Compassionate Release (Procedures for the Implementation of 18 U.S.C. 3582(c)(1)(A) and 4205(g))
Holding or rule used
- § 571.61(a): a request for a § 3582(c)(1)(A) motion is submitted to the Warden, ordinarily in writing by the inmate, and must at minimum state the extraordinary or compelling circumstances and proposed release plans (residence, support, and, for health-based requests, where and how medical treatment will be obtained and paid for).
- § 571.61(b): BOP processes a request made by another person on the inmate's behalf in the same manner as the inmate's own request; a request received at the Central Office is referred to the Warden.
- § 571.62(a), (c): BOP moves only after Warden, General Counsel, and Medical Director or Assistant Director review and Director approval; medical-basis requests are expedited at all levels.
- § 571.63: a Warden denial is appealable through 28 C.F.R. part 542, subpart B; a General Counsel or Director denial is a final administrative decision not appealable through that procedure.
- § 571.64: BOP has no authority to initiate the request for state prisoners or D.C. Code offenders in federal institutions, or for federal offenders whose offenses predate Nov. 1, 1987 and who received non-parolable sentences.
Material limitation
These are BOP procedures for requesting a Director's motion. They do not define the court's standard for a defendant's own motion under 18 U.S.C. § 3582(c)(1)(A), the statutory 30-day lapse route, or circuit law on issue exhaustion. Mirror (Cornell LII) summary used initially was superseded by the official eCFR read.
Official source and pinpoints
28 C.F.R. §§ 571.60–571.64: https://www.ecfr.gov/current/title-28/chapter-V/subchapter-D/part-571/subpart-G
Subsequent history
Source note 59 FR 1238 (Jan. 7, 1994); § 571.61 and § 571.63 amended 78 FR 13479 (Feb. 28, 2013); § 571.62 also amended 78 FR 73084 (Dec. 5, 2013). Read from eCFR Title 28 up to date as of 2026-10-27.