Compassionate Release in Virginia: What is it and how has it changed in the Last 10 Years
The Evolution of Compassionate Release Under Federal Law
Written by: Tyler D. Andrehsen, Esq.
Federal sentencing laws have changed significantly over the last several years. For a long period of time, thousands of inmates attempted to take advantage of a federal law known as “Compassionate Release.” These attempts were blocked by the Bureau of Prisons, leading to thousands of otherwise qualifying inmates to remain in federal incarceration. Understanding what happened and what compassionate release actually means can help families make informed decisions.
What Is Compassionate Release?
You may have heard the legal term “Compassionate Release” which sounds like the ideal ending to a fanciful Disney movie, however compassionate release is just the informal name given to 18 U.S.C. § 3582(c)(1)(A) which is a subsection of the federal sentencing statute that allows a reduced term of confinement for inmates serving federal sentences when “extraordinary and compelling reasons” exists as defined in the U.S. Code.
What Is the Bureau of Prisons and Why Does It Matter?
The Bureau of Prisons, often called the BOP, is a federal agency within the U.S.Department of Justice responsible for housing, supervising, and managing individuals sentenced to federal incarceration. Importantly, before the 2018 First Step Act, all inmates seeking compassionate release would have to request relief through the warden of their prison. If the warden decided to move the request up the chain, it would have to go through multiple bureaucratic hoops eventually leading to the BOP filing the motion for compassionate release on their behalf. This process was incredibly slow and arduous, leading to very few compassionate release motions being filed, with even fewer being granted.
How Did the First Step Act Change Compassionate Release?
The First Step Act (FSA) of 2018 made two major changes to the compassionate release process, and both were designed to give inmates more access to relief.
Inmates Can File Their Own Motions
After the FSA, inmates no longer had to rely on the Bureau of Prisons to file a compassionate release motion on their behalf. If they submitted a request to the warden and either completed the administrative process or waited 30 days without a response, they could file directly with the court. This change was crucial because the Bureau of Prisons often completely refused to file these motions.
The Definition of Extraordinary and Compelling Reasons Expanded
Before the FSA, compassionate release was generally limited to situations involving terminal illness or extreme medical decline. The FSA allowed courts to consider a much wider range of circumstances, including age at the time of the offense, significant rehabilitation, failure to receive adequate care in prison, and other compelling personal or legal developments. These changes were designed to provide meaningful opportunities for relief.
What Impact did the FSA Have on the Number Compassionate Release Motions?
According to a 2018 Legislative Affairs response slightly under 3,000 compassionate relief requests were received from January 2014 to January 2018, with only 306 of them being approved. A large majority of the approved requests were for inmates with terminal diagnoses, showing how high the bar was for compassionate release before the FSA.
According to U.S Sentencing Commission data from October 2019 through September 2023, the court decided a staggering 31,069 compassionate- release motions, granting 4,952. There is a clear turning point in the numbers here, and it stems from the 2018 FSA, which had an immense impact on removing the bureaucratic barriers for compassionate release motions.
Is Compassionate Release Now Fully Available?
Compassionate release motions continue to require strong factual support, including medical documentation when appropriate, evidence of rehabilitation, and a clear demonstration that release would not pose a danger to the community. But the path forward is much more consistent and predictable than it was before the FSA.
Post FSA Compassionate Release in Action
You may have read about Compassionate Release in the October 27th edition of Virginia Lawyers Weekly. In that edition, we see the case of Charles D. Booker, a man who was convicted of conspiracy to distribute more than one kilogram of heroin. His case hinged on his exemplary behavior, post-conviction and other extraordinary and compelling reasons for compassionate release that likely didn’t exist before the FSA. The Court in his case was able to consider his impeccable post-conviction record and rehabilitation while incarcerated as the necessary extraordinary and compelling reasons to order his release in November of 2025.
Does Compassionate Release Apply in Virginia?
Compassionate release applies only to individuals serving federal sentences. Someone serving a federal sentence in a Virginia facility can seek compassionate release under 18 U.S.C. § 3582(c)(1)(A).
Individuals serving state sentences in Virginia must use different forms of relief, such as limited medical release options, sentence modification, clemency, or parole when applicable. If someone is unsure whether their sentence is federal or state, an attorney can review the judgment and explain available legal options.
What Should Families Do If They Believe a Loved One Qualifies?
Compassionate release motions are highly fact specific. Families often reach out to a lawyer when a loved one experiences medical decline, aging, inadequate care, or any significant change that may qualify as extraordinary and compelling.
An attorney can review the case, help gather records, prepare the motion, and present the legal arguments to the court. Strong legal representation can significantly increase the chances of success.
