The criteria for determining whether a prisoner has an “extraordinary and compelling” reason for a sentence reduction have long included things like terminal illness, deterioration due to age and, family circumstances.

Proponents argue that Covid 19 presents an urgent call for compassionate release. The sick and elderly inside prisons are most at risk for the worst effects of the disease and social distancing in prison is nearly impossible. The solution is the release of geriatric populations and infirm populations who have likely aged out of criminal behavior or are physically unable to pose a threat as well as low level healthy offenders who have short sentences and can be monitored in other ways such as house arrest and/or parole.

Applications can be made to sentencing court at the State or Federal level.