IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
FILED IN THE
IN RE: MOTIONS FOR UNITED STATES DISTRICT COURT
DISTRICT OF HAWAII
COMPASSIONATE RELEASE DURING Apr 21, 2020
THE COVID-19 PANDEMIC SUE BEITIA, CLERK
APRIL 21, 2020 TEMPORARY GENERAL ORDER REGARDING
MOTIONS FOR COMPASSIONATE RELEASE DURING THE
COVID-19 PANDEMIC
On December 21, 2018, the FIRST STEP Act was signed into law. The
FIRST STEP Act amended 18 U.S.C. § 3582(c)(1)(A) to permit a defendant to
request compassionate release from a federal court as permitted by law.
Specifically, a defendant may file a motion in federal court to reduce a term of
imprisonment “after the defendant has fully exhausted all administrative rights to
appeal a failure of the Bureau of Prisons to bring a motion on the defendant’s
behalf or the lapse of 30 days from the receipt of such a request by the warden of
the defendant’s facility, whichever is earlier.” 18 U.S.C. § 3582(c)(1)(A). Under
the provisions of the Criminal Justice Act (“CJA”), 18 U.S.C. § 3006A, and in the
interests of justice, the court issues this Order to ensure that motions for
compassionate release are timely and efficiently addressed to fulfill the purposes of
the FIRST STEP Act.
The Federal Public Defender’s Office for the District of Hawaii (“the FPD”)
is hereby appointed to represent a defendant, and file a motion on behalf of that
defendant, pursuant to section 3582(c)(1)(A).
Further, if a defendant files a pro se motion with the court pursuant to
section 3582(c)(1)(A), the FPD will make efforts to contact that defendant to
determine if the FPD should represent that defendant, including the filing of any
supplemental motion. The United States Attorney’s Office (“the USAO”) must
also promptly notify the FPD of pro se filings seeking relief so the FPD can satisfy
its obligations under this order. Further, this order does not require the FPD to
represent any defendant seeking representation. Instead, the FPD shall exercise its
sound discretion to determine whether to represent any particular defendant in
filing a section 3582(c)(1)(A) motion. If the FPD has a prohibitive conflict and
cannot represent an individual defendant seeking compassionate release, the FPD
will request that CJA counsel be appointed.
Any defendant not previously represented by the FPD or CJA counsel will
need to complete a financial affidavit. Defense counsel may sign a financial
affidavit on behalf of a defendant, after receiving that defendant’s consent.
Upon request, the United States Probation Office is authorized to disclose a
defendant’s Presentence Investigation Report, any Bureau of Prisons Sentry
Report, or any other relevant records to the FPD, CJA counsel, and the USAO for
the purpose of determining eligibility for compassionate release.
This order will remain in effect until repealed by the court.
ORDERED ON BEHALF OF THE COURT:
DATED: Honolulu, Hawaii, April 21, 2020.
/s/ J. Michael Seabright
J. Michael Seabright
Chief United States District Judge
In Re: Motions for Compassionate Release During the COVID-19 Pandemic, April 21, 2020
Temporary General Order Regarding Motions for Compassionate Release During the COVID-19
Pandemic
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