death or incapacitation.

For these requests, “child” means a person under the age of 18 and “incapacitation” means the family member caregiver suffered a severe injury (e.g., auto accident) or suffers from a severe illness (e.g., cancer) that renders the caregiver incapable of caring for the child.

In reviewing these requests, BOP should assess, based on the information provided, whether release of the inmate to care for the inmate’s child is in the best interest of the child.

a. First Stage of the Warden’s Review. The following information should be provided by the

inmate to the Warden in writing for RIS requests based on the death or incapacitation of the family member caregiver:

• A statement that explains that the inmate’s family member caregiver has died or become incapacitated and that person was the caregiver for the inmate’s biological or legally adopted child.
• A statement that this person was the only family member capable of caring for the inmate’s child.
• The name of the deceased or incapacitated family member caregiver and the relationship of that person to the inmate (e.g., spouse, common-law spouse, mother, sister) and statement that the caregiver is a family member of the child.
• For requests based on a deceased family member caregiver, an official copy of the family member caregiver’s death certificate.
• For requests based on an incapacitated family member caregiver, verifiable medical documentation of the incapacitation.
• Verifiable documentation that the inmate is the parent of the child. Acceptable documentation includes birth certificates, adoption papers, or verification of the inmate’s paternity.

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• Verifiable documentation providing the name and age of the child.
• A clear statement and documentation that the inmate has a release plan, including housing, and the financial means to care for the child immediately upon the inmate’s release.
• Authorization from the inmate for the BOP to obtain any information or documents from any individual, medical entity or doctor, or any government agency about the inmate, family members, and minor child.

The Warden may deny the inmate’s request at the institution level of review if the Warden finds that the inmate has not provided adequate information and documentation as set forth above.

b. Second Stage of the Warden’s Review. Even if the inmate provides adequate and sufficient

information and documentation set forth above regarding the RIS request, further investigation is appropriate. At this stage, the Warden should convene a committee consisting of the inmate’s unit manager, correctional counselor, and any other relevant staff (social worker, physician, psychologist, etc.) to investigate the facts and circumstances provided by the inmate and to review supporting letters and documents before the Warden makes a recommendation to approve or deny the RIS request. The additional information and supporting documentation gathered by the committee for the Warden’s review should include:

• A general description of the child’s physical and mental condition.
• A description of the nature of the child’s care both during the inmate’s pre-arrest and pre-sentence period, and during the inmate’s current incarceration.
• Letters or documentation that the deceased/incapacitated family member was and still is the only family member caregiver capable of caring for the inmate’s minor child. These letters or documentation should include:

• Information indicating whether this family member was, in fact, caring for the child during the inmate’s incarceration and immediately prior to the family member’s death or incapacitation.
• An explanation of who has been caring for the child since the family member’s death or incapacitation.
• If the child is in foster care, documentation verifying that the inmate will be able to immediately obtain custody of the child.

All RIS requests should be assessed using the factors outlined in Section 7 as well as the following factors.

• Has the inmate committed violent acts before or during the period of incarceration as reflected in the PSR, institutional disciplinary records, or other appropriate documentation?
• Did the inmate have drugs, drug paraphernalia, firearms, or other dangerous substances in the home while caring for the child prior to incarceration?

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• To what degree has the inmate had contact with or cared for the child prior to arrest, pretrial or pre-sentence, and during incarceration? Staff should review institution records for evidence of contact (telephone, mail, email, visiting log, etc.).
• Is there any evidence of child abuse, neglect, or exploitation in the PSR or other documents?
• Are there any documents regarding the inmate’s parenting skills or obligations (e.g., child support orders, restraining orders for physical or emotional abuse of spouse, registered partner or children, certificates for classes in anger management or other types of counseling, removal of child from the home for any reasons)?
• Are there records regarding the termination of parental rights or loss of custody of the inmate’s (other) child?
• Does the inmate have a detainer as a deportable alien to a country other than where the child resides?
• Has the inmate received public funding or had a job with a living wage for any period of time prior to incarceration?
• Has the inmate engaged in programming (e.g., parenting, anger management) during incarceration that would indicate efforts to improve parenting skills or that would indicate a commitment to caring for the child upon release?

