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BOP COVID-19 UPDATE -- March 29, 2021

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Quick Facts:

Currently positive-testing inmates: 413 (up from 392)

Currently positive-testing staff: 1,268 (up from 1,265)

Recovered inmates: 46,975 (down(?) from 47,046)

Recovered staff: 5,440 (up from 5,433)

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)

Beaumont USP: 53 (up from 39)

Otisville FCI: 24 (unchanged)

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

Pollock USP: 84 (unchanged)

Coleman Medium FCI: 46

Talladega FCI: 46

System-wide testing results: Presently, BOP has 125,835 federal inmates in BOP-managed institutions and 13,701 in community-based facilities. Today's stats:

Completed tests: 108,438 (up from 108,350)

Positive tests: 46,586 (down(?) from 46,633)

Note: the decrease in total positive tests suggests and irregularity.

Case Note: BOP's inability to properly care for inmate supports release...

In U.S. v. EDWARD DIAZ, 2021 WL 1108910 (E.D.N.Y. Mar. 23, 2021) (Seybert, J.), the court found that BOP’s inability to provide appropriate care to this inmate at FCI Schuylkill, sentenced to 72 months upon his plea to a methylone (bath salts) conspiracy and due for release in November 2021, warrants release: "After his positive COVID-19 diagnosis, Defendant was placed in lockdown, where he found it difficult to secure treatment for his lingering symptoms. Although he admits that his symptoms are not life threatening, he states that he is experiencing 'severe headaches in the lower back of his head, tingling and numbness in his hands, and frequent episodes of vertigo, lightheadedness, and nausea.' Defendant is unsure whether his persistent symptoms are the long-term effects of COVID-19 or relate to his fall. He attributes this uncertainty to the 'scant medical care' he has received since his COVID-19 diagnosis, although Defendant's most recent BOP medical records reveal Defendant has undergone several tests since reporting his symptoms. … Based on the facts unique to this case, including Defendant's troubling and uncertain medical condition for which the BOP, understandably in light of its focus on combatting the COVID-19 pandemic, has been unable to provide an adequate course of treatment, the Court exercises its discretion under Brooker and finds extraordinary and compelling reasons favor a sentence reduction. … While it appears the BOP has endeavored to diagnose and treat Defendant's illness, this Court remains 'convinced that [Defendant] faces severe health risks and that he will be better able to access whatever care and treatment he may require in the future if he is not incarcerated.' Id.”

Death Watch: The BOP reports another new COVID-19-related death, but has not yet identified the victim. Inmate deaths now number 228. Four of these inmates died while on home confinement. Staff fatalities remain at 4.

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