What Changed with the First Step Act
Before 2018, federal compassionate release was rarely used because only the Bureau of Prisons could bring a motion — and the BOP almost never did, even for terminally ill prisoners. The First Step Act of 2018 fundamentally changed this by allowing prisoners to file compassionate release motions directly with their sentencing court, bypassing BOP inaction. Since that change, compassionate release motions have become a meaningful legal tool. Courts granted thousands of compassionate release motions during the COVID-19 pandemic, and the legal standards developed during that period have expanded the doctrine beyond purely medical cases.
Who Qualifies: Extraordinary and Compelling Reasons
The statutory standard for compassionate release is "extraordinary and compelling reasons" — a phrase the Sentencing Commission's guidelines have interpreted to include several categories. Terminal illness with a life expectancy of 18 months or less is the most clearly qualifying medical condition. Serious physical or medical conditions that substantially diminish the ability to provide self-care in a prison environment and from which there is no reasonable expectation of recovery also qualify. A serious functional or cognitive impairment, or deteriorating physical or mental health because of the aging process, can qualify if the condition substantially diminishes self-care ability.
Non-medical grounds have also been recognized. The death or incapacitation of the only available caregiver for the prisoner's minor children or a spouse or registered partner can qualify. Courts have also recognized significant rehabilitation, combined with other factors, as contributing to extraordinary and compelling circumstances. The Sentencing Commission's 2023 amendments expanded the grounds to include, among other things, unusually long sentences where there has been a subsequent change in law and the defendant has served at least 10 years.
The Process: BOP Request First
Before filing a compassionate release motion with the court, you must first request relief from the Bureau of Prisons warden. Submit a written request to the warden explaining the extraordinary and compelling circumstances you are relying on and requesting that the BOP file a motion on your behalf. The BOP has 30 days to respond. If the warden denies the request, or if 30 days pass without a response, you are then entitled to file directly with the sentencing court — you do not need to wait longer or exhaust further BOP remedies.
Keep a copy of everything you submit to the BOP and document when you submitted it. The exhaustion requirement is jurisdictional in some circuits, meaning courts will dismiss a motion filed without exhausting BOP remedies first. Following the procedural steps exactly protects your ability to have the court consider your motion on the merits.
What Courts Actually Consider
Beyond the extraordinary and compelling circumstances showing, courts must also consider the sentencing factors under 18 U.S.C. § 3553(a) — the same factors applied at the original sentencing. Courts look at the nature and circumstances of the offense, the history and characteristics of the defendant, the need for the sentence to reflect the seriousness of the offense, deterrence, and protection of the public. A strong showing of rehabilitation, a clean disciplinary record, programming completed while incarcerated, community support, and a detailed release plan all strengthen a compassionate release motion.
Courts also consider the danger the defendant poses to the community — someone with a history of violence faces a higher bar than someone convicted of a non-violent offense. The combination of compelling health circumstances, demonstrated rehabilitation, and a concrete and realistic release plan gives compassionate release motions the strongest chance of success.
How to File the Motion
After exhausting BOP remedies, file a motion in the sentencing court — the federal district court that originally sentenced you. The motion should attach documentation of the extraordinary and compelling circumstances (medical records, BOP denial, relevant correspondence), explain the § 3553(a) factors and why they support release, describe the proposed release plan (where you will live, medical care arrangements, employment or support), and include letters of support from family, community members, or clergy if available.
You can file this motion pro se, but the quality of the legal argument and documentation matters significantly. If you have access to a federal public defender (some districts have post-conviction units that handle compassionate release), a prison reentry legal organization, or a pro bono attorney, that help can meaningfully strengthen your motion.