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August 3, 2021: COMPASSIONATE RELEASE and BOP COVID-19 BLOG





Quick Facts: Currently positive-testing inmates: 308 (up from 294) Currently positive-testing staff: 173 (up from 157) Recovered inmates: 43,041 (down from 43,054) Recovered staff: 7,026 (up from 7,023) Institutions with the largest number of currently positive-testing inmates:

Texarcana FCI: 76 (up from 69)

Aliceville FCI: 29 (unchanged)

McCreary USP: 28 (unchanged)

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

Pollock: 14 (unchanged)

Coleman Low FCI: 10 (down from 19)

Coleman Medium FCI 7 (up from 6)

System-wide testing results: Presently, BOP has 130,541 federal inmates in BOP-managed institutions and 14,282 in community-based facilities. Today's stats: Completed tests: 118,755 (up from 118,632) Positive tests: 42,800 (up from 42,791)

Total Vaccine doses distributed: 205,887

Case Note: Presenting BP-9 to counsellor satisfied exhaustion requirement...


In U.S. v. JOSEPH JOHNSON, 2021 WL 3260847 (D.N.J. July 29, 2021) (Hayden, J.), the court found that the exhaustion was satisfied upon showing defendant presented a BP-9 to his counsellor, which he kept, who told him to give it to the judge, explaining: "In support of administrative exhaustion, Johnson claims that he sought compassionate release from the BOP after he submitted a 'BP-9 form' to 'Counselor Stouffer to present to Warden Adams for Compassionate Release,' on April 8, 2021. (D.E. 60-1 at 2.) The form contained the following request:

I am requesting early release from my Judgment, per policy statement, 18 U.S.C. 3582(c)(1)(A), because I need to take care of my mother, I am the only care giver which qualify myself for “Compassionate Release” and I cannot exercise C.D.C. COVID-19 pandemic guidelines in this Federal Institute social distancing, keeping six ft away from other individuals, etc. I believe I also qualify for public law, home confinement.

(Id. at 3.) Johnson alleges that when presented with the request, Stouffer rejected receipt and advised: “You don't need that, take this form and sen[d] it directly to your Judge.” (Id. at 2.) Based on the foregoing, Johnson asserts that his administrative remedies have been exhausted based on “futil[ity].” (Id.) The government argues that the administrative remedies have not been exhausted here because the allegations concerning Stouffer's rejection of Johnson's request are insufficient to meet the requirements under § 3582(c)(1)(A). (D.E. 64, Opp. Br. 10-11.) Further, the government claims that Hazelton FCI has no record of his compassionate release request. (Id.) The Court is satisfied that on the facts Johnson alleges and the specificity of the language on the BP-9 form, he has sufficiently demonstrated he petitioned the BOP to bring a motion for compassionate release on his behalf. Therefore, because 30 days have elapsed since April 8, 2021, the Court finds that he has exhausted his administrative remedies under § 3582(c)(1)(A) and that the Court has jurisdiction to consider the present motion.”)

Death Watch: The BOP has reported two additional inmate fatalities, one of whom has been identified as Roy Curtis Berry, 74, of FMC Fort Worth, bringing the number of inmate fatalities at 242. Five of these inmates died while on home confinement. Staff fatalities remain at 4.






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