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April 13, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG



Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 64 (down from 69) Currently positive-testing staff: 146 (unchanged) Recovered inmates currently in the BOP: 53,042 (down from 53,105) Recovered staff: 12,538 (unchanged)


Institutions with the largest number of currently positive-testing inmates:

Rochester FMC: 10 (down from 11)

Cumberland FCI: 5 (unchanged)

Victorville Medium II FCI: 4 (down from 7)

Institutions with the largest number of currently positive-testing staff:

Central Office HQ: 30 (unchanged)

Victorville Medium I FCI: 13 (unchanged )

Victorville USP: 13 (unchanged)

System-wide testing results: Presently, BOP has 136,223 federal inmates in BOP-managed institutions and 13,160 in community-based facilities. Today's stats: Completed tests: 128,781 (unchanged) Positive tests: 55,429 (unchanged)


Total vaccine doses administered: 311,524 (up from 311,203)


Case Note:


In U.S. v. 11. JASON OAKS, 2022 WL 1081148 (D. Colo. Apr. 11, 2022) (Brimmer, J.), the court found that, although the BOP rendered dysfunctional a titration chip in defendant's CPAP machine necessary to calibrate the machine because BOP considers it a security risk, the machine nonetheless does its job and defendant's COVID concerns are mitigated by his vaccinated status, explaining: "Mr. Oaks is 44 years old and represents that he has COPD, sleep apnea, asthma, and prostate issues. Docket No. 558 at 29-30. Mr. Oaks argues that his breathing complications require him to use a continuous positive airway pressure (“CPAP”) machine while he sleeps. Docket No. 567 at 2. However, his CPAP machine does not work as intended because it is not calibrated to his breathing. Id. at 5. Defendant and the government agree that the BOP removed a titration chip from the machine because it was a security risk. Id. at 7; Docket No. 570 at 1. The parties disagree, however, on whether or not this chip is necessary to the proper functioning of defendant's CPAP machine. Id. Mr. Oaks’ breathing conditions make him more prone to severe illness from COVID-19. See Ctrs. for Disease Control and Prevention, People with Certain Medical Conditions https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people -with-medical-conditions.html (last updated Feb. 25, 2022) (stating that chronic lung diseases, including COPD and asthma, “can make you more likely to get very sick from COVID-19”). However, Mr. Oaks is fully vaccinated against COVID-19. See Docket No. 559 at 13; Docket No. 567 at 1-2 (arguing that Mr. Oaks’ breathing conditions warrant compassionate release despite his vaccination status). Because of the effective nature of the COVID-19 vaccines, the Court finds that Mr. Oaks has not demonstrated extraordinary and compelling reasons warranting compassionate release based on his medical conditions in combination with the COVID-19 pandemic.”


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has identified one new inmate fatality, bringing the total to 293. Eleven of the inmates died while on home confinement. Staff deaths remain at 7



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