Prior to passage of the FSA, compassionate release in federal sentencing existed, but was very rarely granted. The Federal Bureau of Prisons (BOP) had a lot of control over decisions about compassionate release and used that power in a in a very arbitrary way, denying nearly all compassionate release petitions. Because there was no right of appeal for the denial of compassionate release, people remained in prison despite being good candidates for compassionate release. The FSA changed that.
Under current law, the BOP no longer has the last word. The FSA not only expanded the types of circumstances that can qualify for compassionate release, it also created a right to present a motion for compassionate release to the district court if denied by the BOP. To ensure that compassionate release is a viable option for eligible people, the FSA also created requirements that the BOP notify a person’s family of a terminal diagnosis within 72 hours and the BOP must assist with a compassionate release request if asked to do so by someone who is mentally or physically unable to submit a request on their own.