Additions include:
- Criteria regarding requests based on medical circumstances.
- Criteria regarding requests based on non-medical circumstances for elderly inmates.
- Criteria regarding requests based on non-medical circumstances in which there has been the death or incapacitation of the family member caregiver of an inmate’s child.
- Criteria regarding requests based on non-medical circumstances in which the spouse or registered partner of an inmate has become incapacitated.
- A list of factors that should be considered for all requests.
- Information regarding the electronic tracking database.
For terminal medical conditions:
Terminal Medical Condition. RIS (Reduction in Sentencce) consideration may be given to inmates who have been diagnosed with a terminal, incurable disease and whose life expectancy is eighteen (18) months or less.
There are procedures for early release of some prisoners who are 65 and older, as opposed to 70.
Requests must first be submitted to the Warden of the institution. There are a lot of steps and hoops before the Warden makes a recommendation and even after, until the request is approved or denied by the Director of the BOP.
If the request is approved:
If the Director, Bureau of Prisons, grants a request under 18 U.S.C. 4205(g), the Director will contact the U.S. Attorney in the district in which the inmate was sentenced regarding moving the sentencing court on behalf of the Bureau of Prisons to reduce the minimum term of the inmate’s sentence to time served.
If the Director, Bureau of Prisons, grants a request under 18 U.S.C. 3582©(1)(A), the Director will contact the U.S. Attorney in the district in which the inmate was sentenced regarding moving the sentencing court on behalf of the Director of the Bureau of Prisons to reduce the inmate’s term of imprisonment to time served.
If the request is denied by the General Counsel or Director of BOP, it is a final administrative decision. If denied by the warden, it must be appealed through the Administrative Remedy Procedure.
The policy does not cover state inmates in federal custody or those sentenced under the D.C. code.
The Bureau of Prisons has no authority to initiate a request under 18 U.S.C. 4205(g) or 3582©(1)(A) on behalf of state prisoners housed in Bureau of Prisons facilities or D.C. Code offenders confined in federal institutions.
This policy repeals and replaces "P5050.48 Compassionate Release; Procedures For Implementation of 18 U.S.C. 3582 ©(1)(A) & 4205(g) (4/22/13)"
Also check out the 2012 Human Rights Watch Report, "Old Behind Bars". A summary is here.
As to Lynne Stewart, the judge's August 9, 2013 order denying release is here. She is not giving up, and you can find more information on her website.
