There is no single new law to release inmates from federal prison, but several existing pathways — some reshaped by the First Step Act and the 2023 sentencing guideline amendments — can shorten a federal sentence. The three that matter for most people are good conduct time credits, First Step Act earned time credits, and compassionate release. Each has its own eligibility rules, its own paperwork, and its own disqualifiers. Picking the right one is the first real decision.
Good Conduct Time Credits
Under 18 U.S.C. § 3624(b), a federal prisoner serving more than one year, other than a life sentence, can earn up to 54 days of credit for each year of the sentence the court imposed. The Bureau of Prisons awards the credit when it determines the prisoner showed “exemplary compliance” with institutional rules during that year. Fall short, and the BOP can reduce the credit or deny it entirely.1Office of the Law Revision Counsel. 18 USC 3624 – Release of a Prisoner
The math matters. The 54 days are calculated against the total sentence the judge imposed, not the time actually served. A 10-year sentence can accumulate up to 540 days of good conduct credit across the full term. The BOP also looks at whether the prisoner has earned or is working toward a GED or equivalent degree when deciding credit awards.1Office of the Law Revision Counsel. 18 USC 3624 – Release of a Prisoner
Good conduct time doesn’t require a petition. It accrues automatically as part of sentence computation, which the BOP maintains.
First Step Act Earned Time Credits
The First Step Act built a separate credit system around rehabilitation. Every eligible prisoner earns 10 days of time credit for every 30 days of successful participation in evidence-based recidivism reduction programs or productive activities. Prisoners the BOP classifies as minimum or low risk for reoffending, who hold that classification across two consecutive assessments, earn an additional 5 days per 30-day period, for a total of 15.2Office of the Law Revision Counsel. 18 USC 3632 – Development of Risk and Needs Assessment System
These credits don’t simply shorten the sentence on paper. They can be applied toward earlier transfer out of a secure facility into prerelease custody such as a halfway house or home confinement. Programs must come from the BOP’s approved list and be matched to the inmate’s individualized risk and needs assessment.3Federal Bureau of Prisons. First Step Act Approved Programs Guide
Who Cannot Earn First Step Act Credits
The statute lists a long catalog of disqualifying offenses. Prisoners serving time for violent crimes, terrorism, espionage, sex offenses, sexual exploitation of children, human trafficking, and high-level drug offenses are ineligible. Repeat felons convicted of possessing a firearm and those convicted under the federal criminal street gang statute are also excluded.2Office of the Law Revision Counsel. 18 USC 3632 – Development of Risk and Needs Assessment System
Ineligible prisoners can still take part in recidivism reduction programming. They just can’t convert that participation into time credits that shorten custody.4Federal Bureau of Prisons. An Overview of the First Step Act
Compassionate Release
Federal law allows a court to reduce a sentence when “extraordinary and compelling reasons” justify it. The U.S. Sentencing Commission’s policy statement at §1B1.13 sets out what counts. Three categories carry the most weight for applicants: medical circumstances, family circumstances, and an age-based pathway.
Medical Grounds
A prisoner with a terminal illness, meaning a serious and advanced illness with an end-of-life trajectory, can seek compassionate release. So can a prisoner who cannot perform basic self-care activities like dressing, bathing, or feeding themselves due to a serious physical condition, cognitive impairment, or deteriorating health from aging, provided the prison cannot adequately care for the condition.
A medical petition needs detailed healthcare records from the facility’s medical department: formal diagnoses, current treatment plans, and a physician’s statement about prognosis. The BOP evaluates the primary disease, any additional medical conditions, and the degree of functional impairment. The filing must also explain where the prisoner will receive medical treatment after release and how they will pay for it.5Federal Bureau of Prisons. Compassionate Release/Reduction in Sentence – Procedures for Implementation of 18 USC 3582 and 4205(g)
Family Grounds
The 2023 amendments to the sentencing guidelines widened this category considerably. A prisoner can seek a sentence reduction if the caregiver of their minor child has died or become incapacitated, or if the prisoner would be the only available caregiver for an incapacitated spouse, registered partner, or parent. The guidelines also allow similar claims involving other immediate family members or people with a family-like relationship to the prisoner.6United States Sentencing Commission. Amendment 814
Elderly Prisoners
Compassionate release also contains a narrow age-based pathway. A prisoner who is at least 70 years old and has served at least 30 years can seek release if the BOP Director determines they are not a danger to the community.7Office of the Law Revision Counsel. 18 USC 3582 – Imposition of a Sentence of Imprisonment
Ask the Warden First
This is where most compassionate release efforts come apart. Before a prisoner can file a motion directly in court, they must submit a written request to the warden of their facility. The court cannot act until either the prisoner has fully exhausted all administrative appeals within the BOP, or 30 days have passed since the warden received the request, whichever comes first.7Office of the Law Revision Counsel. 18 USC 3582 – Imposition of a Sentence of Imprisonment
Skipping this step gives the government an easy basis to have the motion dismissed. Even when the medical situation is urgent, courts have held firm on the exhaustion rule. The practical move: submit the request to the warden on day one, keep a date-stamped copy, and start drafting the court filing so it’s ready the moment the 30-day window closes.
