The Compassionate Release Clearinghouse, COVID-19, and the Future of Criminal Justice

The majority were elderly and suffered from underlying medical conditions recognized by the Centers for Disease Control and Prevention (CDC) as risk factors Congress divided responsibility among three actors: * To the US Sentencing Commission (USSC or Sentencing Commission), it gave the job of defining what constitute extraordinary and compelling reasons (such as terminal illness or advanced age) and providing guidance to courts considering compassionate release motions 28 U S C 994(t) * The BOP was to identify prisoners who met the criteria and file reduction in sentence motions in the sentencing court 18 U S C 3582(c)(1)(A)(i) * Finally, the court would decide whether to reduce the sentence after considering the factors in 18 U S C 3553(a), and if it found that "extraordinary and compelling reasons" warrant a reduction 18 U S C 3582(c)(1)(A)(i) [ ]prisoners had no right to appeal an adverse BOP decision to the court The court is in a unique position to determine whether the circumstances warrant a reduction (and, if so, the amount of reduction), after considering the factors set forth in 18 U S C 3553(a) and the criteria set forth in this policy statement, such as the defendant's medical condition, the defendant's family circumstances, and whether the defendant is a danger to the safety of any other person or to the community