C.F.R. » Title 28 » CHAPTER V—BUREAU OF PRISONS, DEPARTMENT OF JUSTICE › SUBCHAPTER D—COMMUNITY PROGRAMS AND RELEASE › PART 571—RELEASE FROM CUSTODY › Subpart G—Compassionate Release (Procedures for the Implementation of 18 U.S.C. 3582(c)(1)(A) and 4205(g))

28 C.F.R. § 571.61

Initiation of request—extraordinary or compelling circumstances

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(a) A request for a motion under 18 U.S.C. 4205(g) or 3582(c)(1)(A) shall be submitted to the Warden. Ordinarily, the request shall be in writing, and submitted by the inmate. An inmate may initiate a request for consideration under 18 U.S.C. 4205(g) or 3582(c)(1)(A) only when there are particularly extraordinary or compelling circumstances which could not reasonably have been foreseen by the court at the time of sentencing. The inmate's request shall at a minimum contain the following information:

(1) The extraordinary or compelling circumstances that the inmate believes warrant consideration.

(2) Proposed release plans, including where the inmate will reside, how the inmate will support himself/herself, and, if the basis for the request involves the inmate's health, information on where the inmate will receive medical treatment, and how the inmate will pay for such treatment.

(b) The Bureau of Prisons processes a request made by another person on behalf of an inmate in the same manner as an inmate's request. Staff shall refer a request received at the Central Office to the Warden of the institution where the inmate is confined.

[59 FR 1238, Jan. 7, 1994, as amended at 78 FR 13479, Feb. 28, 2013]
Notes of Decisions
Cited in 28 cases (20 in the last 5 years), 2011–2025 · leading case: United States v. Corey Williams, 987 F.3d 700 (7th Cir. 2021).
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United States v. Corey Williams, 987 F.3d 700 (7th Cir. 2021). · cites it 2× “The Bureau’s regulations imple‐ menting an earlier version of the statute (which did not per‐ mit inmates to move for release on their own) reinforce the necessity of this information, instructing inmates that a re‐ quest for release under § 3582(c)(1)(A)(i) “shall at a minimum…”
George Deluca v. Leann LaRiva, 586 F. App'x 239 (7th Cir. 2014). “§ 3582 (c)(1)(A), 28 C.F.R. § 571.61 , and Bureau of Prisons Program Statement 5050.”
United States v. Dresbach, 806 F. Supp. 2d 1039 (E.D. Mich. 2011). “” 28 C.F.R. 571.61. The Sentencing Commission has indicated three examples of what could constitute “extraordinary and compelling” reasons: (i) The defendant is suffering from a mental illness, (ii) The defendant is suffering from a permanent physical or medical condition, or is…”
United States v. Douglas (D.D.C. 2020). · cites it 2× “” 28 C.F.R. § 571.61 (a). And while Douglas is correct that that “mandatory language means a court may not excuse a failure to exhaust, even to take [special] circumstances into account.”
United States v. Darian Berry (11th Cir. 2022). · cites it 2× “28 C.F.R. § 571.61 (a). A party may raise res judicata to bar the relitigation of a claim decided in a prior proceeding.”
Davidson v. Quintana (W.D. Pa. 2020). · cites it 2× “See 28 C.F.R. § 571.61 (b) (“The Bureau of Prisons processes a request made by another person on behalf of an inmate in the same manner as an inmate’s request.”
Hugh Wade v. Warden Fairton FCI (3rd Cir. 2019). “28 C.F.R. § 571.61 (a). Section 4205(g) applies to inmates serving “old law” sentences.”
United States v. Anthonette Strowder (7th Cir. 2020). “§ 3582 (c)(1)(A)(i); see also 28 C.F.R. § 571.61 . And to the extent Strowder seeks through either motion credit for any prior custody, she must similarly present the request first through administrative avenues and then to the district court.”
United States v. Anthonette Strowder (7th Cir. 2020). “§ 3582 (c)(1)(A)(i); see also 28 C.F.R. § 571.61 . And to the extent Strowder seeks through either motion credit for any prior custody, she must similarly present the request first through administrative avenues and then to the district court.”
United States v. Anthonette Strowder (7th Cir. 2020). “§ 3582 (c)(1)(A)(i); see also 28 C.F.R. § 571.61 . And to the extent Strowder seeks through either motion credit for any prior custody, she must similarly present the request first through administrative avenues and then to the district court.”
United States v. Wilson (5th Cir. 2021). “” 28 C.F.R. § 571.61 (a). This court has already held that although the requirement to petition the prison first is not jurisdictional, it is mandatory.”
United States v. Steven Link (7th Cir. 2021). “We agree with the district court that the arguments Link presented to his warden differed substantively from the arguments he later advanced in the district court.”
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