Is My Spouse Eligible for Compassionate Release?

 Posted on June 06, 2022 in Criminal Law

For those with a loved one in federal prison, life can be filled with daily struggles. The situation can be even harder to endure if their incarceration is complicated by health, age, or family-related matters. Fortunately, in such cases, compassionate release allows the inmate the possible opportunity for an early release or sentence reduction. However, compassionate release can be a complicated process and it is essential that you work with an experienced attorney throughout the case.

Circumstances That May Allow for a Compassionate Release

If there are extraordinary or compelling circumstances that have changed since the inmate was originally sentenced, they may be eligible for a compassionate release.

There are three main reasons why such a release may be granted:

• Medical conditions – If an inmate is suffering from a terminal, incurable disease and doctors determine they have less than 18 months to live, they are eligible for a compassionate release. Inmates may also qualify if they cannot care for themselves and are bedridden at least half of the time or have a cognitive condition including Alzheimer’s or brain trauma.
• Elderly inmates – Compassionate release is also possible for inmates over 65 who have also served at least ten years or 75% of their sentence, or who have served at least half of their sentence and are also suffering from a serious medical condition.
• Family-related issues – Factors outside of the prison may also allow for a compassionate release. These can include the incapacitation or death of the parent or other caregiver of the prisoner’s child, or the if the prisoner’s spouse or partner is incapacitated and lacks another caregiver.

Upon the filing of a compassionate release application, the Bureau of Prisons and sentencing courts will review the prisoner’s case to ensure their release will not put the general public at risk. Factors that they will consider include:

• The nature of the crime or crimes committed
• Statements from the victim or victims
• Previous criminal history
• Behavior and disciplinary infractions during incarceration
• Length of the original sentence and the time already served
• Employment plans upon release

Call a San Antonio Lawyer for Compassionate Release

The Texas federal crimes defense attorney at Law Offices of Sam H. Lock has the experience that you need to pursue a compassionate release for your incarcerated loved one. He understands the requirements that must be followed and can act as an advocate for you and your family. Call us at 210-226-0965 to set up your initial consultation and begin to learn the options in your case.

Source:

https://www.bop.gov/policy/progstat/5050_050_EN.pdf