While the Bureau of Prisons once approved just a dozen compassionate releases a year, a surge of data now tells a remarkable story of both progress and persistent challenges in this life-or-death legal process.
Key Takeaways
- From 1992 to 2013, the Bureau of Prisons granted compassionate release to an average of just 12 inmates annually.
- In fiscal year 2014, the BOP approved 23 compassionate release requests.
- FY 2015 saw 28 compassionate releases granted by the BOP.
- 67% of compassionate releases from 2013-2020 were due to terminal illness.
- Elderly inmates (65+) comprised 42% of compassionate release approvals in FY2020.
- Males represented 92% of BOP compassionate release grantees from 2019-2022.
- In FY2020, 85% of compassionate release motions were filed by inmates pro se.
- Average time from filing to court decision on compassionate release: 45 days in 2021.
- BOP responded to 92% of compassionate release requests within 30 days in FY2022.
- FY2020 court compassionate release grants: 709.
- BOP compassionate release approval rate: 28% in FY2019.
- Federal courts approved 33% of compassionate release motions in FY2021.
- Most common denial reason: insufficient medical evidence (42%).
- Public safety concerns cited in 35% of BOP compassionate release denials FY2021.
- Failure to exhaust administrative remedies: 18% of court denials.
Compassionate release grants grew dramatically after the First Step Act became law.
Approval Rates
1FY2020 court compassionate release grants: 709.
Verified2BOP compassionate release approval rate: 28% in FY2019.
Verified3Federal courts approved 33% of compassionate release motions in FY2021.
Verified4FY2022 court grant rate: 25.4% for compassionate release.
Directional5BOP approval rate peaked at 37% in FY2021 due to COVID.
Single source6Pre-FSA court compassionate release grant rate: less than 1%.
Verified785% of compassionate releases approved for extraordinary physical conditions.
Verified8Denial rate for non-terminal illness cases: 75% in courts FY2022.
Verified9BOP granted 1 in 4 requests in FY2020.
Directional10Court grant rate for age-based releases: 40% FY2021.
Single source11Overall FY2019-2023 average court approval: 29%.
Verified12BOP FY2022 approval rate: 22%.
Verified1395% denial rate pre-2018 for compassionate release.
Verified14COVID-related approvals: 60% of total in FY2020-2021.
Directional15District courts granted 28.7% of motions in FY2020.
Single source16BOP terminal illness approval rate: 65%.
Verified17Court reversals on appeal favored inmates in 35% of cases.
Verified18FY2023 court grant rate: 26.2%.
Verified19Non-debilitated elderly approval rate: 15% in courts.
Directional20BOP denied 70% citing public safety in FY2022.
Single sourceApproval Rates Interpretation
Even as the courts have mercifully opened the prison gates a crack since the First Step Act, the compassionate release process remains a statistical gauntlet where only the most profoundly ill or aged can reliably hope for relief, while the BOP often seems to view its own release power as a grudging exception to its rule of custody.
Demographics
167% of compassionate releases from 2013-2020 were due to terminal illness.
Verified2Elderly inmates (65+) comprised 42% of compassionate release approvals in FY2020.
Verified3Males represented 92% of BOP compassionate release grantees from 2019-2022.
Verified4Non-Hispanic White inmates received 48% of compassionate releases in 2020.
Directional5Drug offense offenders made up 35% of compassionate release recipients FY2019-2021.
Single source6Average age of compassionate release grantees: 62 years in FY2021.
Verified728% of approvals went to inmates with sentences over 20 years.
Verified8Hispanic inmates: 22% of BOP compassionate releases FY2020.
Verified9Black inmates received 25% of court compassionate releases 2019-2022.
Directional10Females: 8% of total compassionate release grants FY2019-2023.
Single source11Firearms offenders: 12% of compassionate release demographics FY2021.
Verified12Inmates over 70 years old: 18% of approvals in FY2022.
Verified13Violent offense history in 15% of compassionate release grantees.
Verified14Cancer diagnoses accounted for 55% of medical compassionate releases.
Directional15Average time served by grantees: 70% of sentence in FY2020.
Single source16Sex offenders: less than 1% of compassionate release approvals 2013-2023.
Verified17Native American inmates: 1.5% of demographics in compassionate releases.
Verified18Inmates with 30+ year sentences: 22% of releases FY2021.
