Essential 5-Step Plan: How to File for Compassionate Release Under the New First Step Act Rules Today

Step 1: Assess Your Eligibility Under the First Step Act's Expanded Framework

In my 25 years as a federal prosecutor and now as a defense attorney, I have seen the compassionate release landscape transform dramatically since the First Step Act became law in December 2018. Before this legislation, only the Bureau of Prisons could initiate a compassionate release motion, and they rarely did so—granting fewer than 1% of requests in most years. Today, under 18 U.S.C. § 3582(c)(1)(A), you or your attorney can file a motion directly with the sentencing court after meeting specific procedural requirements. The statute explicitly allows courts to consider "extraordinary and compelling reasons" for release, a phrase that the U.S. Sentencing Commission has interpreted broadly through U.S.S.G. § 1B1.13 to include medical conditions like terminal illness, debilitating physical or mental health conditions, and even age-related deterioration for inmates over 65 who have served substantial portions of their sentences. You must also demonstrate that you do not pose a danger to the safety of any other person or to the community, which requires a careful analysis of your criminal history, institutional behavior, and release plan. I always advise clients to begin by obtaining their complete medical records, disciplinary logs, and program participation certificates, because these documents form the factual backbone of any credible motion.

Step 2: Exhaust Administrative Remedies or Wait the 30-Day Period

This step is where most compassionate release motions fail, and I cannot overstate its importance based on the dozens of cases I have handled since 2019. The First Step Act requires that you either fully exhaust all administrative remedies available through the BOP's Administrative Remedy Program, or wait 30 days after the warden receives your formal request—whichever occurs first. You must submit a written request to your warden using the BP-8 form, which triggers the 30-day clock, and if the warden denies it, you should immediately appeal through the BP-9, BP-10, and BP-11 levels to the BOP's Central Office. However, the statute's language creates a powerful alternative: you can simply wait 30 days from the warden's receipt of your request and then file in court, even if the BOP has not responded or has denied your claim. I have successfully used this approach in emergency medical cases where waiting for the full administrative appeal process would have been life-threatening for my client. Courts across the country, including the Ninth and Tenth Circuits, have consistently held that the 30-day waiting period is a mandatory but waivable exhaustion requirement, meaning you must allege and prove compliance in your motion. Always attach copies of your request, the warden's receipt stamp, and any responses to demonstrate that you have satisfied this critical jurisdictional prerequisite.

Step 3: Draft a Comprehensive Motion Detailing Extraordinary and Compelling Reasons

Once you have cleared the exhaustion hurdle, your motion must present a compelling narrative that connects your specific circumstances to the legal standards in 18 U.S.C. § 3582(c)(1)(A) and U.S.S.G. § 1B1.13. The Sentencing Commission's policy statement identifies four categories of extraordinary and compelling reasons: medical conditions, age-related deterioration, family circumstances such as the death or incapacitation of a caregiver, and other reasons that the court determines are extraordinary and compelling. In my experience, the most effective motions combine multiple factors—for example, a client with advanced kidney disease who also has a disabled spouse requiring full-time care at home. You must also address the Section 3553(a) factors, including the nature and circumstances of the offense, your history and characteristics, the need for deterrence, protection of the public, and the need to provide just punishment. I always include a detailed release plan that specifies where you will live, how you will obtain medical care, and how you will support yourself financially, because judges want concrete assurances that you will not reoffend. The motion should also argue that the sentence reduction is consistent with applicable policy statements, citing recent case law from your circuit that interprets "extraordinary and compelling" broadly, particularly in light of the COVID-19 pandemic's impact on prison healthcare.

Step 4: Gather and Submit Supporting Documentation with Your Filing

A bare legal argument without supporting evidence will almost certainly be denied, which is why I treat document collection as a separate and essential step in every compassionate release case. You need certified medical records from the BOP's Health Services department showing your diagnosis, treatment history, and prognosis from a qualified physician, ideally with a letter from a specialist explaining why your condition cannot be adequately managed in prison. You should also obtain your complete institutional file, including disciplinary records (or proof of their absence), program completion certificates, and any commendations from staff members who can attest to your rehabilitation. For family-based cases, you need death certificates, medical records of the caregiver's incapacitation, or letters from social workers confirming the impact on minor children. I also recommend submitting character letters from family members, former employers, and community leaders who can vouch for your reentry plan and support network. Finally, include a proposed reentry plan with housing verification, a job offer or proof of employable skills, and documentation of health insurance or Medicaid eligibility, because judges are far more likely to grant release when they see a concrete path to stability outside prison walls.

Step 5: File Your Motion and Prepare for a Hearing or Government Response

After assembling your motion, memorandum of law, and all supporting exhibits, you must file them in the sentencing court using the correct case number and judge's name, and you must serve the government—typically the U.S. Attorney's Office for the district where you were sentenced. The government has 14 to 30 days to respond, depending on the district's local rules, and they will likely oppose your motion by arguing that you remain a danger to the community or that your reasons are not extraordinary. I always anticipate the government's arguments by addressing them preemptively in my memorandum, citing favorable precedent from the circuit that interprets "extraordinary and compelling" broadly. Many courts now hold evidentiary hearings on compassionate release motions, either by video conference or in person, where you can present testimony from witnesses, including medical experts, family members, and even the warden if necessary. If the court grants your motion, it will enter an order reducing your sentence to time served and imposing a term of supervised release, typically with conditions tailored to your circumstances. In my practice, I also prepare clients for the possibility of a partial denial, where the court reduces the sentence but does not release you immediately, and I always advise them that a denial can be appealed to the circuit court within 14 days under Federal Rule of Appellate Procedure 4(b).

If you or a loved one is incarcerated and believes that extraordinary and compelling circumstances warrant compassionate release, do not wait another day to begin this process. The First Step Act has opened a door that was previously locked, but the procedural requirements are strict and the government will oppose every motion vigorously. I have spent my career on both sides of these cases, and I know exactly what prosecutors look for and how judges evaluate these petitions. Contact our firm today for a confidential consultation, and let us put our 25 years of federal criminal experience to work for you.