BOP Program Statement 5050.51 § 4

A physician, Advanced Practice Provider, or other medical professional will be consulted for

review of all RIS requests based on medical circumstances.

a. Terminal Medical Condition. RIS consideration may be given to inmates in custody who

have been diagnosed with a terminal, incurable disease (i.e., a serious and advanced illness with

an end-of-life trajectory) as determined pursuant to the Compassionate Release Clinical

Guidance issued by the Medical Director located on the Health Services Division (HSD) page of

the Bureau’s intranet site.

The Bureau’s consideration will include assessment of the primary (terminal) disease, prognosis,

survival rate, impact of other serious medical conditions of the inmate, and degree of functional

impairment if any. Functional impairment (e.g., limitations on Activities of Daily Living such as

feeding and dressing oneself, and Instrumental Activities of Daily Living such as using the

phone and computer) may be a factor when considering the inmate’s terminal prognosis or

survival rate, as well as a factor in assessing the inmate’s ability to re-offend.

Pursuant to 18 U.S.C. § 3582(d)(2)(A), in the case of a diagnosis of a terminal illness, the Bureau

must, subject to confidentiality requirements:

(i) not later than 72 hours after the diagnosis notify the inmate’s attorney, partner, and family

members of the inmate’s condition and inform the attorney, partner, and family members

that they may prepare and submit on the inmate’s behalf a request for a sentence reduction

pursuant to subsection (c)(1)(A);

(ii) not later than seven days after the date of the diagnosis, provide the inmate’s partner and

family members (including extended family) with an opportunity to visit the inmate in

person;

(iii) upon request from the inmate or his attorney, partner, or a family member, ensure that

Bureau employees assist the inmate in the preparation, drafting, and submission of a request

for a sentence reduction pursuant to subsection (c)(1)(A); and

(iv) not later than 14 days after receipt of a request for a sentence reduction submitted on the

inmate’s behalf by the inmate or their attorney, partner, or family member, process the

request.

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The statutory time frames of section 3582(d)(2)(A) begin once the Clinical Director of an

institution makes a terminal diagnosis. Once the diagnosis is made, the Clinical Director will

inform the Warden and the appropriate Unit Manager within 24 hours of the diagnosis to ensure

requirements are met.

Written authorization to effectuate notifications as described above will be documented on the

BP-A0192, Release of Information Consent form, or equivalent written authorization.

If the visit is denied for security concerns, as reflected in 18 U.S.C. § 3582(d)(3)(j), the reasons

must be documented.

The Warden will forward the information indicated in section 10 of this program statement to

the Office of General Counsel within 14 days.

b. Debilitated Medical Condition. RIS consideration may also be given to an inmate who is

suffering from:

(i) a serious physical or medical condition; or

(ii) a serious functional or cognitive impairment;

from which the inmate is not expected to recover, and which substantially diminishes the

inmate’s ability to provide self-care within the correctional environment. The Bureau’s

determination will be made pursuant to the Compassionate Release Clinical Guidance located on

the HSD page of the Bureau’s intranet site, and will involve consideration of the primary disease,

impact of other serious medical conditions of the individual, and degree of functional

impairment.

Pursuant to 18 U.S.C. § 3582(d)(2)(B), in the case of an inmate unable to submit a request for a

RIS, Bureau institution staff shall:

(i) inform the inmate’s attorney, partner, and family members that they may prepare and

submit on the defendant’s behalf a request for a sentence reduction pursuant to subsection

(c)(1)(A);

(ii) accept and process a request for sentence reduction that has been prepared and submitted

on the inmate’s behalf by the inmate’s attorney, partner, or family member under clause (i);

and

(iii) upon request from the inmate or his or her attorney, partner, or family member, ensure

that Bureau of Prisons employees assist the inmate in the preparation, drafting, and

submission of a request for a sentence reduction pursuant to subsection (c)(1)(A).

5050.51 9/3/2026 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 5

c. Elderly Inmates with Medical Conditions. RIS consideration may be given to individuals

who are 65 and older, have served the lesser of 10 years or 75 percent of their term of

imprisonment, and are experiencing serious deterioration in physical or mental health because of

the aging process, as determined pursuant to the Compassionate Release Clinical Guidance

located on the HSD page of the Bureau’s intranet site.

d. Infectious Disease. RIS consideration may be given to inmates housed at a correctional

facility affected or at imminent risk of being affected by either an ongoing and extraordinary

outbreak of infectious disease or a public health emergency declared by an appropriate federal,

state, or local authority, and such risk cannot be mitigated in a timely or adequate manner. The

Bureau will consider a RIS in these circumstances if the Clinical Director determines the inmate

is at increased risk of suffering severe medical complications or death due to current personal

medical risk factors, and as determined pursuant to the Compassionate Release Clinical

Guidance located on the HSD page of the Bureau’s intranet site.

e. Other Extraordinary Medical Circumstances. RIS consideration may be given to an

inmate suffering from a medical condition requiring long-term or specialized medical care that

cannot be provided in the Bureau without undue hardship, prohibitive costs, or significant

disruption to the safe and orderly running of the institution, and without which the inmate is at

risk of serious deterioration in health or death. Refer to the Compassionate Release Clinical

Guidance issued by the Medical Director for examples of the circumstances in which a RIS

under this criterion may be appropriate.