Compassionate Release Motions under the First Step Act
A motion for modification of a sentence under 18 U.S.C. §§ 3582(c)(1)(A) and 4205(g) can be brought before the sentencing court, after the administrative remedy process of the Bureau of Prisons has been completed if your loved one is suffering from any of the following issues:
- Terminal medical condition;
- Debilitated medical condition;
- Elderly inmate with medical condition;
- Elderly inmate (over 65, no medical conditions); and/or
- Death or incapacitation of the family caregiver
Terminal Medical Condition
A reduction in sentence motion can be filed if an inmate has been diagnosed with a terminal, incurable disease whose life expectancy is eighteen (18) months or less.
Debilitated Medical Condition
This applies to inmates who have suffered a debilitating injury from which they will not recover.
Elderly Inmate with Medical Conditions
This applies to inmates who meet the below criteria:
- Age 65 or older;
- Suffer from a chronic or serious medical condition related to the aging process;
- Deteriorating mental or physical health;
- Conventional treatment promises no substantial improvement to their health; and
- Have served at least 50% of their sentence.
Elderly Inmate with No Medical Conditions
This applies to inmates that are 65 years or older who have served the greater of ten (10) years or 75% of the term of imprisonment for which the inmate was sentenced.
Death or Incapacitation of the Family Caregiver
This applies to those inmates who has a family member that has passed away or has become incapacitated and is the caregiver for an inmates’ child.
If you believe any of these applies to your loved one, please contact our law firm to get started with the motion process.
Our office has been very successful in the filing of compassionate release motions