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BOP COVID-19 UPDATE -- April 6, 2021

Quick Facts:

Currently positive-testing inmates: 371 (unchanged from 371)

Currently positive-testing staff: 1,250 (down from 1,268)

Recovered inmates: 46,786 (down(?) from 46,853)

Recovered staff: 5,519 (up from 5,490)

Note: the noted day-to-day reduction in "recovered inmates" is counter-intuitive unless inmates previously deemed "recovered" relapsed.

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

Coleman Low FCI: 56 (unchanged)

Oakdale II FCI: 46 (unchanged)

Otisville FCI: 30 (unchanged)

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

Pollock USP: 84 (unchanged)

Coleman Medium FCI: 47 (unchanged)

Talladega FCI: 46 (unchanged)

System-wide testing results: Presently, BOP has 126,053 federal inmates in BOP-managed institutions and 13,688 in community-based facilities. Today's stats:

Completed tests: 109,031 (down(?) from 109,059)

Positive tests: 46,366 (down(?) from 46,432)

Note: the supposedly "lower" total number of completed and positive tests appears anomalous.

Case Note: Government's pro forma CR opposition rejected; defendant released to home confinement; home confinement defined...

In U.S. v. JUSTIN GREG GROAT, Defendant, No. 2:17-CR-104, 2021 WL 1238101 (D. Utah Apr. 2, 2021) (Waddoups, J.) the Court reported, "On March 10, 2021, the Government submitted a boilerplate opposition to Mr. Groat's Motion.…Mr. Groat has already survived Covid-19 once. But Mr. Groat has submitted persuasive evidence that any “immunity [to Covid-19] seems to last [only] approximately 90 days ....” (ECF No. 65 at 19.) The Government has only offered the opinion of its counsel that Mr. Groat's prior infection “strongly suggests that any greater risk he might have had is not likely to materialize in the future.” (ECF No. 69 at 4.) The Government's argument amounts to nothing more than impermissible ipse dixit. Based on the arguments presented, the court accepts the representation of the assistant clinical professor in the Division of Infectious Diseases at the David Geffen School of Medicine over Government counsel's lay opinion.”

The court went on to order, "Mr. Groat is to serve the time remaining on his prison sentence as a special term of supervised release, to be followed by the originally ordered term of supervised release," and that a "special condition of the special term of supervised release is home detention," with respect to which, "The court adopts the definition of 'home detention' found in the Guide to Judiciary Policy, Volume 8, Part B, Chapter 3: 'Home detention requires a participant to remain at home at all times except for pre-approved and scheduled absences for employment, education, treatment, attorney visits, court appearances, court-ordered obligations, or other activities approved by the officer.'”

Death Watch: The BOP has identified no new inmate fatalities. Inmate deaths remain at 228. Four of these inmates died while on home confinement. Staff fatalities remain at 4.

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