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”?

A compassionate release motion must establish an extraordinary and compelling reason for a sentence reduction. U.S. Sentencing Guideline § 1B1.13 sets out the recognized grounds, subject to controlling court decisions. The categories include:

1. Serious Medical Conditions

Medical grounds can include a terminal illness; a serious condition or impairment that substantially limits self-care in prison and from which the person is not expected to recover; or a condition requiring long-term or specialized care that is not being provided, creating a risk of serious decline or death.

A diagnosis alone does not settle whether someone qualifies. Medical records should explain the condition, its likely course, the care needed, and how it affects the person in custody.

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)
  • Are experiencing serious deterioration in physical or mental health because of the aging process

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

Family circumstances may qualify when:

  • The caregiver of the person’s minor child dies or becomes incapacitated. This also covers an adult child who cannot care for themselves because of a disability or medical condition.
  • The person’s spouse or registered partner becomes incapacitated, and the incarcerated person would be the only available caregiver.
  • The person’s parent becomes incapacitated, and the incarcerated person would be the only available caregiver.
  • Similar circumstances affect another immediate family member, or someone with a comparable family relationship, and the incarcerated person would be the only available caregiver.

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 policy statement also recognizes certain cases of sexual abuse or physical abuse causing serious bodily injury while a person is in custody, committed by or at the direction of someone with custody or control over them. This category has specific proof requirements. Other circumstances, alone or together, may qualify if they are comparable in seriousness to the listed medical, age, family, or abuse grounds.

Changes in sentencing law require separate care. In Rutherford v. United States, the Supreme Court held that when Congress chooses not to make a sentencing amendment retroactive, the resulting sentencing gap cannot establish an extraordinary and compelling reason for compassionate release, either alone or combined with other factors.

Federal judges in Miami must apply the governing statute, the applicable provisions of § 1B1.13, and controlling court decisions. Rehabilitation may support a motion when combined with other qualifying circumstances, but it cannot establish eligibility by itself.

Some people may qualify for a separate sentence reduction under the retroactive provisions of Amendment 821. That process has its own eligibility rules and does not require proof of extraordinary and compelling circumstances.

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.

General concern about COVID-19 does not establish eligibility. The guideline’s infectious-disease provision addresses an ongoing outbreak or declared public health emergency affecting, or threatening to affect, the facility. The person must face an increased risk of severe complications or death because of their health and custody conditions, and that risk must be one the facility cannot adequately reduce in time.

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 decide motions on the written submissions. A judge may shorten the prison term or reduce it to time served. The court may also impose supervised release with conditions in place of some or all of the remaining prison time, subject to the statute’s limits.

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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