Under federal law, a sentencing judge may reduce a sentence imposed if there is an “extraordinary and compelling reason.” 18 U.S.C § 3582(c)(1)(A). Typically, these cases involve prisoners with a disabling or terminal medical condition, disability due to age, or the need for the prisoner to be released to serve as a family caregiver. https://guidelines.ussc.gov/gl/§1B1.13. Hundreds of prisoners in the federal Bureau of Prisons meet these requirements, but until recently were dependent on the BOP to seek their release, something that happens very rarely. Far too often prisoners die or grow old locked up with no public safety concern being met.
In December Congress enacted and the President signed the First Step Act. Among the provisions of this criminal justice reform statute are changes to the compassionate release process. Prior to the First Step Act, a motion for sentence reduction could only be brought by the Bureau of Prisons. The law created a remedy for prisoners to seek relief from the Court directly. https://famm.org/wp-content/uploads/Compassionate-Release-in-the-First-Step-Act-Explained-FAMM.pdf
The Federal Public Defender is taking the majority of these cases, however, there is a cohort of prisoners who may qualify but do not have counsel. The Committee is working with Families Against Mandatory Minimums (FAMM) to find counsel for compassionate release applicant who do not have a lawyer. We will provide support and back-up to anyone who agrees to take a case. FAMM has significant experience supporting projects like this – FAMM was a leader of President Obama’s Clemency 2014 initiative.
The Committee has a long history of commitment to securing release of terminally ill and disabled prisoners. In the late 1980’s, Prisoners’ Legal Services led the effort to have the District of Columbia enact one of the first compassionate release bills in the nation. At that time, prisoner death from AIDS and TB were common and meaningful treatment rare. The legislation allowed scores of prisoners to spend their last few months in the free world with loved ones. In some cases, the care that they had been denied in prison, but could get at home, allowed them to improve and significantly lengthen their lives.
If you or your firm can take one of these cases, please contact Emily Gunston: [email protected].