A Study of Pre and Post First Step Act and the Recent Changes to U.S.S.G. 1B1.13
“Compassionate release” is a critical provision in the U.S. Federal legal system, allowing for the early release of incarcerated individuals under extraordinary and compelling circumstances. This essay will explore the compassionate release standard in the context of federal courts, comparing its application before and after the First Step Act, and examine the recent proposed changes to the U.S. Sentencing Guidelines (U.S.S.G.) §1B1.13. Before The First Step Act: Before the First Step Act, the compassionate release process was primarily governed by 18 U.S.C. §3582(c)(1)(A)(i) and U.S.S.G. §1B1.13. The Bureau of Prisons (BOP) held considerable power, acting as the gatekeeper for motions for sentence reductions. The BOP could request a sentence reduction for “extraordinary and compelling reasons,” but such instances were rare, and the process was often criticized for its lack of transparency and responsiveness.
The criteria under U.S.S.G. §1B1.13 were restrictive, primarily focusing on terminal illness scenarios, with less attention to other possible extraordinary and compelling reasons such as age, family circumstances, or other severe physical or medical conditions. As a result, a comparatively small number of inmates received compassionate release under this system.
Compassionate Release After The First Step Act: The First Step Act, signed into law in December 2018, brought significant changes to the compassionate release process, making it more accessible to federal prisoners. The Act effectively expanded the process by allowing prisoners to file motions for compassionate release directly to the court after exhausting administrative rights to appeal within the BOP or after 30 days from the warden’s receipt of their request, whichever is earlier. This ‘exhaustion requirement’ bypassed the BOP’s exclusive control over filing motions, providing prisoners a direct path to the court.
The First Step Act also broadened the definition of “extraordinary and compelling reasons.” While the Act itself did not explicitly outline these reasons, it directed the Sentencing Commission to describe and explain when such reasons exist.
Proposed Changes to U.S.S.G. §1B1.13: Despite the First Step Act, courts continue to use U.S.S.G. §1B1.13, as the Sentencing Commission has not yet updated it, primarily due to a lack of quorum. However, proposed amendments aim to broaden the application guidelines further.
The proposed changes plan to widen the definition of “extraordinary and compelling reasons” further, including terminal illness, debilitating physical conditions, age, family circumstances, and other situations as determined by the Director of BOP. This expansion would provide a more inclusive understanding of situations that warrant compassionate release. Furthermore, the proposed amendments would make it clear that only the sentencing court can decide whether extraordinary and compelling reasons exist to reduce a sentence, not the BOP.
Compassionate release is an important tool to address exceptional circumstances where continued incarceration is unjust. The First Step Act has expanded access to this mechanism, lessening BOP’s control and widening the scope for determining ‘extraordinary and compelling’ circumstances. With the proposed changes to U.S.S.G. §1B1.13, the compassionate release process may further evolve, ensuring that justice is not only done but is also seen to be done, upholding the humanity and dignity of those behind bars.
