Please ensure Javascript is enabled for purposes of website accessibility
 
Search

December 30, 2021: COMPASSIONATE RELEASE and BOP COVID-19 BLOG


Quick Facts (Full BOP stats can be found here) Currently positive-testing inmates: 1,194 (up from 1,011) Currently positive-testing staff: 420 (up from 387) Recovered inmates: 41,659 (down from 41,683) Recovered staff: 8,725 (up from 8,721)


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

Chicago MCC: 144 (up from 134)

Brooklyn MDC: 144 (up from 107)

Allenwood USP: 110 (down from 114)

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

Carswell FMC: 22 (unchanged)

Fairton FCI: 15 (up from 13)

Central Office HQ: 11

System-wide testing results: Presently, BOP has 135,334 federal inmates in BOP-managed institutions and 15,053 in community-based facilities. Today's stats: Completed tests: 127,678 (up from 127,656) Positive tests: 42,461 (up from 42,302)


Total vaccine doses administered: 277,519 (up from 276,956)


Case Note: Vaccinated inmates can demonstrate COVID threat is extraordinary and compelling...


In U.S. v. RAMIL MANSOUROV, 2021 WL 6063235 (D. Conn. Dec. 22, 2021) (Arterton, J.), the court granted compassionate release, stating there is no bright-line precluding vaccinated inmates from obtaining CR, especially when facility is only 2/3 vaccinated, explaining: " Dr. Mansourov is over fifty years old and suffers from several ailments: hypertension, high cholesterol, PTSD anxiety, lower back pain with sciatica, gastroesophageal reflux disease, obstructive sleep apnea, and a BMI close to 30. (Def.’s Suppl. Mem. at 4-5.) Dr. Mansourov submits records documenting his medical history. (Ex. A, Medical Records [Doc. # 149-1].) Notably, Dr. Mansourov tested positive for COVID-19 but has since recovered and received a two-dose vaccination. The COVID-19 virus can be fatal and it spreads rapidly... That much has been known for some time. However, the discovery of COVID-19 mutations, such as the most recent Omicron Variant, has perpetuated uncertainty about the efficacy of available vaccines and other responsive measures.. See Omicron Variant: What You Need to Know, CTRS. FOR DISEASE CONTROL AND PREVENTION, https://www.cdc.gov/coronavirus/2019-ncov/variants/omicron-variant.html (last accessed Dec. 21, 2021). … Dr. Mansourov argues that the combination of his various conditions and the threat posed by COVID-19 constitute extraordinary and compelling circumstances. Of particular concern to Dr. Mansourov is his obstructive sleep apnea for which he alleges he has not received proper treatment. (Def.’s Suppl. Mem. at 5.) The Government contends that he “has provided effective ‘self-care’ against the virus because he has received the COVID-19 vaccine, and he does not present any extraordinary and compelling reason allowing compassionate release.” (Gov't’s Resp. at 5.) Although, “there can be no bright-line rule that a vaccinated individual is no longer at compellingly elevated risk, ... in most instances, the risk of complications is dramatically reduced.” United States v. Harris, No.: SAG-05-61, 2021 WL 1516012, at *2 (D. Md. Apr. 16, 2021); see also United States v. Kosic, No. 18 Cr. 30(PAC), 2021 WL 1026498, at *2 (S.D.N.Y. Mar. 17, 2021) (rejecting motion for compassionate release based on conditions at FCI Fort Dix, where the incarcerated person received the first dose of the Moderna vaccine, and also recovered from COVID-19). However, while the odds of experiencing severe illness are substantially reduced by the vaccines, “they are not non-existent, particularly given the impossibility of consistent social distancing while incarcerated in a congregate setting.” … The Court cannot agree that Dr. Mansourov's vaccination status, considered without context, weighs against a reduced sentence. Only two-thirds of incarcerated persons at FCI Fort Dix are vaccinated. COVID-19 Vaccine Implementation, FED. BUREAU OF PRISONS, https://www.bop.gov/coronavirus/ (last accessed Dec. 21, 2021); FCI Fort Dix, FED. BUREAU OF PRISONS, https://www.bop.gov/locations/institutions/ftd/ (last accessed Dec. 21, 2021) (reporting that 2,197 of 3,328 incarcerated persons have been vaccinated). And four members of staff are reported to be presently sick with COVID-19, while two members of the incarcerated population have passed away from the virus. Id. Meanwhile, since the pandemic's beginning, 1,599 people incarcerated at FCI Fort Dix had contracted it at one point—a startling forty-eight percent of its reported population. Id. Finally, the BOP reports that FCI Fort Dix is currently operating at a “level three” COVID-19 operational status, the highest such status indicating existence at the facility one of either: (1) a medical isolation rate at or above seven percent, (2) a facility vaccination rate below fifty percent, or (3) a community transmission rate at or above 100 per 100,000 individuals in the last seven days. Intimately aware of these circumstances, Dr. Mansourov contends that he remains “at risk of serious infection if he contracts a variant or is reinfected” by COVID-19. (Def.’s Suppl. Mem. at 6.) The Court agrees. An incarcerated person's vaccination status does not serve as a total bar to the relief Dr. Mansourov seeks. ...Moreover, the increased risks of severe COVID-19 infection associated with Dr. Mansourov's obstructive sleep apnea if untreated, his obesity, and his hypertension are weighty considerations. In view of the conditions at FCI Fort Dix, it appears that institution is not managing the spread of COVID-19 adequately and the risk to Dr. Mansourov has not been mitigated.3 Those considerations in conjunction with Mr. Mansourov's medical conditions lead the Court to conclude that Dr. Mansourov has presented extraordinary and compelling circumstances. [FN3: Significantly, when considering COVID-19 prevention measures in correction facilities, the CDC has stated that “not enough information is available to determine a specific level of vaccination coverage needed to modify facility-level prevention measures,” but emphasized that “high COVID-19 vaccination coverage is critical to protect ... people who are incarcerated/detained.” Guidance for Correctional & Detention Facilities, Ctrs. for Disease Control and Prevention, https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidance-correctional-detention.html (last accessed Dec. 21, 2021).”)]”)



Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has identified no additional inmate fatalities. Total inmate fatalities remain at 273. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.

30 views0 comments