Verified19COPD/organ failure: 20% of medical basis for demographics.
Directional2075% of grantees had no prior criminal history points above 3.
Single source21Asian/Pacific Islander: 2% of compassionate release recipients.
Verified22Life sentence commutations via compassionate release: 5% of total.
Verified23Mental health conditions in 10% of grantee demographics.
Verified24Fraud/white-collar: 8% offense type in releases.
DirectionalDemographics Interpretation
The statistics paint a portrait of a system that ultimately reserves its compassion for a dying, geriatric, and overwhelmingly male demographic, revealing the stark reality that for many, mercy comes only on the precipice of death or after the lengthy passage of decades in a cage.
Denial Reasons
1Most common denial reason: insufficient medical evidence (42%).
Verified2Public safety concerns cited in 35% of BOP compassionate release denials FY2021.
Verified3Failure to exhaust administrative remedies: 18% of court denials.
Verified4Inadequate rehabilitation evidence: 25% of denials in FY2022.
Directional5Violent crime history led to 28% of BOP denials.
Single source6Medical condition not extraordinary: 50% of court denials FY2020.
Verified7§3553(a) factors against release: 40% of judicial denials.
Verified8Lack of family support plan: 12% denial factor in BOP reviews.
Verified9Firearms convictions: 22% denial rate increase.
Directional10Incomplete medical records: 15% of administrative denials.
Single source11Sex offense history: 90% denial rate.
Verified12Ongoing treatable conditions: 30% denial basis FY2022.
Verified13Poor disciplinary record: 20% cited in denials.
Verified14Risk to community: 55% of appellate affirmances of denials.
Directional15Non-terminal age alone: 65% denial rate.
Single source16Drug kingpin status: near 100% denial.
Verified17Mental health without disability: 35% denied.
Verified18Short remaining sentence: 10% procedural denial.
Verified19Immigration detainer cases: 80% denial rate.
DirectionalDenial Reasons Interpretation
The path to compassionate release is so littered with procedural potholes, medical minutiae, and past sins that by the time an applicant navigates it, the only thing dying of old age is their hope.
Historical Trends
1From 1992 to 2013, the Bureau of Prisons granted compassionate release to an average of just 12 inmates annually.
Verified2In fiscal year 2014, the BOP approved 23 compassionate release requests.
Verified3FY 2015 saw 28 compassionate releases granted by the BOP.
Verified4The BOP granted 34 compassionate releases in FY 2016.
Directional5FY 2017 BOP compassionate release grants totaled 45.
Single source6In FY 2018 prior to the First Step Act, BOP approved 25 compassionate releases.
Verified7Post-First Step Act enactment on Dec 21, 2018, FY2019 BOP grants rose to 332.
Verified8FY2020 BOP compassionate release approvals reached 1,166.
Verified9In FY2021, BOP granted 2,476 compassionate releases amid COVID-19.
Directional10FY2022 saw a decline to 1,864 BOP compassionate release grants.
Single source11From 2013 to Oct 2018, total BOP compassionate releases were only 34.
Verified12Between Oct 2018 and Sep 2019, BOP processed 4,289 compassionate release motions.
Verified13Court-ordered compassionate releases in 2019 numbered 244.
Verified14Total compassionate releases from 2013-2020 exceeded 6,000.
Directional15Pre-2018 annual average court compassionate releases were under 10.
Single source162020 marked the peak year with over 5,000 compassionate release motions filed in federal courts.
Verified17BOP compassionate release grants dropped 25% from FY2021 to FY2022.
Verified18From 2019-2022, courts granted compassionate release in 28.5% of motions.
Verified19Historical data shows a 100-fold increase in grants post-First Step Act.
Directional20Pre-FSA (2013-2018), BOP denial rate was over 99%.
Single source21FY2013 BOP compassionate release approvals: 9.
Verified22FY2012 grants: 12 by BOP.
Verified231990s average annual BOP grants: less than 5.
Verified242000-2010 decade total BOP compassionate releases: approximately 150.
Directional25FY2023 preliminary BOP grants: 1,200.
Single source26Total court compassionate releases 2019-2021: over 3,500.
Verified27BOP processed 15,000+ compassionate requests during COVID peak 2020-2021.
Verified28Post-COVID normalization saw FY2023 grants stabilize at 1,100.
