Article provided by: Prison Professors

Motion For Compassionate Release

Motion For Compassionate Release

Compassionate release is a feasible way for those inmates who have been behind the bars for very long. So, what is compassionate release? And how to start a motion or compassionate release? Learn all there is to know about compassionate release through this brie guide.

What Is Compassionate Release?

Compassionate release is a program that comes under The Federal Bureau Of Prisons (BOP). Under this program, the eligible inmates are granted an early release from prison or are given a sentence reduction. The program demands “compelling or extraordinary” circumstances that were unforeseen at the time of initial sentencing.

Who Is Eligible For Compassionate Release?

The compassionate release support comes under the U.S. Code Title 18 under Section 3582. But this release program clashes with the main objective of the BOP that requires them to secure prisoners and ensure the safety of society.

The very reason that makes the compassionate release a complicated process is that only the director of BOP can initiate the motion for compassionate release. Only under severe circumstances will a BOP director grant the prisoner compassionate release. These reasons include:

  • The inmate has been diagnosed with a terminal or incurable illness.
  • The prisoner is suffering from a debilitating disease. The prisoner is 65 years of age and has completed 50% of the sentence.
  • The person taking care of the inmate’s children or family dies.
  • The spouse of the incarcerated person becomes incapacitated.

How To Apply For A Compassionate Release?

As mentioned earlier, only the director of the BOP has the power to set your compassionate release in motion. So, how do I get a compassionate release?

The best way is to reach the warden and in his early release template letter to the warden, the inmate must state his situation and how his circumstances have changed throughout his sentence. If the warden agrees that the inmate's compassionate letter has value, he may send a recommended letter to the BOP director in your favor which will give leverage to your compassionate request.

What Should Be Included In The Compassionate Release?

With various compassionate release examples online, you can get a clear idea about what to include in the compassionate letter. Generally, the letter must contain the following documents:

  • A statement that states that the inmate is demanding a compassionate release.
  • The specific provision the application is being made under.
  • How the prisoner met the criteria for compassionate release.
  • The background information on the inmate's personal life.
  • The prisoner's release plan.

How The Right Lawyer Can Give You The Best Chance

Most inmates are not familiar with the Bureau Of Prison's policy and have no idea what compassionate release templates look like. Besides, court and law matters can be a bit complicated and with the right attorney helping you out, things might turn out in your favor.

We at Prison Professors understand your situation and we work closely with our clients to help them file for a compassionate release. We help our clients in collecting all the relevant information and in acquiring all the documents needed to file for a compassionate release.

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