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August 16, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG


Fast Facts (Full BOP stats can be found here)


Confirmed active cases at 117 BOP facilities and 23 RRCs

Currently positive-testing inmates: 594 (up from 589) Currently positive-testing staff: 639 (up from 630) Recovered inmates currently in the BOP: 49,343 (down from 49,344) Recovered staff: 13,489 (up from 13,474)


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

La Tuna FCI: 63 (unchanged)

Allenwood Low FCI: 62 (unchanged)

Terminal Island FCI: 45 (up from 44)

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

Central Headquarters: 55 (up from 47)

Carswell FMC: 26 (up from 21)

Brooklyn MDC: 21

System-wide testing results: Presently, BOP has 141,283 federal inmates in BOP-managed institutions and 13,796 in community-based facilities. Today's stats: Completed tests: 128,722 (up from 128,721) Positive tests: 55,370 (up from 55,369)


Total vaccine doses administered: 327,269 (unchanged)


Case Note: invoking the Cares Act does not exhaust administrative remedies, requiring dismissal of compassionate release application...


In U.S. v. Parlor, No. 1:18-CR-203-BLW, 2022 WL 3284417 (D. Idaho Aug. 10, 2022) (Winmill, J.), the court held that mentioning the CARES Act is not a request for compassionate release, requiring dismissal for failure to exhaust, explaining: "In reviewing Mr. Parlor's Motion together with his supporting exhibit, the Court detects some confusion on his part and his apparent belief that he had exhausted his administrative remedies under 18 U.S.C. § 3582(c)(1)(A), the statute under which compassionate release is considered. His Motion is ambiguous because he seeks both a reduction in sentence under that statute and release to home confinement under the CARES Act. But his request to the Warden for release to home confinement under the CARES Act is decidedly unambiguous and would not be recognized as a request for release under § 3582(c)(1)(A). … Here, Mr. Parlor has not presented evidence that he exhausted his administrative remedies with respect to seeking compassionate release. The Government has timely objected to his Motion on exhaustion grounds. It presented with its Response a copy of an email from an attorney at BOP's FDC SeaTac Consolidated Legal Center stating that there was no compassionate release request within the BOP database for Mr. Parlor. Response at 8-9; Ex. 1 (Dkt. 97-1). Mr. Parlor did not submit additional evidence to rebut that assertion in his Reply. Given that Mr. Parlor's request to the Warden was based exclusively on the CARES Act, he has failed in meeting his burden to exhaust as required by 18 U.S.C. § 3582(c)(1)(A). If Mr. Parlor so chooses, he may properly request compassionate release from his Warden, exhaust his administrative remedies with the BOP, and then file a new motion for compassionate release for the Court's consideration. See Keller, 2 F.4th at 1824.”


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has acknowledged an additional four, as yet unidentified, inmate COVID fatalities, bringing the total number COVID-related inmate deaths to 306. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.

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