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BOP Issues New Compassionate Release Guidelines

By Jeralyn, Section Inmates and Prisons
Posted on Tue Aug 13, 2013 at 03:38:10 PM EST
Tags: compassionate release (all tags)
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Graphic from Human Rights Watch report

The Bureau of Prisons has issued new compassionate release guidelines. Dated August 12, 2013, they are available on the BOP website here.

The policy addresses release under both 18 U.S.C. 4205(g) and 18 U.S.C. 3582©(1)(A) (pre and post-1987 sentences).

18 U.S.C. 4205(g) was repealed effective November 1, 1987, but remains the controlling law for inmates whose offenses occurred prior to that date.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©(1)(A).

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Additions include:

  • Criteria regarding requests based on medical circumstances.
  • Criteria regarding requests based on non-medical circumstances for elderly inmates.
  • Criteria regarding requests based on non-medical circumstances in which there has been the death or incapacitation of the family member caregiver of an inmate’s child.
  • Criteria regarding requests based on non-medical circumstances in which the spouse or registered partner of an inmate has become incapacitated.
  • A list of factors that should be considered for all requests.
  • Information regarding the electronic tracking database.

For terminal medical conditions:

Terminal Medical Condition. RIS (Reduction in Sentencce) 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.

There are procedures for early release of some prisoners who are 65 and older, as opposed to 70.

Requests must first be submitted to the Warden of the institution. There are a lot of steps and hoops before the Warden makes a recommendation and even after, until the request is approved or denied by the Director of the BOP.

If the request is approved:

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 red