Will COVID 19 Unlock Compassionate Release Petitions?

Charlotte F. Braziel, MBA, MS

Saint Leo University

Correspondence concerning this article should be

Addressed to

[email protected]

Charlotte Braziel, Criminal Justice

Saint Leo University, Saint Leo, FL 33574

Abstract

The United States' mass incarceration rates have challenged correctional institutions for several decades. The criminal justice system, policymakers, the courts and the public have sought to enact and/or create policies to reduce the inmate population. Congress has supported early release programs, home confinement, and compassionate release as instruments to reduce inmate populations and costs. The courts, the United States Sentencing Commission, and the Federal

Bureau of Prisons are responsible for implementating and managing these programs. In response to the public health threats from the Coronavirus pandemic, Congress, the public, and inmates are demanding that these programs be used to reduce the inmate population and risk to exposure.

This paper explores the historical use of early and compassionate release programs and how these options can reduce the health threats from the coronavirus pandemic.

Keywords: compassionate release, coronavirus, health care risks and costs

Will COVID 19 Unlock Compassionate Release Petitions?

More than 500 victims of Bernie Madoff's Ponzi scheme voiced their opposition to

Madoffs' motion for a reduction in sentence based on end-stage renal failure, medical complications and a life expectancy of less than 18 months. Madoff, who was responsible for the largest Ponzi scheme in history that left thousands in financial ruin, was sentenced to 150 years in prison. Although Madoff met the statutory requirements for compassionate release, United

States Federal Judge Chin stated the court was not obligated to reduce Madoff's sentence. Judge

Chin denied Madoff's motion stating when he sentenced Madoff in 2009, "it was fully my intent that he live out the rest of his life in prison" (United States. v. Madoff, 2020, p. 15). Judge Chin continued that he had not seen anything new that would persuade him to alter the sentence; therefore, Madoff's motion for compassionate release was denied (United States v. Madoff

2020).

Simultaneously, President Trump's former campaign manager, Paul Manafort sought an early release from prison due to the Coronavirus outbreak. Manafort's attorneys cited Manafort's medical conditions increased his vulnerability to infections and the virus. Although Manafort did not meet the requirements for early release, Manafort was released to home confinement. Why was one motion denied when the conditions for release were met, and another approved when the requirements were clearly not met (Sullivan, 2019)? These two cases exposed the difficulties and complexities in the criminal justice early release and reduction in sentence programs.

On March 26, 2020, Attorney General William Barr issued a directive to the Bureau of

Prisons (BOP) to "use statutory authorities to grant home confinement for inmates seeking transfer in connection with the ongoing COVID 19 pandemic" (para. 2). COVID-19 is an

acronym for Coronavirus disease 2019 (Kaplan, 2020). Barr emphasized the BOP was able to manage the prisoner population with home confinement. The Coronavirus Aid, Relief, and

Economic Security (CARES) Act, includes a provision permitting the Attorney General to expand the release program during an emergency to release prisoners to home confinement when the conditions are materially affecting prison operations (Barr, April 3, 2020). Home confinement does not terminate or reduce an individual's sentence (Reitman, 2020). The Federal

Bureau of Prisons April 2019 memorandum states home confinement for low-risk offenders may be used as a place in a home for 10 percent of their sentence or for six months. The language was included in the CARES Act to decrease the prison population during the pandemic.

In the March 26, 2020 memorandum, Barr stated there were prisoners at risk from the pandemic, who were identified as non-violent, and were not likely to re-offend, so would be eligible for home confinement. Barr did not discuss the compassionate release program for the ailing and elderly inmate population in his March memorandum. In a subsequent memorandum written on April 3, 2020, in response to COVID-19 outbreaks in three federal corrections institutions and the death of inmate Patrick Jones, Barr directed BOP to prioritize releasing inmates from the three facilitates while protecting public safety (Reitman, 2020). Barr authorized the release of the inmates without electronic monitoring due to the public health threats from the virus. Again, Barr did not discuss any other programs that would facilitate BOP in releasing inmates.

Coronavirus

The coronavirus pandemic sheds light on the dilemmas and challenges the Bureau of

Prisons encounters when attending to the needs of elderly and infirmed inmates. Currently, there are 163,441 prisoners in BOP custody or managed facilities. Over 19,000 federal inmates are

over the age of 55( Federal Bureau of Prisons, 2020). People over the age of 55 are considered elderly because of the rapid aging process when a person is incarcerated (Silber et al., 2017).

