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February 1, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG



Quick Facts (Full BOP stats can be found here) Currently positive-testing inmates: 7,734 (up from 7,724) Currently positive-testing staff: 1,999 (up from 1,956) Recovered inmates: 47,211 (unchanged) Recovered staff: 9,710 (up from 9,674)


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

Oakdale FCI: 494 (unchanged)

Yazoo City Medium FCI: 475 (unchanged)

Yazoo City USP: 267 (unchanged)

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

El Reno FCI: 61 (up from 58)

Central Office HQ: 55 (unchanged)

Williamsburg FCI: 51

System-wide testing results: Presently, BOP has 134,845 federal inmates in BOP-managed institutions and 11,701 in community-based facilities. Today's stats: Completed tests: 129,054 (up from 129,043) Positive tests: 54,415 (up from 54,404)


Total vaccine doses administered: 291,330 (unchanged)


Case Note: court awards pre-surrender grant of compassionate release to 79 year old defendant who received triple bypass a month before reporting to serve in-prison portion of 10-month sentence...


In U.S. v. FAYTHE ELAINE HEAD, 2022 WL 256282 (E.D. Tenn. Jan. 26, 2022) (Crytzer, J.), the court awarded a pre-surrender grant of compassionate release to the 79 year old defendant who required a triple bypass a month before reporting to serve in-prison portion of 10-month sentence (having already served 5-month home confinement portion), explaining: "Approximately seven (7) months ago, the undersigned sentenced Defendant to a total term of ten (10) months imprisonment, with the first half to be served on home detention and the second half to be served incarcerated in a Bureau of Prisons (“BOP”) facility [See Doc. 51 at 2]. Defendant's five-month term of incarceration is scheduled to begin on February 7, 2022 [See generally Doc. 64]. Defendant, who is seventy-nine (79) years old, [Doc. 38 at 3], underwent an emergency triple bypass surgery on December 13, 2021, [see Doc. 57 at 9; Doc. 58 at 1]. The emergency surgery left her unable to bathe herself, dress herself, or prepare food for herself [See Doc. 58 at 2]. Defendant cannot lift her body, and her “ability to communicate her thoughts” is altered from the surgery [Id.]. … Defendant “was discharged from the hospital on December 20, 2021,” and her husband died a day later [Id.]. … On January 20, 2022, Defendant's counsel notified the Court and counsel for the United States that Defendant tested positive for the coronavirus and that the disease presents additional complications for Defendant's recovery. … Defendant is scheduled to self-report for service of her term of incarceration on February 7, 2022 [Doc. 64]. … The Government “opposes compassionate release,” arguing that “relieving defendant from the custodial portion of her sentence would be inconsistent with the totality of the § 3553(a) factors” and that BOP “is presumptively capable of providing whatever medical care defendant requires, now and in the future” [Doc. 59 at 2-3]. … In light of the ongoing COVID-19 pandemic, Defendant's emergency triple bypass surgery, current infection, and inability to undertake even basic self-care for a “significant” period of time constitute “extraordinary and compelling reasons” to modify her term of imprisonment. See 18 U.S.C. § 3582(c)(1)(A). Defendant's recent heart surgery and significant post-operative limitations evidence an inability to provide even basic self-care within, or without, a BOP facility. The dangers presented by these serious medical limitations and challenges are amplified in the environment of a pandemic with an infected Defendant who is seventy-nine (79) years old.”


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has announced no new COVID-related deaths, leaving total inmate fatalities at 284. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.



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