Compassionate Release Under the First Step Act

When your family is dealing with a loved one in federal prison, you’re often forced to face problems you never imagined. Medical issues, changes in family circumstances, or a sudden emergency can turn an already difficult situation into something that feels unmanageable. That’s where compassionate release under the First Step Act comes into play.

As federal criminal defense lawyers in Miami, we regularly speak with families searching for real options—not false hope. Our job is to give you a clear view of how compassionate release works, who qualifies, and what you can realistically expect. We also explain where discretion lies, because federal judges—and not the Bureau of Prisons alone—now have the authority to act.

What the First Step Act Changed

Before the First Step Act, requests for compassionate release had to be routed entirely through the Bureau of Prisons (BOP). That meant the agency acted as the gatekeeper. If the BOP refused to file a motion—which it often did—your loved one had no meaningful way to get a court to review the request.

The First Step Act changed that through an amendment to 18 U.S.C. § 3582(c)(1)(A). Now:

  • A person in federal custody can file a motion directly with the sentencing court after exhausting administrative remedies or waiting 30 days after the warden receives their request—whichever comes first.
  • Judges have authority to consider the person’s extraordinary and compelling reasons, review their conduct, and evaluate whether a reduced sentence is appropriate.

This shift gave incarcerated individuals a real path to obtaining relief, especially where serious medical conditions, age-related decline, or urgent family circumstances exist.

What Counts as “Extraordinary and Compelling Reasons”?

This is the heart of any compassionate release motion. The phrase “extraordinary and compelling reasons” is defined by the Sentencing Commission’s policy statement in U.S. Sentencing Guideline § 1B1.13. Courts evaluate the circumstances case-by-case within the framework the Commission has established. The sentencing guidelines list several categories that judges recognize:

1. Serious Medical Conditions

If your loved one is facing a severe medical condition that substantially reduces their ability to care for themselves in a correctional facility, the court can consider compassionate release. Examples include:

  • Terminal illnesses
  • Advanced or aggressive cancers
  • Progressive neurological disorders
  • Severe organ failure
  • Significant mobility limitations
  • Conditions that the BOP cannot adequately address

We often see situations where the BOP’s treatment options are simply not enough. When medical records show that the prison cannot provide the necessary care—or when delays in treatment cause deterioration—courts may view the situation more favorably.

2. Age-Related Circumstances

Compassionate release is available for individuals who:

  • Are at least 65 years old
  • Have served at least 10 years or 75% of their sentence (whichever is less)
  • Show signs of aging that substantially diminish their ability to provide self-care in a prison environment

This is the age category the Sentencing Commission has expressly recognized in § 1B1.13. Older individuals can also qualify under other medical categories if their health problems are severe enough, even if they don’t fit this exact formula.

Age by itself is rarely enough, but age combined with declining health, cognitive impairment, or physical limitations often strengthens a motion.

3. Family Circumstances

Judges can consider situations where the incarcerated person is the only available caregiver for a family member. This typically includes:

  • A minor child with no other realistic caregiver
  • A spouse or partner who is incapacitated
  • A parent with serious health problems when no one else is able to assume care

Courts look closely at documentation here. Judges want to see medical records, affidavits, and concrete proof of the caregiving need—not just hardship or inconvenience.

4. Other Serious and Compelling Factors

The Sentencing Commission’s policy statement recognizes additional circumstances that may qualify as extraordinary and compelling. Recent amendments to the guidelines have expanded these categories to include situations such as:

  • Severe mistreatment or neglect within a facility
  • Serious risks arising from a combination of medical issues
  • Rehabilitation combined with other compelling factors

In some cases, especially outside the Eleventh Circuit, courts have considered unusually long sentences and non-retroactive changes in the law as part of the extraordinary-and-compelling analysis. How much weight those arguments carry depends heavily on the circuit and the specific judge.

Important for Miami Federal Cases: In the Eleventh Circuit, federal judges must apply the Sentencing Commission’s policy statement in § 1B1.13 when deciding compassionate release motions. Recent amendments to that guideline have expanded the list of recognized “extraordinary and compelling” reasons, which gives judges here in Miami more room to grant relief—but their discretion still operates within the categories and structure the Commission has set.

While rehabilitation alone cannot justify compassionate release, it often influences how judges evaluate the overall picture.

COVID-19 and the Evolution of Compassionate Release

During the height of the pandemic, federal courts saw a dramatic rise in compassionate release filings. Many motions were based on a combination of the person’s medical conditions and the elevated risk of severe illness.

Although the landscape has shifted, courts still consider COVID-19 when an incarcerated person has:

  • Immune system disorders
  • Serious respiratory conditions
  • Cancer undergoing active treatment
  • Other conditions that increase vulnerability

COVID-19 is no longer a standalone basis for compassionate release, but it can strengthen a motion when combined with other medical issues.