Hollern (2018) states the BOP population, aged 50 and older grew 25% from 2009 to 2015. The growth in the elderly inmate population is attributed to longer sentences, individuals entering the system older and inmates living longer. Elderly inmates exhibit higher instances of disease, chronic health illness and diseases (Psick et al., 2017; U.S. Department of Justice OIG, 2016).

The Center for Disease Control (CDC) (2020) identifies individuals over the age of 65, and those with underlying medical conditions such as heart, liver and lung disease, asthma, diabetes, obesity, human immunodeficiency as having a higher risk for COVID 19. Individuals in prison incur an increased risk of exposure due to the conditions in penal institutions. Prisons are overcrowded, access to proper hygiene is limited, and there is no area to isolate. Individuals are unable to practice social distancing, which the CDC cites as instrumental in halting the virus spreading. Inmates lack access to personal protective equipment such as face masks, which can restrict the spread of the virus (Bick, 2007; Miller et al., 2020). On June 16, 2020, the New York

Times reports that coronavirus cases have grown the fastest in prisons and jails while the rate of cases flattened across the nation (Williams et al., 2020). These conditions and the rapid growth in the aging population create financial, safety and health care consequences for the system

(Hollern, 2018; Kim & Peterson, 2014; Wylie et al., 2018).

Elderly Care

Age appropriate health care is expensive. An elderly prison population increases the amount of health care provided in a correctional institution (Kim & Peterson, 2014; Reese, 2019)

It is estimated that elderly inmates cost three times more than costs for younger inmates (Snyder et al., 2009). Prison health care staff find it problematic to meet the needs of chronically ill

inmates, and those who have AIDS, hepatitis B and C, dementia, and depression. Correctional staff must also assist inmates who are unable to perform daily functional living chores. Elderly inmates are less mobile and require expensive medical equipment and medications (Kim &

Petersen, 2014; Psick et al., 2017; Reese, 2019; Snyder et al., 2009).

According to Hollern (2018), prisons lack the ability, housing and equipment to care for the aged inmate. The Department of Justice Office of Inspector General (OIG) (2016) reported that BOP staff is not adequately trained to deliver services to elderly inmates. The OIG 2016 report, The Impact of an Aging Inmate Population on the Federal Bureau of Prisons states.

The OIG found that aging inmates are more costly to incarcerate than their younger

counterparts due to increased medical needs. We further found that limited institution

staff and inadequate staff training affect the BOP's ability to address the needs of aging

inmates. The physical infrastructure of BOP institutions also limits the availability of

appropriate housing for aging inmates. Further, the BOP does not provide programming

opportunities designed specifically to meet the needs of aging inmates. We also

determined that aging inmates engage in fewer misconduct incidents while incarcerated

and have a lower rate of re-arrest once released; however, BOP policies limit the number

of aging inmates who can be considered for early release and, as a result, few are actually

released early. (p.1)

Holland et al. (2018) argued that compassionate release is both ethical and cost effective.

"The care of terminally ill persons in correctional settings is a human rights and social justice issue" (Holland et al., 2018. p.3). Mitchell and Williams (2017) contended that when a person is denied palliative care or is incarcerated with a severe and debilitating illness, there is a violation of human dignity. In Estelle v. Gamble (1976), the court ruled that the government is obligated to

provide medical care to inmates. Failure to do so will inflict "unnecessary suffering." The deliberate indifference to serious medical needs of prisoners constitutes the "unnecessary and wanton infliction of pain" in violation of the 8th Amendment (Hollern, 2017). In United States v.

Dimasi (2016), the court advised: "the Eighth Amendment guarantees inmates in Bureau of

Prisons custody adequate medical care for a serious medical need" (p. 194).

