Want to know the key policy changes in federal prison compassionate release?
Compassionate release was the wild west not too long ago. There is a lot less certainty, because more compassionate release approvals are coming in. But some circuits have decided the U.S. Sentencing Commission (USSC) doesn’t have authority. The latest data release from the U.S. Sentencing Commission showed that only 15.2% of motions were granted in FY 2025.
Problem:
Things are getting more complicated every day for people seeking compassionate release or early release from federal prison. There are policy changes, circuit splits, and new precedent from both circuit courts and district courts all of the time.
It’s never been more important to keep up on compassionate release developments. The good news is that with the right information, people can dramatically increase their chances of success.
What you’ll learn:
- Recent Updates to the Policy Statement on Compassionate Release That You Need to Know
- How the First Step Act Changed Compassionate Release
- Compassionate Release Circuit Court Splits You Need to Know
- What Does Extraordinary and Compelling Mean Now?
- Recent Compassionate Release Stats That May Surprise You
Recent Updates to the Policy Statement on Compassionate Release That You Need to Know
Here’s the inside scoop…
The U.S. Sentencing Commission completely revamped its compassionate release guidance in November 2023. This is the first update since the passage of the First Step Act in 2018.
Section 1B1.13 of the U.S. Sentencing Guidelines, which is the formal policy statement, now clarifies that there are six specific categories of “extraordinary and compelling circumstances” that justify compassionate release:
- Medical circumstances of the defendant
- Age of the defendant
- Family circumstances of the defendant
- Victims of abuse
- Other reasons
- Unusually long sentences
That last bullet is huge. For the first time, the USSC guidelines explicitly state that changes in the law since your sentencing can be a valid reason for release.
But here’s the bad news…
Not all circuit courts are going to follow these new guidelines. Some have already rejected the USSC’s authority to issue the 2023 amendments, which has created a crazy-quilt of rules depending on where your case is.
How the First Step Act Changed Compassionate Release
Prior to the passage of the First Step Act in 2018, compassionate release was almost impossible to get.
Why? Only the Bureau of Prisons was allowed to file compassionate release motions. The DOJ Office of Inspector General found BOP’s compassionate release program to be “poorly managed and implemented inconsistently.”
Look at these statistics:
Between 2013 and 2017, only 6% of requests were granted by the BOP. The wait times to receive a response from the BOP averaged 4.5 months and 5% died before receiving a response.
Congress completely changed this with the First Step Act. People serving time in federal prison can now file motions for compassionate release directly with the federal courts.
Here are the numbers:
Since 2018, 4,560 or more people have been released from federal prison through compassionate release motions.
Gamechanger.
Prisoners no longer have to wait on the BOP to act. A prisoner can file a motion with a federal court if the Bureau does not respond within 30 days or if the Bureau denies their request. The prisoner can then take their case directly to a federal judge.
Compassionate Release Circuit Court Splits You Need to Know
Here’s the crazy part…
Federal courts of appeals are divided on whether to apply the new Sentencing Commission updates. The Third, Fifth, Sixth, and Seventh Circuits all said “NO” to the Commission’s 2023 amendments in recent rulings.
These four circuit court appeals courts have basically said the USSC was way overstepping its authority. They are especially dead set against allowing the “change in law” basis for compassionate release.
The “change in law” allows people with otherwise unusually long sentences to apply for early release.
But some other judges don’t agree with these four…
Other federal district judges have embraced the new guidelines and been granting compassionate release based on a change in the law. Now where a case is located may be just as important as the facts of the case.
Those in the Sixth Circuit (covering Michigan, Ohio, Kentucky, Tennessee) for example, will be held to a much higher standard than someone who is in the Second Circuit (New York, Connecticut, Vermont).
What Does Extraordinary and Compelling Mean Now?
The meaning of “extraordinary and compelling reasons” has expanded dramatically.
Medical reasons now include:
- Terminal or serious disease
- Serious cognitive impairment
- Serious functional or cognitive impairment requiring long-term care or supervision
- Condition that substantially diminishes ability to provide self-care
Age reasons now include:
- 65 or older, and has served at least 10 years
- Deteriorating physical or mental health related to aging
Family reasons now include:
- Death or incapacitation of only available caregiver of minor children
- Death or incapacitation of a spouse or partner, when the defendant is the only available caregiver
- Incapacitation of the defendant as the only available caregiver of a spouse or partner
The “change in law” category is the most controversial. The change in the law only applies if:
- The defendant has served at least 10 years
- There is a legal change and the defendant would receive a significantly lower sentence if sentenced today
- There is a “gross disparity” between the current sentence and what would be received today.
The Stats Don’t Lie
FY 2024 compassionate release statistics show we may finally be turning the corner. The latest data from the U.S. Sentencing Commission shows the rate of compassionate release approvals is going up.
FY 2024 had a 16.1% grant rate. This is an increase from the 13.8% grant rate in FY 2023. The interim data from Q2 of FY 2025 through June 30, 2024 is a 15.2% grant rate from the 1381 motions that have been analyzed.
This is on top of an overall 15.9% average grant rate for compassionate release since 2018.
But here’s the interesting part…
51.5% of the people who received compassionate release had original sentences of 20 years or more. This indicates that courts are willing to give longer sentences relief.
What Courts Are Looking For
Courts typically look for several things to grant compassionate release.
Multiple compelling reasons – Judges typically like to see multiple reasons instead of one extraordinary reason
Lots of documentation – Medical records, family circumstances, rehabilitation
Public safety – Courts have to be convinced the defendant is not a danger to the community
§ 3553(a) factors – The same sentencing factors the court considered at the original sentencing
The most common reasons for denial are: 1) failure to demonstrate extraordinary and compelling reasons, and 2) public safety.
Recent Trends You Should Know
COVID impact is fading. In the early days of the pandemic compassionate release courts were more lenient in terms of health concerns. It seems like we are reverting back to pre-pandemic standards.
Courts want to see evidence of rehabilitation. Courts are increasingly looking for people to show participation in programs, education, etc.
Age and health continue to be the strongest reasons. Medical circumstances and advanced age are still the most common and successful reasons for compassionate release.
Circuit splits are getting more entrenched. The split between courts accepting or rejecting the USSC amendments is not going to get resolved any time soon. Where you are matters more than ever.
Wrapping Up
Policy changes around compassionate release have created new opportunities and new challenges. While the USSC amendments in 2023 expanded the definition of extraordinary and compelling circumstances, the circuit court pushback means the outcome is often going to depend on where your case is.
The big takeaways?
With the right information, anyone can exponentially increase their chances of freedom. The 15.2% grant rate is proof that compassionate release is still a difficult mountain to climb, but recent trends suggest the bar is starting to come down a little.
With the proper strategy and understanding of current policy changes, more and more people can take advantage of these life-saving opportunities. The landscape is constantly shifting and the key is to stay informed about the latest developments when considering a compassionate release motion.