Compassionate Release Grounds.

Yes, compassionate release can reduce a federal sentence. Compassionate release is a statutory provision that allows for an existing federal prison sentence to be reduced, sometimes by significant amounts, after a post-sentencing development makes continued incarceration inappropriate, unjust, or otherwise unnecessary. In federal courts, the governing statutory provision for compassionate-release sentence reductions is 18 U.S.C. § 3582(c)(1)(A). Under 18 U.S.C. § 3582(c)(1)(A), a court may reduce a term of imprisonment if it finds that extraordinary and compelling reasons warrant the reduction, or if the defendant is at least 70 years old, has served at least 30 years in prison pursuant to a sentence imposed under 18 U.S.C. § 3559(c), and the defendant is not a danger to the safety of any other person or the community, as provided in 18 U.S.C. § 3142(g). However, 18 U.S.C. § 3582(c)(1)(A) does not stand alone; its application requires consideration of the sentencing guidelines as well, most notably 18 U.S.C. § 3553(a) and the applicable Sentencing Commission policy statements. In practice, obtaining a compassionate-release sentence reduction requires satisfaction of three separate requirements: - First, a qualifying “extraordinary and compelling” circumstance or reason must exist. While 18 U.S.C. § 3582(c)(1)(A) does not define the term “extraordinary and compelling,” the Sentencing Commission’s Compassionate Release Policy Statement (U.S.S.G. § 1B1.13) offers a non-exhaustive list of circumstances that judges may find qualify for compassionate release (including medical conditions, familial circumstances, and unique effects of the COVID-19 pandemic).

• Second, the request must procedurally comply with 18 U.S.C. § 3582(c)(1)(A) as amended by the First Step Act of 2018. While seeking a compassionate-release sentence reduction does not require a full-blown re-sentencing proceeding, there are still formal requirements to follow, and the defendant’s legal team must present persuasive evidence and legal arguments to the court.
• Third, the reduction must be supported by the sentencing factors outlined in 18 U.S.C. § 3553(a). Even where extraordinary and compelling circumstances warrant a reduction, the ultimate authority on sentencing in federal court is 18 U.S.C. § 3553(a), and if the request is inconsistent with its purposes and goals, it must be denied.

Which medical, age, family, and combined circumstances qualify under § 1B1.13?

Section 1B1.13 of the Sentencing Commission’s Compassionate Release Policy Statement lists several categories of circumstances that may warrant compassionate release. Specifically, U.S.S.G. § 1B1.13 describes circumstances in the categories of: (i) medical circumstances; (ii) age; (iii) family circumstances; (iv) victims of abuse; (v) “other” reasons; and (vi) unusually long sentences that may support compassionate release. It also describes circumstances combining two or more of these factors that may support a compassionate-release sentence reduction. Each of these circumstances must be “extraordinary and compelling,” and each will require specific evidence and argument tailored to the unique circumstances at hand. The following are examples of specific circumstances listed under each of these categories that may support a federal defendant’s compassionate release: - Terminal illness or other serious medical conditions that substantially diminish a defendant’s ability to provide self-care within a correctional facility and from which the defendant is not expected to recover could support compassionate release. Examples of such medical conditions include heart disease, cancer, sickle cell anemia, dementia, and other terminal or debilitating conditions.

• Age may also be a ground for compassionate release, though the Sentencing Commission’s Compassionate Release Policy Statement expressly provides that “(2) AGE OF THE DEFENDANT.-The defendant (A) is at least 65 years old; (B) is experiencing a serious deterioration in physical or mental health because of the aging process; and (C) has served at least 10 years or 75 percent of his or her term of imprisonment, whichever is less.” In addition to being sixty-five years or older at the time of the compassionate release request, defendants who seek compassionate release on the basis of their age must also show that they have experienced serious deterioration in physical or mental health because of the aging process and that they have served either “10 years or 75 percent” of the sentence they would have received if the compassionate-release conditions had been known at the time of sentencing.

What records prove a qualifying ground and a workable release plan?