What About State Prisoners?
The federal pathways above don’t apply to people in state custody. More than two dozen states and the District of Columbia have adopted some form of judicial sentence review, often called second look laws. These tend to focus on people sentenced as juveniles or those who committed offenses before age 25, though some apply more broadly. Time-served thresholds before a prisoner can petition range from 15 to 30 years depending on the jurisdiction and the severity of the original conviction.
State second look hearings evaluate transformation since sentencing. Educational achievements, vocational training, mentorship involvement, and disciplinary record all factor in. Judges weigh whether the original sentence still makes sense given the person’s age, maturity, and demonstrated change over decades of incarceration. At the federal level, there is no standalone second look statute; the elderly-prisoner provision above is the closest equivalent.
Documents and Forms
A release petition succeeds or fails on its paperwork. The court needs the original Judgment and Commitment Order, which confirms the exact terms of the sentence and the statutes of conviction. A full disciplinary record from the BOP covering the prisoner’s institutional behavior over time matters just as much. Certificates from completed vocational training, drug treatment, educational courses, or First Step Act programming give the court concrete evidence of rehabilitation.
For compassionate release, the right federal form is AO 250, “Pro Se Motion for Compassionate Release,” which covers sentence reductions under 18 U.S.C. § 3582(c)(1)(A).8United States Courts. AO 250 – Pro Se Motion for Compassionate Release The form asks for the prisoner’s full legal name, case number, and the specific grounds for relief. A different form, AO 247, applies to sentence reductions based on retroactive changes to the sentencing guidelines under § 3582(c)(2). Using the wrong form creates avoidable delays.
How to File
Once the administrative requirement is satisfied, the completed motion goes to the clerk of the sentencing court — the same court that handed down the original sentence. Most federal courts use electronic filing, but prisoners representing themselves typically file through the prison’s legal mail system. A copy of the motion must be served on the prosecutor’s office that handled the original case, which gives the government a chance to respond.
After the government responds, the court may schedule a hearing or rule on the papers alone. Wait times for a decision range from several weeks to several months depending on the court’s caseload. There is no constitutional right to a court-appointed attorney for sentence reduction motions. A prisoner filing pro se can ask the court to appoint counsel, and some judges will grant that request, but many applicants navigate the process without a lawyer. A well-organized petition with clear documentation does a lot to make up for that.
Life After Release: Supervised Release
A successful petition rarely means walking out with no conditions attached. Nearly every sentence reduction results in a term of supervised release, and violating the conditions can send a person back to prison. Under 18 U.S.C. § 3583(e)(3), the maximum imprisonment on a supervised release revocation depends on the seriousness of the original offense:9Office of the Law Revision Counsel. 18 USC 3583 – Inclusion of a Term of Supervised Release After Imprisonment
- Class A felony: up to 5 years
- Class B felony: up to 3 years
- Class C or D felony: up to 2 years
- All other offenses: up to 1 year
Standard conditions include reporting to a probation officer, maintaining employment, and submitting to drug testing. Courts are required to revoke supervised release and impose a prison term if a person refuses drug testing or tests positive for illegal substances more than three times in a year.9Office of the Law Revision Counsel. 18 USC 3583 – Inclusion of a Term of Supervised Release After Imprisonment Judges can also impose special conditions, like treatment programs or restrictions tied to the individual’s risk factors. Supervised release is a real legal obligation with real consequences for noncompliance, and planning for it belongs in the petition itself.