Compassionate Release: The Impact of the First Step Act and COVID-19 Pandemic

(Published March 10, 2022) This publication describes trends in compassionate release decisions during fiscal year 2020, focusing on the continuing impact of the First Step Act of 2018 and the more recent and dramatic impact of the COVID-19 pandemic. It includes detailed information about the reasons courts cited to grant or deny section 3582(c)(1)(A) motions and, for offenders granted a sentence reduction, the nature of the relief received.

This report first provides an overview of offenders who were granted or denied compassionate release in fiscal year 2020, examining geography, demographics, offense type, criminal history, and selected offense characteristics. Next, it focuses on offenders granted compassionate release, describing the reasons courts cited for granting relief and the nature of the relief received. Finally, it focuses on offenders denied relief in fiscal year 2020, describing the reasons courts cited for denying relief. Where appropriate, this report also highlights similarities and differences with the data in the Commission’s First Step Act Year One Report and with the composition of the federal prison population.

The overwhelming majority of compassionate release decisions studied in this report occurred during the second half of the fiscal year, after the onset of the pandemic. As a result, this report largely focuses on the early response to the COVID-19 pandemic and is not reflective of later trends in compassionate release, once COVID-19 vaccines became widely available, or predictive of future trends.


Key Findings

Building on the First Step Act Year One Report and Compassionate Release Data Report, this report examines the use of compassionate release during fiscal year 2020. As part of this analysis, the Commission makes the following key findings: