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February 24, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG




Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 1,253 (down from 1,257) Currently positive-testing staff: 1,287(down from 1,397) Recovered inmates: 54,320 (up from 54,312) Recovered staff: 11,269 (up from 11,128)


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

Oakdale II FCI: 170 (unchanged)

Oakdale I FCI: 156 (unchanged)

Rochester FMC: 84 (unchanged)

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

El Reno FCI: 64 (up from 63)

Pollock USP: 62 (unchanged)

Florence ADMAX: 52

System-wide testing results: Presently, BOP has 134,948 federal inmates in BOP-managed institutions and 12,309 in community-based facilities. Today's stats: Completed tests: 128,895 (unchanged) Positive tests: 55,543 (unchanged)


Total vaccine doses administered: 298,982 (unchanged)


News Note: Government seeking waivers of compassionate release in plea agreements....


A recent NPR article titled "The U.S. is limiting compassionate release in plea deals. Many say that's cruel," reports that "Federal prosecutors have been seeking to limit defendants' rights to win compassionate release from prison in plea negotiations across the country, a practice that advocates say undermines the intent of Congress and produces cruel outcomes." The article continues:


Two advocacy groups — Families Against Mandatory Minimums and the NationalAssociation of Criminal Defense Lawyers — asked Deputy Attorney General Lisa Monaco on Tuesday to prohibit U.S. attorneys from including the "pernicious"language in plea agreements.


In a copy of their letter exclusively provided to NPR, the groups said at least six jurisdictions around the nation are using the provisions, either barring defendants from filing any motions for early release because of extraordinary medical or family conditions or limiting them to only one such request and barring appeals.


"We understand that the Department of Justice has an interest in ensuring the finality of a sentence, but we fear that recent behavior by [U.S. attorney's offices] place the interest of efficiency and finality above anything else, including the person's life and their rights under law," said the letter from Kevin Ring of FAMM and Martin Sabelli of NACDL.One 65-year-old man in Arizona fought for months to withdraw his guilty plea after realizing it included limits to his ability to seek compassionate release. In another case, in northern California, Senior U.S. District Judge Charles Breyer called the limits"unconscionable" and "inhumane."


"What if the defendant's children are effectively orphaned by the death of their other parent? What if a debilitating injury makes it impossible for the defendant to care for him or herself in prison, or recidivate outside of it? What if a terminal diagnosis turns a brief term of imprisonment for a minor crime into a life sentence?" Breyer wrote.


The Justice Department had no comment on the advocates' letter....



Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has announced no new inmate deaths, which remain at 285. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.


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