Wardens should also consider any additional reliable documentation (e.g., letters of support from family members, neighbors, doctors, hospitals, and state or local agencies). Documentation may be obtained with the assistance of the Office of Probation and Pretrial Services. Wardens should also consider whether the inmate participated in the Inmate Financial Responsibility Program and any information relating to the inmate’s substance abuse treatment, physical/mental/ emotional health, and work evaluations during incarceration.

The care of a child may be requested to be a condition of the inmate’s release to a supervised release term. Thus, failure to care for the child may result in a finding of a supervised release violation and return to custody.

6. REQUESTS BASED ON NON-MEDICAL CIRCUMSTANCES – INCAPACITATION

OF A SPOUSE OR REGISTERED PARTNER

The criteria for a RIS request may include the incapacitation of an inmate’s spouse or registered partner when the inmate would be the only available caregiver for the spouse or registered partner.

For these requests, “spouse” means an individual in a relationship with the inmate, where that relationship has been legally recognized as a marriage, including a legally-recognized common-law marriage. “Registered partner” means an individual in a relationship with the inmate, where that relationship has been legally recognized as a civil union or registered domestic partnership.

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The relationship should have been established before the inmate’s offense date of arrest, and should be verified by information in the PSR or other administratively acceptable documentation (e.g. marriage certificate).

For these requests, “incapacitation” means the inmate’s spouse or registered partner has:

• Suffered a serious injury, or a debilitating physical illness and the result of the injury or illness is that the spouse or registered partner is completely disabled, meaning that the spouse or registered partner cannot carry on any self-care and is totally confined to a bed or chair; or
• A severe cognitive deficit (e.g., Alzheimer’s disease or traumatic brain injury that has severely affected the spouse’s or registered partner’s mental capacity or function), but may not be confined to a bed or chair.

For these requests, the inmate should demonstrate that the inmate is the only available caregiver for the spouse or registered partner, meaning there is no other family member or adequate care option that is able to provide primary care for the spouse or registered partner.

a. First Stage of the Warden’s Review. The following information should be provided by the

inmate to the Warden in writing for RIS requests based on the incapacitation of the spouse or registered partner:

• Statement that explains that the inmate’s spouse or registered partner has become incapacitated.
• Statement that the inmate is the only family member capable of caring for the spouse or registered partner.
• Verifiable medical documentation of the incapacitation of the spouse or registered partner.
• A clear statement and documentation of the inmate’s release plan, including housing, and the financial means to care for the spouse or registered partner immediately upon release.
• Written authorization from the inmate and others (as needed) for the BOP to obtain any information or documents from any individual, medical entity or doctor, or any government agency about the inmate, the spouse or registered partner, or other family members.

The Warden may deny the inmate’s request at the institution level of review if the Warden finds that the inmate has not provided adequate information and documentation as set forth above.

b. Second Stage of the Warden’s Review. Even if the inmate provides adequate and sufficient

information and documentation set forth above regarding the RIS request, further investigation is appropriate. At this stage, the Warden should convene a committee consisting of the inmate’s unit manager, correctional counselor and any other relevant staff (social worker, physician, psychologist, etc.) to investigate the facts and circumstances provided by the inmate and to

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review supporting letters and documents before the Warden makes a recommendation to approve or deny the RIS request. The information and supporting documentation gathered by the committee for the Warden’s review should include:

• A general description of the spouse’s or registered partner’s physical and mental condition.
• A description of the nature of the spouse’s or registered partner’s care, as relevant, during the inmate’s pre-arrest and pre-sentence period, and during the inmate’s current incarceration.
• Letters or documentation indicating whether the inmate is the only family member caregiver capable of caring for the spouse or registered partner. This should include an explanation of who has been caring for the spouse or registered partner during the inmate’s period of incarceration, as relevant.
• Letters or documentation indicating the spouse or registered partner is, or would be, supportive of the inmate’s release, and of the inmate assuming the role of the primary caregiver.

All RIS requests should be assessed using the factors outlined in Section 7 as well as the following factors.

