WHAT IS COMPASSIONATE RELEASE?
What is compassionate release?
18 U.S.C. § 3582(c)(1)(A), the compassionate release statute, was introduced into law by the Sentencing Reform Act of 1984. But, until the First Step Act was signed into law in December 2018, only the Director of the U.S. Bureau of Prisons was legally authorized to file a compassionate release motion and only based on extenuating medical, personal, familial hardship or age-related circumstances.
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The First Step Act changed both the procedure for the filing of compassionate release motions and the grounds upon which compassionate release motions may be based. Thus, today, any defendant may file a compassionate release motion, which may be based on virtually any “extraordinary and compelling reasons” for a sentence reduction, including any combination of factors that collectively amount to "extraordinary and compelling reasons" for a sentence reduction.
Who can file a compassionate release motion?
Any offender serving a federal prison sentence can file a compassionate release motion, not just those who are elderly/infirm and/or suffering from serious medical conditions. Even those serving life sentences or mandatory minimum prison terms are eligible for compassionate release.
What are the four principal elements of any compassionate release motion?
A defendant filing a compassionate release motion must: (1) exhaust his/her BOP administrative remedies; (2) establish that there are "extraordinary and compelling reasons" for a sentence reduction; (3) establish that the 18 U.S.C. § 3553(a) sentencing factors favor a sentence reduction; and (4) establish that s/he does not present a danger to any individual or the community.
What are "extraordinary and compelling reasons" for a sentence reduction?
While previously limited to medical condition, age and family circumstances, no limits exist today as to the "extraordinary and compelling reasons" upon which a sentence may be reduced. In other words, federal judges are permitted to consider just about any argument that there are "extraordinary and compelling reasons" for a sentence reduction, even a combination of reasons. Relatedly, federal judges have broad discretion to determine whether "extraordinary and compelling reasons" for a sentence reduction exist. And, federal judges need not rely on any single factor in determining whether "extraordinary and compelling reasons" for a sentence reduction exist. Rather, they can find that any number of factors, considered collectively, amount to "extraordinary and compelling reasons" for a sentence reduction.
Is rehabilitation an "extraordinary and compelling" reason for a sentence reduction?
Yes and no. 28 U.S.C. § 994 prohibits courts from reducing a defendant's sentence based on the defendant's rehabilitation "alone." But, courts are permitted to consider a defendant's rehabilitation as one of numerous factors that collectively amount to "extraordinary and compelling reasons" for a sentence reduction.
What are the 18 U.S.C. § 3553(a) factors that courts must consider in deciding compassionate release motions?
If a court finds that there are "extraordinary and compelling reasons" for a sentence reduction, it must consider the 18 U.S.C. § 3553(a) sentencing factors in determining how much to reduce a defendant's sentence, including: (1) the nature and circumstances of the offense; (2) the history and characteristics of the defendant; (3) the need for the sentence to reflect the seriousness of the offense, to promote respect for the law and to provide just punishment for the offense; (4) the need for the sentence to afford adequate deterrence to criminal conduct; (5) the need for the sentence to protect the public from further crimes by the defendant; (6) the need for the sentence to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment; (7) the need to avoid unwarranted sentencing disparities among defendants with similar records who have been found guilty of similar conduct; (8) the sentencing range under the United States Sentencing Guidelines; and (9) any pertinent policy statement issued by the United States Sentencing Commission.
Do limits exist on how much a sentence can be reduced?
No. Judges have the discretion to reduce a defendant's sentence to as low as time served.
Can a judge reduce a mandatory minimum sentence?
Yes.
Can a judge reduce a life sentence?
Yes.
What is Section 1B1.13?
Section 1B1.13 of the United States Sentencing Guidelines is the policy statement adopted by the U.S. Sentencing Commission that identifies what "extraordinary and compelling reasons" warrant a sentence reduction. It is binding on compassionate release motions filed by the Director of the BOP. But it does not bind or restrict the power of federal judges to grant sentence reductions.
Can the denial of a compassionate release motion be appealed?
Yes. But, because appellate courts review compassionate release decisions on an "abuse of discretion" standard, very few, if any, compassionate release denials will ever be reversed on appeal.