Compassionate Release Under 18 U.S.C. § 3582
By Rebecca Klein
Compassionate release allows sentence reduction for extraordinary and compelling reasons. Since the First Step Act of 2018, defendants can file motions directly in court after exhausting administrative remedies with the Bureau of Prisons.
Administrative Exhaustion
Before filing in court, defendants must either:
- Submit a request to the BOP Warden and receive a denial, OR
- Wait 30 days after the Warden receives the request without response
This exhaustion requirement is strictly enforced by most circuits, though some courts have found it to be a non-jurisdictional claim-processing rule.
Qualifying Grounds
Courts have recognized several categories of extraordinary and compelling reasons:
Medical Conditions
- Terminal illness with life expectancy of 18 months or less
- Serious physical or medical condition that substantially diminishes the ability to provide self-care
- Conditions not adequately treated in BOP facilities
Age-Related Factors
- Defendants over 65 who have served at least 10 years or 75% of their sentence
- Age-related deterioration that limits daily functioning
Family Circumstances
- Death or incapacitation of the caregiver of minor children
- Incapacitation of a spouse or partner requiring the defendant's care
The § 3553(a) Analysis
Even when extraordinary circumstances exist, courts must evaluate the § 3553(a) factors before granting relief:
- Nature and seriousness of the offense
- Criminal history
- Need to protect the public
- Post-sentencing rehabilitation
Post-sentencing rehabilitation alone is insufficient to justify compassionate release, but it may support other qualifying grounds and demonstrate reduced recidivism risk.
Compassionate release motions require thorough documentation and compelling advocacy.