• Has the inmate committed violent acts before or during the period of incarceration, as reflected in the PSR, institution disciplinary records, or other appropriate documentation?
• To what extent would the inmate and spouse or registered partner be relying on publicly available resources (e.g., financial or medical) to provide care to the spouse or registered partner?
• Has the inmate ever been charged with, or convicted of, a crime of domestic violence?
• Did the inmate share a residence with the spouse or registered partner prior to the period of incarceration?
• Did the inmate have drugs, drug paraphernalia, firearms, or other dangerous substances in the home shared with the spouse or registered partner prior to incarceration?
• To what degree has the inmate had contact with (or cared for) the spouse or registered partner prior to arrest, pretrial or pre-sentence, and during incarceration? Staff should review institution records for evidence of contact (telephone, mail, email, visiting log, etc.).
• Is there any evidence of abuse or neglect involving the spouse or registered partner in the PSR or other documents?
• Are there any documents regarding the inmate’s custodial skills or obligations (e.g., child support orders, restraining orders for physical or emotional abuse of spouse or registered partner or children, certificates for classes in anger management or other types of counseling, removal of children from the home for any reasons)?
• Does the inmate have a detainer as a deportable alien to a country other than where the spouse or registered partner resides?
• Has the inmate received public funding or had a job with a living wage for any period of time prior to incarceration?

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• Has the inmate engaged in programming (e.g., anger management, financial responsibility program) during incarceration that would indicate efforts to improve custodial skills and/or that would indicate a commitment to the inmate’s spouse or registered partner upon release?

Wardens should also consider any additional reliable documentation (e.g., letters of support from family members, neighbors, doctors, hospitals, and state or local agencies). Documentation may be obtained with the assistance of the Office of Probation and Pretrial Services.

The care of the spouse or registered partner may be requested to be a condition of the inmate’s release to a supervised release term. Thus, failure to care for the spouse or registered partner may result in a finding of a supervised release violation and return to custody.

7. FACTORS AND EVALUATION OF CIRCUMSTANCES IN RIS REQUESTS

For all RIS requests, the following factors should be considered:

• Nature and circumstances of the inmate’s offense.
• Criminal history.
• Comments from victims.
• Unresolved detainers.
• Supervised release violations.
• Institutional adjustment.
• Disciplinary infractions.
• Personal history derived from the PSR.
• Length of sentence and amount of time served. This factor is considered with respect to proximity to release date or Residential Reentry Center (RRC) or home confinement date.
• Inmate’s current age.
• Inmate’s age at the time of offense and sentencing.
• Inmate’s release plans (employment, medical, financial).
• Whether release would minimize the severity of the offense.

When reviewing RIS requests, these factors are neither exclusive nor weighted. These factors should be considered to assess whether the RIS request presents particularly extraordinary and compelling circumstances.

Overall, for each RIS request, the BOP should consider whether the inmate’s release would pose a danger to the safety of any other person or the community.

8. APPROVAL OF REQUEST

§571.62 Approval of request.

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a. The Bureau of Prisons makes a motion under 18 U.S.C. 4205(g) or 3582(c)(1)(A)

only after review of the request by the Warden, the General Counsel, and either the Medical Director for medical referrals or the Assistant Director, Correctional Programs Division for non-medical referrals, and with the approval of the Director, Bureau of Prisons.

(1) The Warden shall promptly review a request for consideration under 18 U.S.C. 4205(g) or 3582(c)(1)(A). If the Warden, upon an investigation of the request determines that the request warrants approval, the Warden shall refer the matter in writing with recommendation to the Office of General Counsel.

The Warden’s referral at a minimum must include the following:

a. The Warden’s written recommendation as well as any other pertinent written recommendations

or comments made by staff during the institution review of the request.

b. A complete copy of Judgment and Commitment Order or Judgment in a Criminal Case and

sentence computation data.

c. A progress report that is not more than 30 days old. All detainers and holds should be resolved prior to the Warden’s submission of a case under 18 U.S.C. 3582 (c)(1)(A) or 4205(g). If a pending charge or detainer cannot be resolved, an explanation of the charge or conviction status is needed.

d. All pertinent medical records if the reason for the request involves the inmate’s health.

Pertinent records include, at a minimum, a Comprehensive Medical Summary by the attending physician, which should also include an estimate of life expectancy, and all relevant test results, consultations, and referral reports/opinions.

e. The referral packet must include, when available, a copy of the Presentence Investigation and Form U.S.A. 792, Report on Convicted Offender by U.S. Attorney, Custody Classification form, Notice of Action forms, Probation form 7a, information on fines, CIM Case Information Summary (BP-A0339), and any other documented information that is pertinent to the request. In the absence of a Form U.S.A. 792, the views of the prosecuting Assistant U.S. Attorney may be solicited; those views should be made part of the Warden’s referral memo.

f. If the inmate is subject to the Victim and Witness Protection Act of 1982 (VWPA),

confirmation of notification to the appropriate victim(s) or witness(es) must be incorporated into the Warden’s referral. A summary of any comments received must also be incorporated into the referral. If the inmate is not subject to the VWPA, a statement to that effect must be in the referral.

