Updates and information about applying for compassionate release for your client. Topic-specific segments are listed below. Presented by Mira Baylson, member, Cozen O'Connor; Elizabeth Blackwood, Counsel & Project Director, First Step Act Resource Center, NACDL; Justine Harris, partner, Sher Tremonte; Lisa Mathewson, Law Offices of Lisa A. Mathewson; JaneAnne Murray, Professor of Practice, University of Minnesota Law School; Shazzie Naseem, partner, Berkowitz Oliver; Avery Pollard, associate, Zuckerman Spaeder; Marjorie Peerce, partner, Ballard Spahr; and Mary Price, General Counsel, FAMM.

Long underused and unfairly applied by the U.S. Bureau of Prisons, federal compassionate release is seeing a revival under the First Step Act. That law not only corrected many of the flaws in the way the BOP handled compassionate release requests, but allows prisoners direct access to the courts. The new law clarifies the broad range of circumstances related to age, illness, and family circumstances that might trigger eligibility for relief and further opens up exciting new opportunities to seek reconsideration of sentences that are no longer appropriate for a variety of other reasons.

The First Step Act revised the federal compassionate release statute, 18 U.S.C. § 3582(c)(1)(A).

Coalition letter to House and Senate Judiciary Committee leadership regarding a technical fix to the First Step Act of 2018 that would provide equal access to compassionate release for vulnerable prisoners convicted before federal parole was abolished.

Coalition letter to Senate and House leadership regarding the technical fix to properly expand the Elderly Home Detention Pilot Program under the First Step Act (S. 3035, 2020), for inclusion in a relief package responding to the coronavirus pandemic.

FAMM, Washington Lawyers’ Committee, NACDL Launch Emergency Compassionate Release Effort-- In a massive pro bono effort, our groups are recruiting, training, and supporting lawyers who agree to represent individuals in federal prisons eligible for compassionate release and those at special risk due to COVID-19.

Courts around the United States have increasingly recognized that the coronavirus is an extraordinary and compelling reason warranting release of inmates. Several courts have heeded the call from legal and medical experts to release vulnerable and old inmates from inherently unsafe facilities.

NACDL seeks volunteers in historic pro bono effort to secure compassionate release for the most vulnerable federal prisoners.

Coalition letter to Director of the Federal Bureau of Prisons Michael Carvajal regarding the lack of demographic information included in its daily reports of systemwide COVID-19 cases.

Coalition letter to Attorney General William Barr regarding proposed measures the Bureau of Prisons can take to reduce prison populations and improve hygiene conditions for inmates in federal and state facilities, in light of the ongoing COVID-19 pandemic.

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Appellant Thomas Bryant, Jr., Supporting Reversal.

Argument: Sentencing courts have broad discretion to modify a sentence under Section 3582(c)(1)(A)(i). Sentencing courts have authority to grant motions for compassionate release if the defendant does not meet one of the "extraordinary and compelling reasons" described by the Commission. Vesting sentencing courts with discretion to identify "extraordinary and compelling reasons" is consistent with the judge's role at an initial sentencing and does not open any "floodgates." The District Court's order should be reversed and the case remanded for further proceedings.

Comments to the U.S. Sentencing Commission regarding proposed amendments to the sentencing guidelines.

Congress amended 18 U.S.C. § 3582 to permit prisoners to file their own motions for compassionate release.

U.S. Sentencing Commission Overview of the First Step Act.