Please ensure Javascript is enabled for purposes of website accessibility
top of page

BOP COVID-19 UPDATE -- March 8, 2021

Want this gorgeous view? Three offices just became available in our first-class suite. Call (917) 562-4000

Quick Facts:

Currently positive-testing inmates: 783 (down from 852)

Currently positive-testing staff: 1,569 (down from 1,617)

Recovered inmates: 46,983 (up from 46,926)

Recovered staff: 4,963 (up from 4,909)

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

Florence High USP: 98 (down from 99)

Schuykill FCI: 76 (unchanged)

Manchester FCI: 36

Institutions with the largest number of currently positive-testing staff: (Note: BOP has not updated these stats for two weeks and they therefore cannot be relied upon)

Pollock USP: 83 (unchanged)

Tucson USP: 69 (unchanged)

Talladega FCI: 46 (unchanged)

System-wide testing results: Presently, BOP has 124,796 federal inmates in BOP-managed institutions and 13,688 in community-based facilities. Today's stats:

Completed tests: 106,389 (up from 106,293)

Positive tests: 46,938 (up from 46,950)

Case Note: 30 days notice to Warden satisfies exhaustion requirement, even if inmate is transferred.

In U.S. v. RASHAUN MCKAY, 2021 WL 807108 (S.D.N.Y. Mar. 3, 2021) (Crotty, J.), compassionate release was denied but worth noting is that part of the decisions holding a defendant exhausts by waiting 30 days after serving the Warden even if the defendant is transferred prior to the 30th day: "McKay has satisfied § 3582(c)(1)(A)’s exhaustion requirement. McKay requested compassionate release from his warden at MDC Brooklyn on September 18, 2020 and did not receive a response. While the record bears no indication that McKay requested compassionate release from his warden at FCI Danbury after his transfer there, this Court determines that a defendant need request compassionate release only once, and thereafter may bring his motion to the district court when his warden has denied his request or left it unanswered for 30 days. … Even if McKay had not exhausted his administrative remedies, the Court would deem the exhaustion requirement waived in these circumstances. See United States v. Brady, No. S2 18 Cr. 316 (PAC), 2020 WL 2512100, at *2 (S.D.N.Y. May 15, 2020) (noting that the exhaustion requirement is waivable); United States v. Scparta, No. 18-cr-578 (AJN), 2020 WL 1910481, at *1 (S.D.N.Y. Apr. 20, 2020) (concluding the same, after prior opinion taking contrary position).”)

Death Watch: The BOP reports no new deaths. Inmate deaths remain at 225. Four of these inmates died while on home confinement. Staff fatalities remain at 4.

85 views0 comments


bottom of page