What Is the Release Process for Federal Prison?

Federal prisoners can get their freedom after the completion of their sentence or by getting an early release. The government only releases inmates who have paid for their crimes and those who won’t be a threat to society. There are many ways a prisoner can start their release process.

Parole is one of the main ways an inmate can obtain a release before their sentence is over. Eligible inmates can request parole; if the federal government approves it, they get their freedom. Inmates are also, at times, given compassionate release if their health and age make it impossible for them to serve the rest of their sentence.

Process for Release by Parole

The federal government allows inmates with a sentence of 30 years and below to apply for parole. Unless a judge has set a minimum time a prisoner has to serve before they can be eligible for parole, they can request one shortly after sentencing. In such a case, they will receive a hearing within four months of incarceration.

Prisoners with sentences of more than thirty years can apply for parole only after the eligibility date. They typically receive their first parole hearing nine months after the date. The inmate can start the process on their own or use a lawyer.

Once the board considers a prisoner for parole, they hold the first hearing. The inmate is given a chance to argue why they deserve to be released. Victims of the crime can be present during the parole hearing. They can also over a statement and a recommendation on whether the inmate deserves to be back in society.

The parole board always communicates with the inmate on any decision made after a hearing. They do this using a Notice of Action. The prisoner’s parole is reviewed again and awarded if the circumstances are compelling.

If the board determines the inmate should be released, they approve their parole. The prisoner is given the guidelines they must abide by when out of prison. They are usually given a period of supervision where they must report to a parole officer regularly.

If the board denies parole to an offender, they can appeal. When inmates feel the parole commission is unfair, they can request another hearing within 30 days. The offender gets another parole review from the National Appeals Board.

Process for a Compassionate Release

The government can end a federal prisoner’s sentence through compassionate release. Not every inmate can be eligible for this type of release. An inmate can file a petition for a compassionate release due to the following reasons;

Terminal Illness

If an inmate is suffering from a terminal ailment that significantly affects their ability to function, the government can release them before they finish their sentence. Typically, only inmates with less than one and a half years to leave qualify.

During the global epidemic’s peak, inmates susceptible to the COVID-19 virus were also considered for a compassionate release. Many federal inmates got released to reduce the chances of infection.

Age

Inmates over the age of 65 and who have served more than 50% of their sentence are eligible. They must have a chronic mental or physical condition brought on by old age that prevents them from functioning in prison. Prisoners over 70 years who have been in jail for more than 30yrs can also apply for a compassionate release.

The federal department of corrections requires that the inmates also meet the following qualifications;

The inmate should not have any history of sexual misconduct, violence, or terrorism.
The prisoner should be a model prisoner who has never attempted to escape prison.
Should not be at risk of endangering an individual or the public after release.
The prisoner should not be prone to engaging in criminal activities. If the government establishes that the individual could break the law, they will not have a compassionate release.

Incapacitation of a Partner

If an inmate’s spouse suffers from a condition that makes it impossible for them to care for themselves, the prisoner can get a compassionate release. The offender has to be the only available caregiver. The inmate also needs to have the following qualifications;

They should have no history of violence, domestic or otherwise. If the inmate has a history of beating or fighting with their partner, the government cannot release them as caretakers.
Has to be able to support the partner and cater for the medical bills. Since the partner cannot work, the inmate has to prove they have the means to provide for their spouse.
The inmate should have no record of neglect or abuse. Individuals who have a history of neglecting their spouse are not eligible.
The prisoner should have contact with the spouse. There must be proof of recent and constant interaction between them; their relationship should be active and ongoing.
Shared residence with the partner before incarceration: If the inmate did not live with their spouse before imprisonment, they might not qualify for an early release.

Incapacitation or Death of a Guardian

If the primary caretaker of an inmate’s child dies, the government can offer the prisoner a compassionate release to go and take care of the child. The offender must be the only available family member to look after the child. The BOP has to ensure the inmate is fit to be a parent by considering the following;

The offender should be able to get a job or have a source of funding to cater for the child’s needs. BOP has to ensure that the inmate will have the financial capability to provide for the child’s needs if released.
If there is any documentation of bad parenting, like unpaid child support and restraining orders, the government may declare the inmate unfit to parent.
The type of relationship and level of contact the inmate has with the child. An inmate with little to no contact with their child cannot get a compassionate release to care for them.
If the inmate has taken any classes in prison, that can improve their character and aid in parenting.
The inmate should not have any history of neglect or endangerment. If the inmate has endangered the child at any point by having drugs or guns in the house or any other risky behavior, they can’t be eligible.
The inmate has a history of violence. Violent criminals do not qualify for compassionate release.

