Petition for Compassionate Release in California

Compassionate release can allow a qualifying person’s sentence to be recalled or reduced for specified medical or other reasons. California recall under Penal Code 1172.2, county medical probation and federal sentence reduction under 18 U.S.C. 3582(c)(1)(A) are different procedures. The custody system and sentence must be identified first.

This is done through a process known as compassionate release, or “recall of sentence.” Compassionate release is used to release someone from jail or prison early because of an immediate medical or humanitarian reason.

For example, if a prisoner becomes chronically or terminally ill while in prison and this person is determined to not be a threat to society, he or she can be granted an early release.

Petition for compassionate release in California

California Penal Code 1172.2 addresses serious advanced illness with an end-of-life trajectory and specified permanent medical incapacity or progressive end-stage dementia. It does not impose the blanket “18 months or less” prognosis stated in older summaries. It excludes sentences of death and life without parole.

The statute provides a presumption favoring recall and resentencing when the medical findings are made. It can be overcome by the specified finding of unreasonable danger based on the person’s current physical and mental condition. The medical evidence and postrelease plan matter.

An incarcerated person, family member or designee may request consideration by contacting the prison’s chief medical executive. CDCR’s medical and referral process leads to a recommendation to the sentencing court when the criteria are satisfied; the court decides recall and resentencing. For an eligible section 1170(h) county-jail sentence, the statute identifies corresponding county officials.

Section 1172.2 provides a 45-day referral/recommendation framework for specified requests and a court hearing within ten days after receipt of a positive recommendation. The recommendation includes medical evaluations, findings and a postrelease plan. The person has a right to counsel when recall is recommended to the court.

Medical probation in California

County medical probation under Government Code 26605.7 is distinct from state-prison medical parole under Penal Code 3550. Eligibility, decision-makers and supervision differ. A sheriff can request a court’s medical-probation order for qualifying county prisoners.

Medical probation is typically given to inmates who: 

  • Have medical conditions that keep them from performing basic activities each day; or
  • Require round-the-clock care in a hospital or rehabilitation setting.

Under county medical probation, the court may require periodic medical examinations. If the statutory need for that placement no longer exists, the sheriff or designee may request return to custody. It is not an automatic, universal rule for every California prison release.

Medical probation requires the applicable physical-incapacity or treatment criteria. Bereavement alone is not the statutory test. A change in public-health conditions does not by itself establish eligibility.

Especially during the COVID-19 era, when governments are trying to reduce the populations of local jails and prisons, it is best to speak directly with an attorney to understand the best options available to you.

Federal petition for compassionate release

For a federal sentence, the sentencing court may grant a reduction under 18 U.S.C. 3582(c)(1)(A). A defendant generally must first exhaust the specified BOP process or wait 30 days from the warden’s receipt of the request, whichever is earlier under the statute. The court considers extraordinary and compelling reasons, danger, the applicable policy and section 3553(a) factors. Relevant grounds in USSG 1B1.13 include:

  • Terminal illness with an end-of-life trajectory; a specific life-expectancy prognosis is not required under USSG 1B1.13
  • Qualifying serious medical, functional or cognitive impairment substantially limiting self-care, or specified unmet care needs
  • The separate statutory age-70/30-years route applies to specified sentences under 18 U.S.C. 3559(c), not every person who has served 30 years
  • Age 65 or older, serious age-related deterioration and at least ten years or 75 percent of the sentence served, whichever is less
  • Age alone or time served alone does not satisfy the combined age-related policy requirements
  • Death or incapacity of the caregiver of a minor child or an adult child unable to provide self-care due to qualifying disability or illness
  • Specified incapacitated spouse, partner, parent or similar family circumstances, with the required only-available-caregiver showing where applicable

Starting the compassionate release petition process

“Robert Helfend is one of the best criminal defense attorneys I’ve ever worked with. He was so knowledgeable, and always made sure I understood everything every step of the way. I would definitely recommend him to anyone who wants an understanding, caring, and truly helpful lawyer.”

Pat, CA

No matter the circumstances behind your request, working with a criminal defense attorney can give your compassionate release petition the best chance for success.

While the process seems very simple, there are a number of nuances involved with the petition process that an experienced attorney can navigate, saving you time and helping to get your loved one released sooner.

Robert M. Helfend has practiced criminal defense in the Los Angeles area since 1984. His professional profile reports more than 4,000 criminal cases and Super Lawyers selection for 2020-2023. Call 800-834-6434 for a case review.

Build a medically workable release plan

Identify the custody system, sentencing court, sentence type and any previous request or ruling. Obtain current medical evaluations, diagnoses, functional assessments and the treatment records supporting the legal ground. Keep the original request and proof of when the responsible official received it.

A plan should identify housing, an available caregiver when needed, a treating provider, medication access and transportation. Explain how necessary care will continue after release. Family support is useful evidence, but it should be supported by actual arrangements. A court may deny relief even when one threshold is met; this process does not promise release by a particular date.

Legal information checked October 10, 2026. The charge, evidence and applicable version of the law control the analysis of an individual case.

References

  1. California Penal Code § 1172.2. https://leginfo.legislature.ca.gov
  2. 18 U.S. Code § 3582 – Imposition of a sentence of imprisonment. https://www.law.cornell.edu/uscode/text/18/3582
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