Compassionate Release/Reduction in Sentence (“RIS”): Procedures for Implementation of 18 U.S.C. §§ 3582(c)(1)(A) and 4205(g)
A motion for a modification of a sentence will be made to the sentencing court only in particularly extraordinary or compelling circumstances that could not reasonably have been foreseen by the court at the time of sentencing.
REQUESTS BASED ON MEDICAL CIRCUMSTANCES
a. Terminal Medical Condition. RIS consideration may be given to inmates who have been diagnosed with a terminal, incurable disease and whose life expectancy is eighteen (18) months or less.
b. Debilitated Medical Condition. RIS consideration may also be given to inmates who have an incurable, progressive illness or who have suffered a debilitating injury from which they will not recover. The BOP should consider a RIS if the inmate is completely disabled, meaning the inmate cannot carry on any self-care and is totally confined to a bed or chair; or capable of only limited self-care and is confined to a bed or chair more than 50% of waking hours.
REQUESTS BASED ON NON-MEDICAL CIRCUMSTANCES – ELDERLY INMATES
a. “New Law” Elderly Inmates. Inmates sentenced for an offense that occurred on or after November 1, 1987 (e.g., “new law”), who are age 70 years or older and have served 30 years or more of their term of imprisonment.
b. Elderly Inmates with Medical Conditions.
– Age 65 and older.
– Suffer from chronic or serious medical conditions related to the aging process.
– Experiencing deteriorating mental or physical health that substantially diminishes their ability to function in a correctional facility.
– Conventional treatment promises no substantial improvement to their mental or physical condition.
– Have served at least 50% of their sentence.
c. Other Elderly Inmates. Inmates age 65 or older who have served the greater of 10 years or 75% of the term of imprisonment to which the inmate was sentenced.
REQUESTS BASED ON NON-MEDICAL CIRCUMSTANCES – DEATH OR INCAPACITATION OF THE FAMILY MEMBER CAREGIVER.
The criteria for a RIS request may include the death or incapacitation of the family member caregiver of an inmate’s child, e.g., RIS requests from inmates whose biological or legally adopted child or children (“child”) are suddenly without a family member caregiver due to that caregiver’s death or incapacitation.
REQUESTS BASED ON NON-MEDICAL CIRCUMSTANCES – INCAPACITATION OF A SPOUSE OR REGISTERED PARTNER
The criteria for a RIS request may include the incapacitation of an inmate’s spouse or registered partner when the inmate would be the only available caregiver for the spouse or registered partner.
FACTORS AND EVALUATION OF CIRCUMSTANCES IN RIS REQUESTS
For all RIS requests, the following factors should be considered:
– Nature and circumstances of the inmate’s offense.
– Criminal history.
– Comments from victims.
– Unresolved detainers.
– Supervised release violations.
– Institutional adjustment.
– Disciplinary infractions.
– Personal history derived from the PSR.
– Length of sentence and amount of time served. This factor is considered with respect to proximity to release date or Residential Reentry Center (RRC) or home confinement date.
– Inmate’s current age.
– Inmate’s age at the time of offense and sentencing.
– Inmate’s release plans (employment, medical, financial).
– Whether release would minimize the severity of the offense.
For more about Chicago Federal Criminal Defense Attorney Michael J. Petro, visit www.mjpetro.com