The federal department of prisons also has to make other considerations to determine if the inmate should be released. They include;

The nature of the crime the inmate committed and the circumstances that led to it. Inmates with severe crimes done with prejudice typically don’t qualify for a compassionate release.
Prior criminal history. An inmate with extensive records does not qualify for an early release.
The age of the inmate when they committed the crime; If the inmate committed the crime when they were over 60, they would not be eligible for compassionate release.
Post-prison plans. Including employment or financing and treatment for a medical condition.
Comments from the victims of their offense; The government considers the feelings of the offended citizen. The bureau will oblige if they present a strong case against the inmate’s release.
Their behavior and adjustment in prison; Prisoners with problems with authority and other inmates may not be eligible.
If their release affects the state of their crimes
Their personal history. The prisoner has to present a well-crafted summary of their personal life. They can only get a compassionate release if there are no red flags in their past.

An inmate with the above qualifications can request a compassionate release through the following process;

The prisoner prepares the petition by themselves or through their lawyer, citing reasons why they should get a compassionate release.
They then forward the petition to the prison warden. Typically, the warden should give feedback within a month.
For an illness petition, the warden first forwards the petition to the prison’s clinical director. The director prepares a medical summary and makes a recommendation on the eligibility of the inmate.
The general counsel reviews the petition, and they make their recommendations. The petition is sent to the prison’s director, who approves it.
The petition is sent to the U.S. attorney’s office, which submits it to the sentencing court for final approval.
The sentencing judge makes the final approval and informs the prison.

If the petition is denied or the warden does not respond within a month, the inmate can appeal using the Administrative Remedy Program.

What Happens After an Inmate Has Been Approved for Release?

Being released from a federal prison is a complex process involving several procedures. Once an inmate has been approved for release, they usually undergo the following;

For individuals completing their sentences, the BOP may start the preparation of their release 18 months prior. The process usually entails preparing the inmate for the outside world. The bureau offers guidelines and lessons to help inmates secure and maintain jobs.
The BOP may give the inmate a temporary release, so they can look for a job and a place to live once they leave prison.
The prison processes the paperwork for the inmate’s release. The offender is given civilian clothes.
The government transports the inmate to their address or the pre-release facility they will be living in. They could also provide the offender with bus fare.
In most cases, the prisoners get a transfer to pre-release custody. Inmates serve a small part of their sentence in pre-release custody, such as a halfway house.
The inmate will then have to report to a parole officer for a specified time. The parole officer can show up unannounced at the offender’s residence anytime.
Once the supervision period ends, the federal bureau of prisons considers the inmate’s sentence complete. They can continue their lives as regular citizens, not reporting to anyone.

Being released from a federal prison is complex and requires a lot of patience. The prisoner and their loved ones will have to wait without losing hope. Even after the sentence is over, much paperwork still comes with prison release.

Once an individual is in the custody of the federal bureau of prisons, they must abide by the department’s guidelines until they complete their sentence. The sentence includes supervision outside the correctional facility through the parole program.

Frequently Asked Questions

Do Federal Prisoners Get Money When Released?

Yes, inmates often receive a small amount of cash when leaving federal prison. It is commonly known as “gate money.” Some prisoners may also be eligible for a release gratuity.

What Is a Release Preparation Program?

It is a program that prepares inmates for their release into society. The program provides individuals with the conditions of release, such as the parole guidelines. The prisoner is given a chance to ask questions about the process of their freedom and life immediately after they are out of prison.

What Privileges Do Federal Inmates Have?

Federal prisoners have access to several privileges. They include;

Phone calls and letter correspondence with friends and family members
Purchase of selected items from the prison commissary
Participation in recreational activities such as gym and basketball
Enrolling in educational programs

The federal prison can revoke the privileges at any time if the inmate breaks any of the guidelines set by the facility.

What Can a Prisoner Do on Day Release?

Sometimes the BOP can offer prisoners a temporary release from their prisons. In most cases, the release is usually given to facilitate the inmate’s easier integration with society once they are completely released. If the inmate has been awarded one day, they can use it to carry out the following activities;

Visit their families to maintain ties
Go for a job interview
Find a house to settle in after release
Take a course to help them get a job once released
Work for pay or on a volunteer basis.
Attend a funeral