Call to Action

The Center for Disease Control (CDC) stresses the threats that coronavirus can have on the elderly and vulnerable population increases the risk of death and serious illnesses. In response, numerous advocacy organizations called for BOP to act immediately to protect the prisoners. On March 18, 2020, the Vera Institute wrote, "It is not a matter of if, but when

Coronavirus shows up in courts, jails, detention centers, prisons, and other places where the work of the criminal and immigration system occurs" (para. 2). Representatives from Families against

Mandatory Minimums (FAMM), the National Association of Criminal Defense Attorneys

(NACDA), the Washington Lawyers Committee for Civil Rights and Urban Affairs united to assist clients in securing their release under the compassionate release and home confinement programs (James & Foster, 2020; Robert, 2020).

Supporting the public and elderly, the American Civil Liberties Union (ACLU) (2020) sent a letter to Attorney General Barr and the Bureau of Prisons (BOP) requesting the use of compassionate releases to mediate prison overcrowding and reduce the risk to vulnerable inmate population exposed to COVID-19 (Coleman, 2020; James & Foster 2020). Several members of

Congress contacted Attorney General Barr on March 30, 2020, following the death of a BOP inmate to use Title 18 USC. 3582 (c)(1)(i), which authorizes the release of prisons due to

"extraordinary and compelling reasons." The request encouraged the BOP to utilize all the tools available to release prisoners (Nadler & Bass, 2020).

The government quickly passed the CARES Act to immediately take actions to mediate the threats and risks stemming from the coronavirus pandemic (LeBrecque, 2020). In March and

April 2020, the Attorney General encouraged the Bureau of Prisons to use their authority under the CARES Act to release inmates to home confinement. The CARES Act mandated the BOP consider the inmates' age, vulnerability to COVID 19, and the inmates' Prisoner Assessment Tool

Targeting Estimated Risk and Needs (PATTERN) score. Also, BOP officials need to review the inmate's criminal offenses. Not all inmates would be eligible for release under home confinement regulations. In his directives, the Attorney General did not provide guidance or instructions to

BOP to employ compassionate release options Second Chance or the elderly release programs outlined in the First Step Act of 2018. This discrepancy is consistent with the BOP restrictive approach to compassionate release filings.

Compassionate Release Acts

The Sentencing Reform Act of 1984

The Sentencing Reform Act of 1984, (SRA) Title II of the Comprehensive Crime Control

Act of 1994 created the United States Sentencing Commission, abolished parole, facilitated the development of sentencing guidelines, and approved the court to act as a safety value to modify sentences (Whetzel & Johnson, 2019). SRA provided inmates the right to request the Director of the Federal Bureau of Prisons approve a reduction in sentence based on extraordinary and compelling circumstances. The Act was codified in 18 USC section 3582 (c)(1)(A)(i), that permits modification in sentencing terms "if extraordinary and compelling reasons warrant such a reduction and that such a reduction is consistent with applicable policy statements” issued by

the Sentencing Commission (United States Department of Jutice, OIG, 2013, p. 4). The Act recognizes that conditions may change warranting a modification in sentencing. Fellner and

Price (2012) stated the compassionate release program is an attempt to temper justice with mercy.

The Sentencing Act of 1984 failed to define compassionate release or what constitutes extraordinary and compelling circumstances. The United States Sentencing Commission identified. the following criteria to meet the extraordinary and compelling provision:

1. The defendant is suffering from a terminal illness.

2. The defendant is suffering from a permanent physical or medical condition, or is experiencing deteriorating physical or mental health because of the aging process, which substantially diminishes the ability of the defendant to provide self-care and for which conventional treatment promises no substantial improvement.

3. The death or incapacitation of the defendant's only family member capable of caring for the defendant's minor child or minor children.

4. Any other circumstance which the Director of the Bureau of Prisons finds to be an extraordinary and compelling reason (United States Department of Justice, OIG, 2013, p.8).

In 2012, Families against Mandatory Minimums and Human Watch issued a report on the

United States Federal Prisons compassionate release program titled The Answer is No. Too Little

Compassionate Release in US Federal Prisons (Fellner & Price, 2012). The report was highly critical of the BOP policies and restrictive interpretation of the Sentencing Act and compassionate release programs. The report alleged that the BOP made decisions on prisoners' requests that should have been made by the courts and few inmates were approved for compassionate release (Fellner & Price, 2012). Families against Mandatory Minimums (FAMM)

further asserted the paucity of approved compassionate requests indicated the BOP "usurped the role of the courts. Indeed, it is fair to say the jailers are acting as judges" (p.3). FAMM's extensive review of cases and the documentation of the BOP actions led to a Department of

Justice OIG investigation of BOP's implementation and administration of compassionate release requests.

