Compassionate Release as a 'Right' in the Age of COVID-19

This comment discusses the immense need for compassionate release of vulnerable and elderly inmates during the COVID-19 pandemic. Compassionate release will save lives, and asserts the basic rights and protections of the most vulnerable. Many elderly and sick inmates, unless action is taken, will die of COVID-19 while waiting on their compassionate release decisions during the pandemic, and many more will die if their applications are stalled or denied for political reasons. Counsel for vulnerable defendants seeking compassionate release based on health or age, as “extraordinary and compelling reasons” for early release, should examine successful applications, although few and far in between, in order to increase the likelihood of securing compassionate release for their clients.