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BOP COVID-19 UPDATE -- June 16, 2021



Quick Facts: Currently positive-testing inmates: 93 (down from 100) Currently positive-testing staff: 125 (unchanged) Recovered inmates: 44,719 (down from 44,803) Recovered staff: 6,869 (up from 6,868) Institutions with the largest number of currently positive-testing inmates: Sheridan FCI: 25 (down from 33)

Coleman II USP: 17 (unchanged)

Bennettsville FCI: 12 (unchanged)

Institutions with the largest number of currently positive-testing staff: Pekin FCI: 9 (unchanged)

Big Sandy USP: 6 (unchanged) Central Office HQ: 6 (unchanged) System-wide testing results: Presently, BOP has 129,487 federal inmates in BOP-managed institutions and 13,751 in community-based facilities. Today's stats: Completed tests: 115,329 (up from 115,278) Positive tests: 44,184 (down from 44,272)

Case Note: Compassion for defendant's familial needs supports compassionate release...


In U.S. v. TONIKA THOMPSON, 2021 WL 2418573 (W.D. Ky. June 14, 2021) (Bloom, J.), the court granted compassionate release to inmate to care for her children where defendant's mother could no longer do so, explaining, "Defendant's more recent requests focus primarily on her 67-year-old mother's deteriorating health. Her mother, Patricia Thompson, serves as the primary caregiver to Defendant's minor children and Defendant's infant grandchild. In late December 2020, Thompson's mother provided a letter in support of Thompson's requested relief in which she advises that Defendant's three minor children all 'have certain disabilities that sometime require all around the clock full time care and supervision.' Defendant likewise advises that all three of her children have health and developmental challenges. In her letter, Patricia Thompson further advised that she has a “few health conditions of her own” which are getting worse, and that she 'need[s] [Defendant] home to care for her children.' Id. She advises that she has a safe, drug-free, weapon-free home with an extra bedroom for Ms. Thompson to reside in and quarantine upon release and that she will ensure Ms. Thompson complies with any orders of the Court and United States Probation Office. Id. Defendant also informed the Court of two recent deaths in the family that have exacerbated the impact of Defendant's incarceration on her mother and children. These events include the death of Defendant's 13-year-old daughter in January 2021 [R. 582; R. 584-1 (Emergency Message to Inmate) (advising Defendant of the death of her husband)] … Given the now-developed record in this case and supporting medical documentation, the Court finds extraordinary and compelling reasons for Defendant's release based on family circumstances. Patricia Thompson's letter to the Court and her medical records confirm she is gravely ill and left with the responsibility of caring for Defendant's minor children and grandchild, most of whom have unique medical and developmental issues of their own. The Court is also satisfied that there is no other caregiver to provide for Defendant's children. Her father is in his late 70s, and no one emerges from Defendant's Pre-Sentence Report (PSR) as a candidate. In addition, the tragic deaths this family has faced no doubt have exacerbated Patricia Thompson's health problems and compounded the hardships that Defendant visited on her young family because of her own poor choices. See Griffin, 2020 WL 7295765 (granting compassionate release where defendant was the only available caregiver for ailing family member); Quinones Rodriguez, 2020 WL 5045203 (granting release after the incapacitation of minor children's caregiver, where children were placed in foster care); Hansen, 2020 WL 2219068 (granting release where defendant's wife suffered from serious liver disease); Walker, 2019 WL 5268752 (granting release so defendant could care for ailing mother).”

Death Watch: The BOP has reported one new death of an as-yet-unidentified inmate. The inmate death toll now stands at 239. Five of these inmates died while on home confinement. Staff fatalities remain at 4.

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