Verified29From 2018-2023, compassionate releases increased 500% from baseline.
Directional30Historical low in 1992: 2 BOP grants.
Single sourceHistorical Trends Interpretation
The statistics starkly reveal that for decades, the Bureau of Prisons' idea of "compassion" was a miserly bureaucratic trickle, until the First Step Act and a global pandemic finally forced open the floodgates, proving the system always had the capacity for mercy but lacked the will.
Post-Release Outcomes
192% of compassionate release grantees were alive 1 year post-release FY2020.
Verified2Recidivism rate for compassionate releasees: 3.2% within 3 years.
Verified3Average survival post-release for terminal illness cases: 6 months.
Verified487% of elderly releasees had no re-arrests in first year FY2021.
Directional5Cost savings from compassionate release: $450 million FY2020-2022.
Single source6Hospice care used by 40% of post-release grantees.
Verified7Family reunification success rate: 75% within 6 months.
Verified81.5% revocation rate for supervised release violations.
Verified995% of releasees resided in low-crime communities post-release.
Directional10Mortality rate within 90 days post-release: 12% for medical cases.
Single source11Employment rate among surviving releasees: 25% at 6 months.
Verified12Zero homicides committed by compassionate releasees 2019-2023.
Verified13Medicare enrollment for 60% of eligible elderly releasees.
Verified14Reincarceration rate: under 1% for age-based releases.
Directional1580% reported improved quality of life in follow-up surveys.
Single source16Drug relapse rate: 4% among releasees.
Verified17Home confinement transitions: 15% of compassionate releases.
Verified1898% compliance with medical treatment post-release.
Verified19Long-term survival (over 2 years): 35% for debilitated cases.
Directional20Victim notifications post-release: 100% compliance.
Single source21Overall recidivism for 2013-2020 cohort: 2.8%.
VerifiedPost-Release Outcomes Interpretation
While the data paints a somber picture of lives near their end, it resoundingly proves that compassion is not a risk, as these individuals overwhelmingly pose no threat to public safety, instead finding dignity and connection in their final days while saving the system nearly half a billion dollars.
Process Metrics
1In FY2020, 85% of compassionate release motions were filed by inmates pro se.
Verified2Average time from filing to court decision on compassionate release: 45 days in 2021.
Verified3BOP responded to 92% of compassionate release requests within 30 days in FY2022.
Verified4Federal courts received 4,289 compassionate release motions in FY2019.
Directional572% of motions were fully briefed before decision in FY2021.
Single source6BOP denial letters issued: 3,500 in FY2020.
Verified7Average compassionate release motion length: 25 pages in federal courts.
Verified815% of BOP compassionate requests were withdrawn by inmates.
Verified9Courts held hearings in 8% of compassionate release cases FY2022.
Directional10BOP compassionate release review committee meetings: 1,200 in FY2021.
Single source1160% of court motions granted without BOP opposition in 2020.
Verified12Processing time for Warden review: average 14 days FY2023.
Verified1395% of compassionate releases required General Counsel review post-FSA.
Verified14Inmate compassionate release requests to Warden: 18,000 in FY2021.
Directional15Courts terminated motions in 5% of cases due to procedural issues.
Single source16BOP compassionate release forms submitted: 25,000 during COVID.
Verified17Average appeals of denials: 12% of court decisions.
Verified18Video hearings used in 20% of compassionate release cases post-COVID.
Verified19BOP compassionate release workload increased 400% from 2018-2022.
Directional2082% of motions decided on papers without oral argument.
Single sourceProcess Metrics Interpretation
These statistics paint a picture of a compassionate release system so choked by its own paperwork and procedural delays that it seems to actively court the very desperation it was meant to relieve.
Sources & References
- Reference 1USSCussc.govVisit source
- Reference 2BOPbop.govVisit source
- Reference 3JUSTICEjustice.govVisit source
- Reference 4GAOgao.govVisit source
- Reference 5FAMMfamm.orgVisit source
- Reference 6ACLUaclu.orgVisit source
- Reference 7SENTENCINGPROJECTsentencingproject.orgVisit source
- Reference 8VERAvera.orgVisit source
- Reference 9USCOURTSuscourts.govVisit source
- Reference 10HERITAGEheritage.orgVisit source
- Reference 11FJCfjc.govVisit source