The OIG investigation summary (2013) stated: "we found that the existing BOP compassionate release program has been poorly managed and implemented inconsistently likely resulting in eligible inmates not being considered for release and terminally ill inmates dying before their requests were decided” (Department of Justice OIG, 2013, p.1). The Office of

Inspector General investigation identified several areas of concern and need for improvement.

The report documented that from 2006-2011, BOP underutilized the program and failed to communicate consistent standards, which resulted in a disparity in the application of the program. During the six years reviewed by the Office of Inspector General, 211 inmates requested a compassionate release. BOP approved 142 or an average of 24 cases per year

(Department of Justice OIG, 2013; Wylie et al., 2018). The BOP lacked a collection and tracking methods to record the requests submitted, which hindered the filing process and audit. BOP failed to establish a schedule outlining the protocols for processing requests promptly. In 13% of the cases, the inmate died before the appeal was reviewed due to delays in the processing. BOP failed to communicate with the inmates regarding the availability and application procedures to inmates. The report confirmed a recidivism rate of those released on the program to be 3.5 % compared to the general recidivism rate of 41%. In response to the 2013 OIG report, the BOP implemented several policy changes (Department of Justice OIG, 2013; Holland et al., 2018;

Statement Horowitz, 2016; Silber et al., 2017; Wylie et al., 2018).

In 2013 the Bureau of Prisoners changed the compassionate release criteria to:

1. age 65 and older,

2. suffering from chronic or serious medical conditions related to the aging process,

experiencing deteriorating mental or physical health that substantially diminishes

their ability to function in a correctional facility,

3. for whom conventional treatment promises no substantial improvement to their

mental or physical condition, and

4. who have served at least 50 percent of their sentence.

According to Inspector General Michael Horowitz's 2016 statement to the United States

Sentencing Commission, a review of these changes did not alter the effectiveness of the BOP release programs. From August 2013 to September 2014, 83 inmates were granted a reduction in sentence; only two inmates were eligible under the new guidelines. Horowitz advised the

Committee that BOP "could do more to improve its compassionate release program"

(Compassionate release and the conditions of supervision, 2016, p.4).

First Step Act Of 2018

In December 2018, President Trump signed the Formerly Incarcerated Reenter Society

Transformed Safely Transitioning Every Person Act (First Step Act of 2018), massive criminal justice reform act that addressed sentencing reform, reduce costs, decrease incarceration rates and improve outcomes in the criminal justice system (Fandos, 2020) The First Step Act of 2018 reauthorized the Second Change Act 2007 pilot program to 2023 for eligible elderly offenders and terminally ill offenders to be released to home confinement. The Act waived the 10 percent or six- month limitation from the pilot program. Elderly offenders, terminally ill offenders, or

BOP staff can request a release under this program. The program criteria included an inmate

must be 60 years old, sentenced to less than life and served 2/3 of their sentence. Individuals convicted on violent sex offences, espionage or terrorism, were not eligible for the program. If a person was to be sentenced to home confinement, the cost must be less than incarceration in a facility. The Act included provisions for terminally ill offenders to serve the remaining sentence in home confinement (James & Foster, 2020). The BOP opposed the renewal of the elderly release pilot program, stating that only a small number of inmates met the criteria under the pilot program and that there were minimal cost savings. According to Whetzel and Johnson (2019), the United States General Accountability office challenged the BOP statement regarding the cost savings of the pilot program.

The First Step Act addresses the increased use and transparency of the compassionate release program. One significant change in the Act was an inmate's right to petition the court directly after exhausting all administrative appeals within the BOP. The Bureau of Prisons must educate and provide a written communication to inmates the right to seek a compassionate release and appeal to the courts. The First Step Act requires the BOP to notify the inmates' attorney, family member, or partner within 72 hours of the terminal illness diagnosis. If an inmate requests assistance from BOP with filing the petition for release, BOP is mandated to provide this assistance. All compassionate release petitions must be acted on within 14 days

(Whetzel & Johnson, 2019). Inmates are required to exhaust all administrative appeals and wait

30 days before filing a petition with the courts (James & Foster, 2020). Since the approval of

FSA, the United States Sentencing Commission reports the BOP approved 90 requests for compassionate release in 2019 (James & Foster, 2020).

