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February 8, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG


Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 4,776 (down from 5,581) Currently positive-testing staff: 1,996 (down from 2,057) Recovered inmates: 51,228 (up from 50,098) Recovered staff: 10,234 (up from 10,094)


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

Oakdale II FCI: 298

Yazoo City USP: 222

Oakdale I FCI: 216

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

El Reno FCI: 63 (up from 62)

Pollock USP: 62 (unchanged)

Central Office HQ: 56 (up from 56)

System-wide testing results: Presently, BOP has 134,662 federal inmates in BOP-managed institutions and 11,527 in community-based facilities. Today's stats: Completed tests: 129,251 (unchanged) Positive tests: 55,347 (unchanged)


Total vaccine doses administered: 294,398 (up rom 292,819)


Case Note: The lack of a residential reentry program in Hawaii is not extraordinary because “the circumstance is shared by literally every federal inmate seeking to return to Hawaii...


In U.S. v. SCOTT LEE KOTH, 2022 WL 344297 (D. Haw. Feb. 4, 2022) (Seabright, J.), the court held that the unavailability of an RRC for inmates returning to Hawaii from prison is not extraordinary and compelling, explaining: "Defendant, currently 51 years old, is incarcerated at FCI Edgefield with a projected release date of November 12, 2022. … Defendant argues that the lack of an RRC in Hawaii is an extraordinary and compelling reason justifying release because “[his] case manager has recommended [him] for one year [at a] halfway house,” and he became eligible for placement in an RRC on November 12, 2021. … [However,] placement in a halfway house or in home confinement is not mandated. Indeed, “[n]othing in the language of section 3624(c) mandates that all prisoners pass through a community treatment center en route to free society. … Here, BOP has made efforts to “locat[e] [ ] viable RRC housing for [Defendant],” ECF No. 62-1 at PageID # 298, but it has determined that “there are no options” for such placement and Defendant is “not eligible for federal location monitoring ... due to [his] history of violence,” … In short, because the BOP has apparently determined that it is not “practicable” to release Defendant to a halfway house or home confinement in Hawaii, Defendant has failed to demonstrate extraordinary and compelling reasons justifying release. Further, if the court granted Defendant's request, then almost all defendants that would otherwise be eligible for halfway-house release in Hawaii would be entitled to early release from custody. As the United States correctly states, the lack of a residential reentry program in Hawaii is not extraordinary because “the circumstance is shared by literally every federal inmate seeking to return to Hawaii.” ECF No. 60 at PageID # 278. The court understands that pursuant to § 3582(c)(1)(A)(i), it has discretion to grant Defendant's Motion. But based on a totality of the circumstances, the court determines that Defendant has failed to establish that the absence of an RRC in Hawaii is an extraordinary and compelling reason justifying release.”



Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has announced the death of inmate Rocky Joe Miller, 69 of FCI Victorville I, on January 30, 2022, bringing the number COVID-related inmate deaths to 285. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.


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