"Compassionate release" guideline amendment
proposed by U.S. Sentencing Commission
On April 18, the United States Sentencing Commission voted unanimously to approve a new policy statement to instruct judges considering whether to reduce a prisoner's sentence for extraordinary and compelling reasons, also sometimes know as "compassionate release" motions. This proposed guideline amendment would substantially expand the grounds for reduction of sentence under 18 USC § 3582(c)(1)(A)(i).
The proposed guideline amendment is a victory for advocates. For a number of years, FAMM and other organizations have urged the United States Sentencing Commission to adopt a policy statement on “compassionate release” motions that recognizes conditions other than the disabling illness or imminent death of the prisoner. FAMM, the National Association of Criminal Defense Lawyers (NACDL), the Practitioner's Advisory Group, the Federal Public Defenders and other organizations most recently endorsed the American Bar Association's recommendations, which the U.S. Sentencing Commission also recognized when announcing the proposed amendment.
The proposed new policy states in pertinent part that:
(A) Extraordinary and Compelling Reasons: Provided that the defendant meets the requirements of subdivision (2) [the defendant is not a danger to the safety of any person or to the community] such reasons "exist under any of the following circumstances:
(i) the defendant is suffering from a terminal illness;
(ii) the defendant is suffering from a permanent physical or medical condition, or is experiencing deteriorating physical or mental health because of the aging process, that substantially diminishes the ability of the defendant to provide self-care within the environment of a correctional facility for which conventional treatment promises no substantial improvement;
(iii) the death or incapacitation of the defendant's only family member capable of caring for the defendant's minor child or minor children; or
(iv) as determined by the Director of the Bureau of Prisons, there exists in the defendant's case an extraordinary and compelling reason other than, or in combination with, the reasons described in subdivisions (i), (ii) and (iii).
(B) Rehabilitation of the Defendant - Pursuant to 28 USC § 994(t), rehabilitation of the defendant is not, by itself, an extraordinary and compelling reasons for purposes of subdivision (1)(A).
Next steps
Proposed amendments and policy statements are sent to Congress on May 1. Unlike guidelines amendments, policy statements do not have to wait for Congressional approval. That said, it is unclear if the new policy will go into effect on May 1 or November 1. FAMM will keep you informed on the compassionate release and other proposed guideline amendments on our website and in email alerts.
It is important to remember that the policy statement does not change the fact that only the Bureau of Prisons can make a motion for a sentence reduction. That said, the BOP, under 18 U.S.C. § 3582(c)(1)(A)(i) can move for sentence reduction for extraordinary and compelling reasons if it finds the reason exists and the reduction is consistent with applicable policy statements of the Sentencing Commission.