COVID 19 and Inmate Releases

Following the Coronavirus pandemic outbreak in January 2020, Families against

Mandatory Minimums (FAMM), the National Association of Criminal Defense Attorneys

(NACDA), the Washington Lawyers Committee for Civil Rights and Urban Affairs have actively sought attorneys to assist in filing compassionate release motions for inmates. Defense

Attorney Andrew Feldman stated there has been a significant increase in compassionate release and home confinement motions due to the coronavirus outbreak. Attorneys have filed various motions to secure the release of clients or to prevent detention until the COVID 19 threat is mitigated. Feldman stated that the BOP and Attorney General Barr implemented policies to increase the release of white-collar, low risk, elderly and inmates with medical conditions to home detention (A. Feldman, personal communication, June 15, 2020).

According to Feldman, these motions have had mixed results. In Minnesota, United

States Federal District Judge Nancy Brasel granted a compassionate release motion for home confinement to a 21-year-old asthmatic male, sentenced on drug charges. The defendant argued the he was at an increased risk due to the coronavirus (McKinney, 2020). According to Feldman, the courts are looking at these motions case by case and recommending compassionate release petitions empathize the client’s underlying medical conditions.

United States District Judge Larimer granted defendant Luis Quintero’s motion for compassionate release based on the “world-wide public health issue involving the potentially lethal COVID-19 Virus” (p.1). Quintero was identified as a vulnerable inmate due to diabetes, a compromised immune system, obesity and hypertension. The United States Attorney and the

BOP warden opposed the motion claiming Quintero’s criminal history and failure to exhaust all appeal remedies. Quintero was scheduled to be released in January 2021. The judge stated the government treated Quintero’s medical condition in a cursory manner. Also, Judge Larimer

acknowledge the CARES Act and Attorney General Barr’s March 26, 2020 memorandum supported Quintero’s release. The judge ruled that Quintero's conditions were serious and supported the motion for compassionate release due to the risks from COVID-19 (United States v. Quintero, 2020)

The burden of the filing for compassionate release rests with the defendant. Section 3582 requires the defendant to exhaust all administrative appeals with BOP or a lapse of 30 days in

BOP response to the request. In United States v. Monzon, (2020) the court ruled that the exhaustion requirement must be strictly be enforced. In United States v. Zukerman, (2020) the court stated that the exhaustion provision "can be waived in light of the extraordinary threat posed-in his unique circumstances -by the COVID-19 pandemic" (p. 3). The court further stated the exhaustion requirement would be futile if the delay "results in catastrophic health consequences" (p.4). In United States v Cassidy (2020) the court notes that district judges are ruling differently regarding the exhaustion requirement.

The defendant has to present evidence of extraordinary and compelling reasons to secure a release. The courts have not ruled COVID -19 to meet this threshold. In fact, in some cases, the court has ruled against the COVID 19 as extraordinary and compelling reasons (James & Foster

2020). The CARES Act included a provision that authorizes the Attorney General to place a prisoner in home confinement during the emergency period. The Act did not discuss any changes in Title 18 section 3582 regarding the compassionate release. In May 2020, Congress passed the

Health and Economic Recovery Omnibus Emergency Solutions Act (Heroes Act). Congress includes the court authority to reduce sentences and temporary release authority, which would expand the court authority to order compassionate release, reduce penalties and remove

administrative barriers that hinder compassionate release petitions (Russell, 2020). This bill is pending with the United States Senate.

Conclusion

The Federal Bureau of Prisons is facing unprecedented and extraordinary times. Mass incarceration, health care costs and an aging inmate population presents unique challenges.

These challenges have been exasperated during the Coronavirus pandemic. The increase in coronavirus cases in prisons exceeds the growth in infection rates across the nation. Congress, the Attorney General and the public demand that BOP protect the inmates from the virus. The several options to facilitate the release of prisoners. Historically, it has mismanaged and failed to implement these options successfully. Attorney General Barr has issued several directives to accelerate the release of low risk offenders to home confinement. In the Quintero’s matter, the ruling Judge cited the CARES Act and the March 26, 2020 United States Attorney Genreal memorandum as support for granting compassionate release motions. Although courts’ rulings on compassionate release filings during the pandemic are mixed, the BOP can expedite the inmates' requests for release, which would accelerate the process. In the past, BOP has been hesitant and resistant to compassionate release requests. Given the increase in the public health care threat and the need to reduce costs, it is recommended that the BOP reverse their stand and support these applications. As Fellner and Price state, it is time to temper justice with mercy.