To build a compelling case for compassionate release based on medical grounds, medical motions should include pertinent medical records and professional evaluations. This evidence needs to clearly establish that the defendant’s health-related condition meets the statutory standard for “extraordinary and compelling,” and not merely that the defendant is sick or disabled. For age-related compassionate release requests, defendants will need to demonstrate under U.S.S.G. § 1B1.13(b)(2) that they are at least sixty-five years old, have experienced serious deterioration in physical or mental health because of aging, and have served at least 10 years or 75 percent of the term of imprisonment, whichever is less. With motions focused on family-based grounds, documentation should focus on the death, incapacity, or need of the caregiver(s) for whom the defendant would be the sole or primary person responsible for care. These documents must also demonstrate that there are no alternative options available to satisfy the caregiver’s needs (such as adult day care centers, other family members, or government agencies). The defendant’s compassionate-release motion must also include a description of the post-release plan that the defendant will follow if the court decides to grant a reduction. This must include information regarding housing and employment. It also needs to include details regarding the defendant’s proposed treatment plan (if applicable), as well as the financial support that the defendant will need for living expenses and other needs during his or her continued adjustment to freedom. The institutional records maintained in the defendant’s Bureau of Prisons (BOP) file can serve as a helpful tool for demonstrating a record of discipline and conduct during the defendant’s term of imprisonment. While not dispositive, institutional records, along with letters from family members, friends, former employers, and other members of the community, can help address many of the factors analyzed under 18 U.S.C. § 3553(a), including the defendant’s nature, character, and ties to the community. We use these and other types of evidence to build a complete compassionate-release case.

When can a defendant file, who decides, and what relief can the court order?

Under the First Step Act of 2018, defendants seeking compassionate release must first request compassionate release from their facility warden. They may file a motion with the sentencing district court after fully exhausting administrative rights or after 30 days have lapsed from the warden’s receipt of the request, whichever is earlier. The First Step Act states: “A defendant may file a motion after the defendant has fully exhausted all administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on the defendant’s behalf or the lapse of 30 days from the receipt of such a request by the warden of the defendant’s facility, whichever is earlier.” The statute does not require the defendant to file within 30 days; it permits filing after the lapse of 30 days from the warden’s receipt of the request, whichever is earlier. As stated by the Department of Justice’s Correctional Programs Branch, “the lapse of 30 days from the receipt of such a request by the warden of the defendant’s facility, whichever is earlier” While not a definitive bar, the timing of a defendant’s compassionate release request can raise questions regarding procedural compliance with 18 U.S.C. § 3582(c)(1)(A) and the U.S.S.G. Compassionate Release Policy Statement.

As a result, our attorneys take a thorough approach to both the filing and processing of compassionate release motions. We seek all possible avenues to obtain the sentence reduction you or your loved one deserves.

Who decides whether to grant compassionate release?

As set forth by 18 U.S.C. § 3582(c)(1)(A), the sentencing district court has the authority to grant a compassionate-release sentence reduction. The Bureau of Prisons also has the authority to file compassionate-release motions on behalf of defendants through its Director, without requiring the consent of the defendant’s counsel.

In either case, if the requested relief is granted, the court will order that the defendant’s existing sentence be reduced. This may result in the defendant’s release on personal recognizance or a reduction in the sentence remaining to be served in prison.

Are Florida’s 33-day, 80/20, COVID, and old BOP rules controlling?

The term “Florida’s 33-day rule” appears neither in the U.S.S.G. nor in any of the federal statutes, regulations, or cases that govern compassionate release. We also found no indication of an “eighty-twenty rule” specifically applicable to lawyers representing defendants in compassionate release proceedings. The term “eighty-twenty” may appear in discussions surrounding sentencing disparities or other aspects of federal sentencing law, but we are unable to confirm a general rule or precedent specifically called the “eighty-twenty rule.”

Regarding the criteria cited above, we found that these were former BOP standards for determining when compassionate release was warranted. These standards, along with similar standards formerly used by the Bureau of Prisons, do not currently operate as universal statutory or policy-based requirements for compassionate release.

Sentencing disparities are still recognized as potentially supporting compassionate-release sentence reductions, but defendants must still meet several conditions under circuit precedent and U.S.S.G. § 1B1.13.

While the COVID-19 pandemic may cause generalized concerns, it does not automatically establish extraordinary and compelling reasons supporting compassionate release. The impact of the pandemic has varied widely across both the general population and incarcerated individuals; and as a result, the COVID-19 pandemic will need to be shown to directly affect a particular defendant’s health in a significant and Extraordinary and Compelling way.

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