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BOP COVID-19 UPDATE -- February 16, 2021

Currently positive-testing inmates: 1,650 (up from 1,606)

Currently positive-testing staff: 1,683 (unchanged)

Recovered inmates: 45,356 (up from 45,252)

Recovered staff: 4,652 (up from 4,631)

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

Tallahassee FCI: 228 (down from 230)

Florence High USP: 162 (up from 115)

Leavenworth USP: 134 (up from 111)

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

Pollock USP: 82 (unchanged)

Tucson USP: 69 (unchanged)

Oklahoma City FTC: 59 (unchanged)

System-wide testing results: Presently, BOP has 123,726 federal inmates in BOP-managed institutions and 13,682 in community-based facilities. Today's stats:

Completed tests: 103,211 (up from 102,057) Positive tests: 46,155 (up from 45,999)

Case Note: Court grants release to at-risk inmate without a re-entry plan, permitting him to stay at an RRC until funding becomes available to house him safely...

In U.S. v. RICHARD ADRIAN SANCHEZ, 2021 WL 492905 (D. Kan. Feb. 10, 2021) (Robinson, CJ), the court accelerated the defendant's 2026 release date in light of COVID and his several co-morbidities, and also permitted him to reside at an RRC until housing is made available: "According to the government, Sanchez's medical records confirm that he suffers from hypertension, hyperlipidemia, gout, systemic lupus erythematosus, glaucoma, and degenerative osteoarthritis, although he has “not been compliant with medications as prescribed. … Further, Sanchez uses a walker but, for the most part, he is confined to a wheelchair. Sanchez states that he “experiences severe numbness and pain in his hips, bilateral knee, feet, and ankles[,] causing constant flare-ups and hypertension.” Due to his medical conditions, Sanchez can only “accomplish two out of six activities of daily living at this time.” … The government contends, and the Court agrees, that per Department of Justice policy and Centers for Disease and Control and Prevention guidance, Sanchez's medical conditions in the context of the COVID-19 pandemic constitute an extraordinary and compelling reason for a sentence reduction.…Sanchez has served his sentence while battling numerous health conditions and experiencing significant pain. “This means that his sentence has been significantly more laborious and difficult than that served by most inmates. It also means that further incarceration in his condition would be greater than necessary to serve the purposes of punishment set forth in § 3553(a)(2).” … In light of Sanchez's current medical conditions, the looming risk of severe illness from COVID-19, and the applicable sentencing factors under § 3353(a), the Court finds that a sentence of time served is sufficient, but not greater than necessary, to reflect the seriousness of his offense, promote respect for the law, provide just punishment, afford adequate deterrence, and protect the public from further crimes.… Sanchez does not have an approved release plan. Accordingly, the United States Probation Office submitted a Probation Form 12B modifying the conditions that Sanchez will be subject to during his term of supervised release to include conditions that would allow him to obtain emergency housing and to remain housed in a residential reentry center until he secures an appropriate residence. Sanchez executed a waiver of hearing to modify the conditions of his supervised release in accordance with the Probation Form 12B. The Court, having reviewed the form submitted by the United States Probation Office, found probable cause and has issued a signed copy of the Probation Form 12B authorizing the modification.”

Death Watch: The BOP have reported one additional inmate death, who has not yet been identified. Inmate fatalities now total 221. Four of these inmates died while on home confinement. BOP staff fatalities remain at 4.

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