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g. For a request under 18 U.S.C. 3582(c)(1)(A), when a term of supervised release follows the

term of imprisonment, confirmation that release plans have been approved by the appropriate U.S. Probation Office must be included in the referral. If the inmate will be released to an area outside the sentencing district, the U.S. Probation Office assuming supervision must be contacted. If no supervision follows the term of imprisonment, release plans must still be developed.

h. The development of release plans must include, at a minimum, a place of residence and the

method of financial support, and may require coordination with various segments of the community, such as hospices, the Department of Veterans Affairs or veterans’ groups, Social Security Administration, welfare agencies, local medical organizations, or the inmate’s family.

i. Because there is no final agency decision until the Director has reviewed the request, staff at any level may not contact the sentencing judge or solicit the judge’s opinion through other officers of the court.

(2) If the General Counsel determines that the request warrants approval, the General Counsel shall solicit the opinion of either the Medical Director or the Assistant Director, Correctional Programs Division depending upon the nature of the basis for the request. With this opinion, the General Counsel shall forward the entire matter to the Director, Bureau of Prisons, for final decision.

(3) If the Director, Bureau of Prisons, grants a request under 18 U.S.C. 4205(g), the Director will contact the U.S. Attorney in the district in which the inmate was sentenced regarding moving the sentencing court on behalf of the Bureau of Prisons to reduce the minimum term of the inmate’s sentence to time served. If the Director, Bureau of Prisons, grants a request under 18 U.S.C. 3582(c)(1)(A), the Director will contact the U.S. Attorney in the district in which the inmate was sentenced regarding moving the sentencing court on behalf of the Director of the Bureau of Prisons to reduce the inmate’s term of imprisonment to time served.

b. Upon receipt of notice that the sentencing court has entered an order granting

the motion under 18 U.S.C. 4205(g), the Warden of the institution where the inmate is confined shall schedule the inmate for hearing on the earliest Parole Commission docket.

Institution staff prepare an amended Sentence Data Summary for use at this hearing. Staff provide a copy of the most recent progress report to the Parole Commission.

Upon receipt of notice that the sentencing court has entered an order granting the motion under 18 U.S.C. 3582(c)(1)(A), the Warden of the institution where the inmate is confined shall release the inmate forthwith.

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c. In the event the basis of the request is the medical condition of the inmate,

staff shall expedite the request at all levels.

A request for an expedited review permits the review process to be expedited, but does not lessen the requirement that documentation be provided.

9. DENIAL OF REQUEST

§571.63 Denial of request.

a. When an inmate’s request is denied by the Warden, the inmate will receive

written notice and a statement of reasons for the denial. The inmate may appeal the denial through the Administrative Remedy Procedure (28 CFR part 542, subpart B).

b. When an inmate’s request for consideration under 18 U.S.C. 4205(g) or

3582(c)(1)(A) is denied by the General Counsel, the General Counsel shall provide the inmate with a written notice and statement of reasons for the denial. This denial constitutes a final administrative decision.

c. When the Director, Bureau of Prisons, denies an inmate’s request, the Director

shall provide the inmate with a written notice and statement of reasons for the denial within 20 workdays after receipt of the referral from the Office of General Counsel. A denial by the Director constitutes a final administrative decision.

d. Because a denial by the General Counsel or Director, Bureau of Prisons,

constitutes a final administrative decision, an inmate may not appeal the denial through the Administrative Remedy Procedure.

Under 18 USC 3582 (c) (1), an inmate may file a request for a reduction in sentence with the sentencing court after receiving a BP-11 response under subparagraph (a), the denial from the General Counsel under subparagraph (d), or the lapse of 30 days from the receipt of such a request by the Warden of the inmate’s facility, whichever is earlier.

10. INELIGIBLE OFFENDERS

§571.64 Ineligible offenders.