References

Barr, W. (March 26, 2020). Memorandum to Director of Bureau of Prisons. Prioritization of

home confinement as appropriate in response to COVID-19 pandemic.

https://www.bop.gov/coronavirus/docs/bop_memo_home_confinement.pdf

Barr, W. (April 3, 2020). Memorandum to Director of Bureau of Prisons. Increasing use of home

confinement at institutions most affected by COVID-19.

https://www.justice.gov/file/1266661/download

Bick, J.(2007). Infection control in jails and prisons, Clinical Infectious Diseases, 45/8. 1047–

1055, https://doi.org/10.1086/521910

Center for Disease Control and Prevention. (June, 2020). People who are at higher risk for

severe illness. https://www.cdc.gov/coronavirus/2019-ncov/need-extra-

precautions/people-at-higher-risk.html

Coleman, J. (2020). ACLU calls in justice department, Bureau of Prisons to release inmates

vulnerable to coronavirus. The Hill. https://thehill.com/policy/healthcare/public-global-

health/488244-aclu-calls-on-justice-department-federal-bureau-of

Estelle v Gamble 429 US 97 1976 (S Ct. 285;50).

https://www.law.cornell.edu/supremecourt/text/429/97

Fandos, N. (2018). Senate passes bipartisan criminal justice bill. New York Times.

https://www.nytimes.com/2018/12/18/us/politics/senate-criminal-justice-bill.html

Federal Bureau of Prisons Operations Memorandum.(April 2019). Home confinement under the

First Step Act. https://www.bop.gov/policy/om/001-2019.pdf

Federal Bureau of Prisons (2020). Population Statistics.

https://www.bop.gov/mobile/about/population_statistics.jsp

Fellner, J., & Price, M. (2012) The answer is no: too little compassionate release in US federal

prisons. Human Rights Watch https://lccn.loc.gov/2013478284.

Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act

(First Act) Pub. L. No 115-391- 132 Stat.5194. https://www.congress.gov/bill/115th-

congress/house-bill/5682/text#toc-HEF6ECB12598C475DA9CFFA433F22B056

Holland, M. M., Prost, S. G., Hoffmann, H. C., & Dickinson, G. E. (2018). U.S. Department of

Corrections compassionate release policies: a content analysis and call to action. OMEGA

- Journal of Death and Dying. https://doi.org/10.1177/0030222818791708

Hollern, K. (2018). Dying with dignity: Where is the compassion in compassionate release

programs? International Journal of Responsibility 1(1), 40-47.

https://commons.lib.jmu.edu/cgi/viewcontent.cgi?article=1006&context=ijr

Horowitz, M.E. (2016). Statement before the United States Sentencing Commission hearing on

“compassionate release and conditions of supervision.”

https://oig.justice.gov/testimony/t160217.pdf

James, N. & Foster, M. (2020). Federal prisoners and Covid-19. Background and authorities to

grant release, Congressional Research Service.

https://crsreports.congress.gov/product/pdf/R/R46297

Kaplan, K. (2020). What does COVID-19 stand for anyway? Los Angeles Times.

https://www.latimes.com/science/story/2020-03-27/what-does-covid-19-stand-for

Kim, K., & Peterson, B. (2014) Aging behind bars. Trends and implications of graying prisoners

in the federal prison system. Urban Institute.

https://www.semanticscholar.org/paper/Trends-and-Implications-of-Graying-Prisoners-

in-the-Kim-Peterson/39c93465f6a89ab01efdcf95c2a075691668b188

McKinney, M. (2020). Citing compassionate release, federal judge cuts Duluth inmate’s

sentence due to Covid. Star Tribune https://www.startribune.com/citing-compassionate-

release-federal-judge-cuts-duluth-inmate-s-sentence-due-to-covid/571029162/

Miller, M., Scavelli, M., Hirsch, D., & Lucas, M. (2020). The pandemic in prisons: Advocating

for clients in federal custody. Steptoe & Johnson LLP. https://www.steptoe.com/en/news-

publications/the-pandemic-in-prisons-advocating-for-clients-in-federal-custody.html

