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February 9, 2023: COMPASSIONATE RELEASE, COVID-19, and BOP BLOG


Fast Facts (Full BOP stats can be found here)


Confirmed active cases at 78 BOP facilities and 12 RRCs

Currently positive-testing inmates: 125 (up from 124) Currently positive-testing staff: 122 (up from 120) Recovered inmates currently in the BOP: 46,227 (down from 46,276) Recovered staff: 15,051 (up from 15,045)


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

Montgomery FPC: 13 (up from 8)

Fort Dix FCI: 8 (down from 9)

Yazoo City Medium FCI: 8 (unchanged)


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

Three Rivers FCI: 7 (unchanged)

Carswell FMC: 5 (unchanged)

Houston FDC: 5 (unchanged)


System-wide testing results: Presently, BOP has 145,582 federal inmates in BOP-managed institutions and 13,019 in community-based facilities. Today's stats: Completed tests: 128,648 (unchanged) Positive tests: 55,296 (unchanged)


Total vaccine doses administered: 347,434 (up from 347,265)


Case Note: Early release granted to avoid separating defendant from her newborn three months after giving birth to serve the remaining two months of her sentence...


In U.S. v. IVANA YARTIZELL RODRIGUEZ, Defendant., No. 19-CR-4693-GPC, 2023 WL 1486147 (S.D. Cal. Feb. 2, 2023) (Curiel, J.) (To prevent defendant’s return to custody for two months following the birth of her child, court reduces sentence effective June 2023 because separating her from newborn after 3 months is extraordinary and compelling, etc.: "Rodriguez was convicted by guilty plea of Importation of Methamphetamine in violation of 21 U.S.C. §§ 952 and 960. ECF No. 95 (Judgment), ECF No. 68 (Second Superseding Information). On April 4, 2022, this Court sentenced her to 18 months imprisonment and 3 years of supervised release. … Rodriguez's expected release date is in early August 2023. Rodriguez seeks compassionate release because of, and for reasons related to, her pregnancy. In her initial Motion, Rodriguez states she was 30 weeks pregnant as of the end of December 2022 … is concerned that if she is not placed in a BOP Mothers and Infants Nurturing Together (“MINT”) program in the near future it will be too late for her to travel via airplane; and if she is not placed in a MINT program, the BOP may be planning to separate her from her baby. … In her Reply filed on January 23, 2023, Rodriguez states that she was flown to a “MINT halfway house program in Phoenix” and that this means “[s]he can now stay with her newborn for the first 3 months of his life.” ECF No. 120 at 1. After these three months, she will return to SeaTac to serve the remaining two months of her sentence. Id. … [S]ince the filing of her Motion, Rodriguez has been placed and relocated to the MINT Facility in Phoenix, Arizona. See ECF No. 114 at 14; ECF No. 120 at 1 (Defendant's Reply). This means she will be permitted to remain with her newborn son for three months following his birth. ECF No. 120 at 1. However, she will be ordered to return to SeaTac in early June to serve the remaining two months of her sentence. Id. This means she will not be able to exclusively breastfeed her son while in the MINT program because she must ensure he does not reject formula at three months. Id. at 2. The Court finds that this separation three months after the newborn's birth is an extraordinary and compelling reason justifying a sentence reduction. Separation of a newborn child from their mother is an extreme measure that should occur rarely. Further, the Court agrees with Defendant that there are numerous health benefits associated with breastfeeding; Rodriguez's son will potentially face a myriad of health consequences should she be deprived of the ability to breastfeed. Thus, Rodriguez has shown that extraordinary and compelling reasons that justify a sentence reduction will exist once she finishes the MINT program and is ordered to return to SeaTac to serve the remainder of her sentence. Because her due date is March 8, 2023, her time in the MINT facility will expire in early June 2023. ECF No. 109 at 3. After those three months, she will return to SeaTac until August 4, 2023, at which point she becomes eligible for home confinement. See BOP Inmate Locator, https://www.bop.gov/inmateloc/; but see ECF No. 109-1 at 23 (“counsel's earned time credit calculations” stating Rodriguez will be eligible for home confinement on May 6, 2023). The Court therefore finds that Ms. Rodriguez's circumstances are extraordinary and compelling once she is separated from her newborn son. … The Court considered many circumstances in Defendant's life when she was sentenced, and the resulting 18-month term represented a balancing of the seriousness of the offense with Ms. Rodriguez's specific characteristics. However, the Court did not know at the time of sentencing that Defendant would become pregnant and give birth in March 2023. As such, the Court now finds it appropriate to reduce her sentence by approximately two months. As of early June 2023, Rodriguez will have served nearly 85% of her sentence. Because extraordinary and compelling reasons will exist upon the separation of Ms. Rodriguez from her newborn son, and because her sentence reduction is not contrary to § 3553(a), the Court GRANTS Rodriguez's request, effective June 1, 2023, or three months following the birth of her son, whichever is earlier.”


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) Today, the BOP announced no new COVID-related deaths, leaving the total number of inmate COVID-related deaths at 312. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.

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