The Bureau of Prisons has no authority to initiate a request under 18 U.S.C. 4205(g) or 3582(c)(1)(A) on behalf of state prisoners housed in Bureau of Prisons facilities or D.C. Code offenders confined in federal institutions. The Bureau of Prisons cannot initiate such a motion on behalf of federal offenders who committed their offenses prior to November 1, 1987, and received non-parolable

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sentences.

11. TRACKING REDUCTION IN SENTENCE REQUESTS

To ensure consistent handling and documentation of RIS requests, Wardens must identify a staff member to serve as an institution RIS Coordinator (IRC) and an alternate. The principal responsibility of the IRC is to receive and document RIS requests and other RIS-related information in the RIS electronic tracking database.

For each RIS request, the following information is entered into the RIS tracking database by the IRC:

• Inmate’s full name.
• Federal register number.
• Date of birth and age.
• Institution.
• Date RIS request received by institution.
• Reason for RIS request.
• Whether staff assisted the inmate with submitting the RIS request.
• Whether the request was submitted by a third party (attorney, partner, family member).
• Disposition of request (e.g., approval or denial).
• Reason for disposition.
• Date of disposition of request.

At the Central Office (CO) level, information regarding RIS requests is entered into the database by RIS Coordinators in the Office of General Counsel, the Health Services Division, and the Correctional Programs Division. The following information is entered into the RIS tracking database by CO staff:

• Date RIS request received by CO.
• Director’s final decision.

12. ANNUAL REPORT

Under 18 U.S.C. § 3582 (d)(3), not later than December 21, 2019, and once every year thereafter, the Director of the Bureau of Prisons shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on requests for sentence reductions pursuant to subsection (c)(1)(A), which shall include a description of, for the previous year— (A) the number of prisoners granted and denied sentence reductions, categorized by the criteria

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relied on as the grounds for a reduction in sentence; (B) the number of requests initiated by or on behalf of prisoners, categorized by the criteria relied on as the grounds for a reduction in sentence; (C) the number of requests that Bureau of Prisons employees assisted prisoners in drafting, preparing, or submitting, categorized by the criteria relied on as the grounds for a reduction in sentence, and the final decision made in each request; (D) the number of requests that attorneys, partners, or family members submitted on a defendant’s behalf, categorized by the criteria relied on as the grounds for a reduction in sentence, and the final decision made in each request; (E) the number of requests approved by the Director of the Bureau of Prisons, categorized by the criteria relied on as the grounds for a reduction in sentence; (F) the number of requests denied by the Director of the Bureau of Prisons and the reasons given for each denial, categorized by the criteria relied on as the grounds for a reduction in sentence; (G) for each request, the time elapsed between the date the request was received by the warden and final decision, categorized by the criteria relied on as the grounds for a reduction in sentence; (H) for each request, the number of prisoners who died while their request was pending and, for each, the amount of time that had elapsed between the date the request was received by the Bureau of Prisons, categorized by the criteria relied on as the grounds for a reduction in sentence; (I) the number of Bureau of Prisons notifications to attorneys, partners, and family members of their right to visit a terminally ill defendant as required under paragraph (2)(A)(ii) and, for each, whether a visit occurred and how much time elapsed between the notification and the visit; (J) the number of visits to terminally ill prisoners that were denied by the Bureau of Prisons due to security or other concerns, and the reasons given for each denial; and (K) the number of motions filed by defendants with the court after all administrative rights to appeal a denial of a sentence reduction had been exhausted, the outcome of each motion, and the time that had elapsed between the date the request was first received by the Bureau of Prisons and the date the defendant filed the motion with the court.

13. ACA AGENCY ACCREDITATION PROVISIONS

None.

REFERENCES

Directives Referenced

Federal Regulations

• Rules cited in this Program Statement are contained in 28 CFR 571.60 through 571.64.

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• Rules referenced in this Program Statement are contained in 28 CFR 542.10 through 542.16 and 572.40.

U.S. Code Referenced

• Title 18, United States Code, Section 4205(g).
• Title 18, United States Code, Section 3582.

BOP Forms BP-A0339 CIM Case Information Summary BP-A0192 Release of Information Consent

Records Retention Requirements Requirements and retention guidance for records and information applicable to this program are available in the Records and Information Disposition Schedule (RIDS) system on Sallyport.

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