Which Health Conditions Supported Compassionate Release During COVID-19?

During the pandemic, many people asked for compassionate release because they had a health condition that the CDC said made severe COVID-19 more likely. Below is the CDC's list as it stood in August 2020, along with what a judge also had to consider.

Update (October 2026): This post reflects the CDC's list as of August 2020. The CDC has changed its list since then. Also, since November 1, 2023, the Sentencing Commission's policy statement, USSG §1B1.13, spells out the reasons a judge can accept. One of them, §1B1.13(b)(1)(D), covers a person held at a prison hit by an infectious disease outbreak or public health emergency who faces a higher risk of severe illness, when that risk cannot be reduced in time.

Compassionate release is a court order that shortens a federal sentence. To get it, you must show "extraordinary and compelling reasons." Serious health problems, or not being able to care for yourself in prison, are common reasons.

During the pandemic, many requests relied on health conditions that the Centers for Disease Control and Prevention (CDC) linked to severe COVID-19.

Conditions the CDC said increased the risk (2020)

• Cancer
• Chronic kidney disease
• COPD (chronic obstructive pulmonary disease)
• A weakened immune system from a solid organ transplant
• Obesity (body mass index, or BMI, of 30 or higher)
• Serious heart conditions, such as heart failure, coronary artery disease, or cardiomyopathies
• Sickle cell disease
• Type 2 diabetes

Conditions the CDC said might increase the risk (2020)

• Moderate to severe asthma
• Cerebrovascular disease (problems with blood flow to the brain)
• Cystic fibrosis
• High blood pressure
• A weakened immune system from a blood or bone marrow transplant
• Immune deficiencies
• HIV
• Use of corticosteroids or other drugs that weaken the immune system
• Neurologic conditions, such as dementia
• Liver disease
• Pregnancy
• Pulmonary fibrosis (damaged or scarred lung tissue)
• Smoking
• Thalassemia (a type of blood disorder)
• Type 1 diabetes

A health condition is only part of the case

A health condition alone is not enough. The judge must also weigh the sentencing factors in 18 U.S.C. § 3553(a), such as the nature of the offense and public safety.

There is also a first step before going to court. Under 18 U.S.C. § 3582(c)(1)(A), the person in prison must ask the warden first. A motion can be filed in court after the BOP's denial has been fully appealed, or 30 days after the warden receives the request, whichever comes first. It also helps to gather the person's BOP (Bureau of Prisons) medical records early, because they are usually the main proof of a health condition.

If you or a loved one is thinking about compassionate release, a lawyer can check whether you qualify and help you present the strongest honest case you have.

Facing a federal sentence? Book a consultation to talk it through with Brandon Sample.