It was February 2019, and Mary Price had rarely seen her office so busy. A wiry woman in her sixties with shoulder-length straight hair, Price is general counsel at FAMM, a nonprofit organization in Washington, D.C. FAMM is an acronym for Families Against Mandatory Minimums, and in addition to opposing severe sentencing, the group broadly advocates for the fair treatment of people in prisons across the United States. FAMM had recently sent out an edition of its newsletter, which supporters knew as the “FAMM Gram.” The response from readers began as a trickle, then became overwhelming, and for good reason: The newsletter outlined historic changes to the U.S. government’s compassionate release process.
Since the mid-1980s, federal prisoners have been able to seek compassionate release for what the law deems “extraordinary and compelling reasons”—including old age, terminal illness, and severe disability—by requesting that the Bureau of Prisons file a motion on their behalf in court. The BOP, however, rejects almost every request it receives. In January 2018, the Department of Justice reported that the BOP had approved less than 10 percent of the compassionate release applications it received over the previous four years, allowing just 306 people to go home. (Within the same time frame, 81 prisoners died waiting for the BOP to respond at all.) The DOJ’s Office of the Inspector General called the process “poorly managed,” with “inconsistent and ad hoc implementation [that] has likely resulted in potentially eligible inmates not being considered for release.”