Tag: compassionate release

BOP Issues New Compassionate Release Guidelines

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18 U.S.C. 4205(g) was repealed effective November 1, 1987, but remains the controlling law for inmates whose offenses occurred prior to that date.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

Update 8/9/13: The Judge denied Lynne's request in a 25 page ruling, saying he had no authority to act without a request from BOP. If BOP reconsiders its denial and riles a request, he seems ready to grant it.

Criminal defense lawyer Lynne Stewart, serving a 10 year sentence for a terrorism related offense, is dying of cancer. The Bureau of Prisons denied her request for compassionate release. Today, the federal judge who sentenced her will hear her motion for immediate conditional release.

Her brief in support of her motion, which explains her condition and the grounds for release, is here. The Government says the judge has no authority to order her release because only the Bureau of Prisons can seek court action on a compassionate release request. (To be continued this afternoon.)

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