Federal prisoners may qualify for compassionate release under extraordinary and compelling circumstances. The United States Sentencing Commission has outlined guidelines to help determine when these circumstances exist, and the Federal Bureau of Prisons has policies to implement the law (18 U.S.C. § 3582(c)(1)(A)). One such circumstance is the compassionate release of terminally ill prisoners.
Table of contents
- Criteria for Terminal Medical Condition Compassionate Release
- Factors Considered in the Warden’s Review
- Approval Process for Compassionate Release of Terminally Ill Prisoners
- Compassionate Release Statistics
- Why You Need Competent Legal Counsel
- Compassionate Release of Terminally Ill Prisoners FAQs
Criteria for Terminal Medical Condition Compassionate Release
Terminal medical conditions are among the most significant reasons for compassionate release. According to the U.S. Sentencing Guidelines, a terminal illness is “a serious and advanced illness with an end-of-life trajectory.” A specific life expectancy isn’t necessary, but examples include metastatic solid tumors, ALS, end-stage organ disease, and advanced dementia.
The Federal Bureau of Prisons evaluates the inmate’s primary disease, prognosis, other serious medical conditions, and functional impairment. Although the inability to perform daily tasks isn’t required, the BOP may consider it when assessing the inmate’s risk of re-offending.
Factors Considered in the Warden’s Review
The Warden considers several factors when reviewing compassionate release of terminally ill prisoners’ requests, including:
- Nature of the offense.
- Percentage of time served.
- Any supervised release violations
- Any unresolved detainers.
The Federal Bureau of Prisons also considers the inmate’s personal history, criminal history, age, and institutional behavior, including disciplinary records.
These factors, outlined in BOP Program Statement 5050.50, are neither exclusive nor weighted but serve to assess whether the circumstances are extraordinary and compelling. Although the term “particularly” extraordinary and compelling isn’t required by law, it remains in the BOP’s policy.
Approval Process for Compassionate Release of Terminally Ill Prisoners
The process for compassionate release begins when the inmate submits a request to their Warden. A family member or attorney can also submit this request on behalf of the inmate. The Warden, in consultation with the institution’s Clinical Director, conducts a thorough review before making a decision. The Warden has significant discretion at this stage.
If the Warden approves the request, it moves to the Central Office, where the Office of General Counsel and the Medical Director review it. The General Counsel then sends the petition to the Federal Bureau of Prisons Director for a final decision.
If the Director approves the request, it is forwarded to the U.S. Attorney’s Office for the sentencing court, where a U.S. District Court judge makes the final decision. Most requests that reach this stage are granted, and the BOP arranges for the inmate’s release as soon as possible.
Compassionate Release Statistics
Between 2014 and 2018, Wardens received 817 applications for compassionate release based on terminal medical conditions. The approval rate for these applications was the highest among all categories, with 405 out of 817 receiving Warden approval. However, it’s unclear how many of these were ultimately approved by the BOP Director. During this period, the Director approved 306 out of 2,711 total applications.
Why You Need Competent Legal Counsel
While inmates and their families can submit compassionate release petitions independently, the role of a knowledgeable compassionate release lawyer is crucial. At The Criminal Center, we thoroughly review clients’ medical and personal circumstances, determine their eligibility, and draft a compelling request. Our expertise can make a significant difference when a loved one’s life is on the line.
Compassionate Release of Terminally Ill Prisoners FAQs
What is a compassionate release of terminally ill prisoners?
Compassionate release allows terminally ill prisoners to be released early. This process enables them to spend their remaining time in a more humane setting, such as with family or in a medical facility. The prisoner must submit a petition to the Warden, who, along with the Federal Bureau of Prisons, reviews the request before it is sent to the sentencing judge for a final decision.
What are the criteria for Terminal Medical Condition compassionate release?
To qualify, an inmate must fulfill the guidelines by having a terminal, incurable disease. The federal prison system typically requires its doctors to make these determinations.
How do I apply for compassionate release due to a terminal illness?
A detailed request with medical documentation should be submitted to the Warden, who has 30 days to render a decision per the First Step Act. If approved, the request undergoes multiple reviews, ultimately leading to a final decision by a U.S. District Court judge. Legal counsel is highly recommended for this process.
Can a private doctor provide a diagnosis or life expectancy determination?
While possible, the BOP relies on its staff physicians. However, a diagnosis from an outside doctor can support an inmate’s petition.
What factors does the Federal Bureau of Prisons consider in its assessment?
The Federal Bureau of Prisons considers the terminal illness, prognosis, impact of other conditions, and any functional impairment. Functional impairment, though not decisive, often influences the decision.
What are the chances of receiving compassionate release based on a terminal medical condition?
While the odds are generally low, terminal medical condition petitions have a higher success rate than other categories. From 2014 to 2018, 405 of 817 terminal condition requests received Warden approval, and the BOP Director ultimately approved 306.
What steps should be taken if a request is filed based on a terminal medical condition?
Begin by reviewing the compassionate release criteria and gathering all necessary documentation. The petition should then be drafted and submitted to the institution’s Warden.
Can an attorney assist with this process?
At The Criminal Center, we have a proven track record in compassionate release of terminally ill prisoners cases. We handle everything from gathering medical and personal background information to drafting and submitting the petition. We also monitor the review process and intervene when necessary, ensuring our clients have the best possible chance for success.