Mitchell, A., & Williams, B. (2017). Compassionate release policy reform: Physicians as

advocates for human dignity. AMA Journal of Ethics, 19(9), 854-861.

doi:http://dx.doi.org.saintleo.idm.oclc.org/10.1001/journalofethics.2017.19.9.peer2-1709

Nadler, J, & Bass, K. (March 30, 2020). Letter to Attorney General Barr.

https://judiciary.house.gov/uploadedfiles/3.30.20_letter_to_ag_barr_re_covid19.pdf

Psick, Z., Simon, J., Brown, R., & Ahalt, C. (2017). Older and incarcerated: policy implications

of aging prison populations. International journal of prisoner health, 13(1), 57–63.

https://doi.org/10.1108/IJPH-09-2016-0053

Reese, H.(2019). What should we do about our aging prison population? Jstor Daily

https://daily.jstor.org/what-should-we-do-about-our-aging-prison-population/

Reitman, J. (April 2020). Something is going to explode. The New York Times Magazine.

Russell, L. (2020). House passes $3 trillion HEROES act relief legislation.

FCW.https://fcw.com/articles/2020/05/15/heroes-act-passes-workforce-tech.aspx

Silber, R., Shames, A., & Reid, K.(2017). Aging out. Using compassionate release to address the

growth of aging and infirm prison populations. Vera Institute of Justice

https://www.vera.org/publications/compassionate-release-aging-infirm-prison-

populations

Snyder, C., Van Wormer, K., Chadha, J., & Jaggers, J. (2009). Older adult inmates: The

challenge for social work. Social Work,54(2), 117-124.

https://www.jstor.org/stable/23719278?mag=what-should-we-do-about-our-aging-prison-

population&seq=1#metadata_info_tab_contents

Sullivan, E.(2020). Paul Manafort, Trump’s ex-campaign manager released from prison. New

York Times. https://www.nytimes.com/2020/05/13/us/politics/paul-manafort-released-

coronavirus.html

The Coronavirus Aid, Relief, and Economic Security (CARES) Act P.L. 116-136

(2020).https://www.congress.gov/116/bills/hr748/BILLS-116hr748enr.pdf

The Sentencing Reform Act of 1984, H.R.5773. https://www.congress.gov/bill/98th-

congress/house-bill/5773

United States Sentencing Commission, (2016). Compassionate release and the conditions of

supervision: Hearing before the United States Sentencing Commission. .

https://www.ussc.gov/policymaking/meetings-hearings/public-hearing-february-17-2016

United States Department of Justice, Office of the Inspector General. (2013). The Federal

Bureau of prisons compassionate release program. United States Department of Justice.

https://oig.justice.gov/reports/2013/e1306.pdf

United States Department of Justice, Office of the Inspector General. (Revised 2016).The impact

of an aging inmate population on the Federal Bureau of Prisons. United States

Department of Justice. https://oig.justice.gov/reports/2015/e1505.pdf.

United States v. Kenneth Cassidy 17 CR 116S 2020. https://casetext.com/case/united-states-v-

cassidy-18

United States v. Dimasi, 817 F. Supp 2nd 9 United States District Court Massachusetts.

https://casetext.com/case/united-states-v-dimasi-3

United States v. Bernard Madoff 09 CR 213(DL) (2020). https://www.justice.gov/usao-

sdny/page/file/1258026/download

United States v. Munzon, 99cr157 (DLC)(2020). https://casetext.com/case/united-states-v-

monzon-5

United States v. Quintero, 08-CR-6007L (2020). https://casetext.com/case/united-states-v-

quintero-58

United States v. Morris Zukerman, 16 Cr. 194 (AT). (2020). https://casetext.com/case/united-

states-v-zukerman-2

Vera Institute of Justice. (2020). Guidance for preventive and responsive measures to

coronavirus for jails, prisons, immigration detention and youth facilities.

https://www.vera.org/downloads/publications/coronavirus-guidance-jails-prisons-

immigration-youth.pdf