Compassionate Release: A Second Chance

Compassionate release allows a judge to reduce a person's prison sentence for "extraordinary and compelling reasons". The compassionate release law, 18 U.S.C. § 3582(c)(1)(A), was part of the Sentencing Reform Act of 1984.

• Before 2018: Only the Federal Bureau of Prisons (BOP) could ask the judge to reduce a sentence for compassionate release.
• First Step Act of 2018: This law changed compassionate release to let people in prison ask the judge directly for a reduced sentence.

• Justice: Sometimes, people are given very long sentences that are much harsher than what people would get for the same crime today. Compassionate release can help make things fairer.
• Mercy: It allows people to be released from prison in difficult situations, like if they are dying or need to care for a sick family member.
• Saving Money: Keeping people in prison is expensive. Compassionate release can save money if it is safe to release someone.

1. Request: A person in prison, their family, or their lawyer asks the warden of the prison for compassionate release.
2. Warden's Decision: The warden can approve or deny the request.
3. BOP Review: If the warden approves the request, the BOP reviews it and can still deny it.
4. Going to Court: If the BOP denies the request, the person can ask the court directly.
5. Judge's Decision: The judge decides if there are "extraordinary and compelling reasons" to reduce the sentence. They also consider if releasing the person is safe and fair based on things like the crime, the person's behavior in prison, and their plan after release.

The law doesn't give a complete list of reasons, and judges have a lot of leeway to decide. Here are some examples:

• Serious Illness: If someone is terminally ill or has a serious medical condition that the prison can't treat properly.
• Elderly: Older people who are not a danger to others may be eligible.
• Family Needs: If someone needs to be the sole caregiver for a sick spouse or child.
• Sentencing Disparities: If someone received a much longer sentence than they would get if sentenced today for the same crime.
• Rehabilitation: A person showing they've changed their life and are no longer a danger.
• Challenges and Debates
• Defining "Extraordinary and Compelling": Judges across the country don't always agree on what counts as a good reason for compassionate release.
• Consistency: It's important that similar cases are treated in similar ways, no matter which judge hears the case.
• Role of the Sentencing Commission: This group is supposed to provide guidance to judges on what "extraordinary and compelling reasons" mean. But they haven't been able to update their guidelines since the First Step Act, which has led to confusion.

Compassionate release is becoming more important as people realize that long prison sentences aren't always the best solution. The Sentencing Commission needs to provide clearer guidelines to judges, and judges need to use their power fairly and thoughtfully. Compassionate release has the potential to make the justice system more just and humane.