Compassionate release is a legal process that allows incarcerated individuals to be released early due to extraordinary circumstances, such as terminal illness, severe disability, or other compelling reasons. This policy is designed to provide humane treatment to those who are no longer a threat to society and who require specialized care that may not be available in prison.

Statistics on Compassionate Release

Despite the intention behind compassionate release, it is often underutilized. According to the U.S. Sentencing Commission, only a small percentage of requests for compassionate release are granted. For example, a 2019 report revealed that only 3% of applications were approved between 2013 and 2017, highlighting significant barriers in the process.

During the COVID-19 pandemic, there was an increase in the number of compassionate release requests, driven by concerns about the vulnerability of incarcerated individuals to the virus. However, approval rates remained low, with many requests denied due to procedural issues or concerns about public safety.

Challenges in the Process

• Complex Procedures: The application process for compassionate release can be complex and slow, requiring approval from multiple levels of the justice system.
• Strict Criteria: Applicants must meet stringent criteria, often including a terminal illness with a life expectancy of less than 18 months.
• Lack of Awareness: Many inmates and their families are unaware of the option for compassionate release or how to navigate the application process.

Resources for Compassionate Release

• FAMM (Families Against Mandatory Minimums): Offers comprehensive guides and support for navigating compassionate release, including how to apply and what to expect.
• The Sentencing Project: Provides research and advocacy on issues related to sentencing and compassionate release, including the impact of COVID-19 on incarcerated populations.
• The National Association of Criminal Defense Lawyers (NACDL): Offers resources and assistance for legal professionals working on compassionate release cases.
• The Bureau of Prisons (BOP) Compassionate Release Program: Information on eligibility criteria and the process for federal prisoners.

Conclusion

Compassionate release is a critical yet underutilized mechanism for ensuring humane treatment of incarcerated individuals facing extraordinary circumstances. Understanding the statistics and challenges, along with accessing the right resources, can help families and legal advocates better navigate this complex process.