How the Process Works

While every case is different, the process for seeking compassionate release generally follows a set sequence of steps.

Step 1: Administrative Request to the Warden

Your loved one must first submit a written request to the warden outlining the reasons for compassionate release. This starts the clock.

The BOP then has two options:

  • Respond within 30 days
  • Fail to respond or deny the request

After 30 days from the warden’s receipt of the request, or after exhausting all administrative appeals (whichever comes first), your loved one can move to the next step.

Step 2: Filing the Motion in Federal Court

This is where our firm typically becomes involved. We gather:

  • Medical records
  • Expert statements when needed
  • Documentation of family circumstances
  • Evidence of rehabilitation
  • Records of disciplinary history

We build the narrative, present the legal arguments, and address the sentencing factors under 18 U.S.C. § 3553(a)—because judges must consider public safety and the original sentencing goals, along with ensuring the reduction is consistent with the Sentencing Commission’s policy statement.

Step 3: Government Response

The U.S. Attorney’s Office will file a written response. Their opposition often focuses on:

  • Public safety
  • The seriousness of the offense
  • Alleged insufficiency of the medical or family evidence
  • Concerns about fairness compared to similarly situated offenders

We prepare for these arguments from the beginning.

Step 4: The Judge’s Decision

Some judges hold hearings; others rule based solely on written submissions. Relief may take the form of:

  • Immediate release
  • Supervised release
  • A reduced sentence with conditions

If the motion is denied, the court may do so with or without prejudice. A denial without prejudice allows for another motion to be filed. Even a denial with prejudice may allow future filings if conditions materially change or new extraordinary circumstances develop.

What Judges Look For

Federal judges examine several themes across all compassionate release cases:

1. Strong, Well-Documented Evidence

Medical records, diagnostic reports, therapist letters, caregiving affidavits, and facility records all matter. Unsupported claims rarely succeed.

2. A Demonstrated Plan for Release

Courts want to know:

  • Where your loved one will live
  • What medical care they will receive
  • How they will financially support themselves
  • Whether they’ll have supervision or family support nearby

A release plan that addresses these areas strengthens the request.

3. Conduct While Incarcerated

Disciplinary problems can undermine even strong medical arguments. Positive programming, steady employment, and educational achievements help establish readiness for release.

4. The Original Offense

Judges weigh the seriousness of the offense and the harm caused. Violent offenses or large-scale drug cases face higher scrutiny, though they are not automatically disqualified.

5. Public Safety

If the court believes your loved one poses no meaningful danger to others, that opens the door to a more favorable ruling.

Common Myths About Compassionate Release

  • “The BOP has to approve it.”
    Not anymore. The First Step Act shifted this authority to federal judges.
  • “Only terminally ill prisoners qualify.”
    Medical decline, age, severe disability, and family caregiving needs can all qualify.
  • “My loved one has already filed once; they can’t file again.”
    A denial without prejudice allows for another filing. Even a denial with prejudice may allow future filings if conditions materially change.
  • “Rehabilitation is enough.”
    Rehabilitation is a supporting factor—not a standalone basis.

Why Many Motions Fail

We see families attempt compassionate release motions on their own, only to be denied because:

  • The motion lacked supporting records
  • The release plan was incomplete
  • The argument failed to address § 3553(a) or demonstrate consistency with § 1B1.13
  • The filing didn’t show how the circumstances were extraordinary
  • The government framed the request as inconsistent with public safety

These motions require careful preparation. Courts need a fully developed picture—not just a plea for relief.

How We Approach These Cases

As Miami federal criminal defense attorneys, we approach compassionate release motions the same way we approach sentencing: strategically, fact-driven, and comprehensive.

Our process includes:

  • Coordinating with medical providers
  • Obtaining and reviewing BOP treatment logs
  • Helping families compile caregiving evidence
  • Drafting a detailed release plan
  • Presenting the client’s rehabilitation efforts
  • Crafting legal arguments tailored to the assigned judge’s prior rulings and to the framework established in the Eleventh Circuit

Every judge interprets the categories within § 1B1.13 slightly differently. Knowing those approaches helps us refine the motion for the best possible outcome.

When Should You Contact a Lawyer?

If your loved one is struggling with a serious medical condition, has experienced a significant change in family responsibilities, or is dealing with age-related decline, it’s time to explore compassionate release.

Early involvement allows us to:

  • Guide the administrative request
  • Help you gather the right evidence
  • Preserve arguments for court
  • Prepare a release plan that strengthens the motion

Waiting until the last minute often means losing time you can’t get back.

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