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UNITED STATES DISTRICT COURT

__________ District of _________

____________ Division

UNITED STATES OF AMERICA

V.                                                                                Case Number – ______________________

____________________________

____________________________________

MOTION FOR COMPASSIONATE RELEASE

            Defendant ______________, is hereby making this Motion for Compassionate Release, Pro Se’, after having been released to Home Confinement based upon BOP Covid protocol.

            Defendant is an ______-year old man/woman with numerous chronic illnesses relating to the aging process including:

  1. [Complete List of Ailments Here]
  2. [Complete List of Ailments Here]

Defendant qualifies for Compassionate Release under Section 4(b) of PS 5050.50, which states that an inmate may be considered for Compassionate Release if the inmate (i) is older than 65, (ii) suffers from chronic or serious medical conditions related to the aging process, (iii) is experiencing deteriorating mental or physical health that substantially diminishes his/her ability to function in a correctional facility, (iv) can demonstrate that conventional treatment promises no substantial improvement, and (v) has served at least 50% of his/her sentence. 

As mentioned above, Defendant is currently under Home Confinement.  Defendant is greatly appreciative of the opportunity to serve his/her time in this safer environment, however, many obstacles still remain.  The primary of which relate to Defendant’s ongoing healthcare and medical needs. 

Defendant is currently under the supervision of Halfway House, which is currently under-staffed and overwhelmed as a result of the Covid pandemic.  The way the process works is, that Defendant must first make requests for medical appointments to a Case Manager.  Many Case Managers are now working reduced hours because of additional Covid precautions, while also supervising more former inmates, creating bottlenecks and delays in this part of the process.  Moreover, the appointment is then sent to Naphcare (which handles all of the BOP’s medical appointments), which typically takes many weeks or months to schedule an appointment.  Defendant must then request a furlough from the same overburdened Case Manager in order to go to the appointment (which is a challenge given limited Case Manager availability).  Any follow-ups such as blood and urine tests or ultrasounds, must then be submitted again to the Case Manager and approved by Naphcare, as well as any follow-up appointments with the specialist recommending the tests.  So, you can easily see how a process that should take days (or, at worst, weeks), now requires in excess of 6 months.  And, that’s all just to see one specialist.  The BOP is even slower on approving several specialists simultaneously. 

Defendant is now also effectively outside of the prison system, so that Defendant cannot easily and readily avail himself/herself of the BOP Administrative process in directly requesting Compassionate Release.  Defendant has no recourse in making this request other than appealing directly to your Honor.

Defendant readily acknowledges the harm he/she has caused and has spent the last ___ years experiencing loss, regret and remorse beyond measure.  Defendant also fully understands and appreciates the need for the Sentence your Honor meted out to Defendant.  It is, therefore, with great reticence that Defendant beseeches the Court for this generous accommodation, so that Defendant may attend to his/her ongoing medical needs that will not be met by the current medical and healthcare services available to Defendant.  For these reasons, Defendant respectfully requests this Honorable Court grant Defendant’s Motion for Compassionate Release or, in the alternative, the conversion of the remainder of Defendant’s sentence to Supervised Release.  Defendant thanks your Honor for this consideration.

Respectfully submitted,

___________________________

[Name]

[Address]

[Phone Number]