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BOP COVID-19 UPDATE, April 9, 2021

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Quick Facts:

Currently positive-testing inmates: 208 (up from 203)

Currently positive-testing staff: 1,254 (up from 1,251)

Recovered inmates: 46,792 (down from 46,816)

Recovered staff: 5,541 (unchanged)

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:

Oakdale II FCI: 46 (unchanged)

Florence - High USP: 9 (unchanged)

Petersburg - Medium FCI: 9

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 126,026 federal inmates in BOP-managed institutions and 13,829 in community-based facilities. Today's stats:

Completed tests: 109,305 (up) from 109,005)

Positive tests: 46,217 (down(?) from 46,234)

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

Case Note: Cautionary tale: A request for compassionate release to the warden -- a necessary precondition of filing a compassionate release application in district court -- must include sufficient detail plus a release plan...

In U.S. v. BARBARA LEE, a.k.a. Queen Flaka, No. 19-13844, 2021 WL 1292754 (11th Cir. Apr. 7, 2021) (per curium) the court strictly construed the exhaustion requirement for filing compassionate release motions in district court, explaining: "Even if the March 10, 2019 request was in the record and Lee had waited thirty days after April 8, 2019 to file her compassionate release motion, her requests still did not exhaust her administrative remedies because the prison regulations required that Lee's requests include a proposed release plan and sufficiently explain the extraordinary or compelling reasons for her compassionate release. See 28 C.F.R. § 571.61(a). But Lee said only that she was seeking compassionate release because her parents were in poor health and her father needed her care—there was no detail and no release plan.”

Death Watch: The BOP has identified no new inmate fatalities, Inmate deaths remain at 230. Four of these inmates died while on home confinement. Staff fatalities remain at 4.

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