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July 1, 2021 BOP COVID-19 AND COMPASSIONATE RELEASE UPDATE




Quick Facts: Currently positive-testing inmates: 31 (down from 49) Currently positive-testing staff: 137 (up from 136) Recovered inmates: 44,056 (down from 44,130) Recovered staff: 6,883 (unchanged) Institutions with the largest number of currently positive-testing inmates:

Bennettsville FCI: 3 (unchanged)

Carswell FMC: 3

Sheridan FCI: 3

Institutions with the largest number of currently positive-testing staff: Pekin FCI: 9 (unchanged)

Big Sandy USP: 6 (unchanged)

Central Office HQ: 6 (unchanged) System-wide testing results: Presently, BOP has 129,392 federal inmates in BOP-managed institutions and 14,073 in community-based facilities. Today's stats: Completed tests: 115,771 (down from 115,789) Positive tests: 43,479 (down from 43,570)

Case Note: District court can't consider CR application filed before exhaustion of 30-day waiting period, even if the requisite 30 days passes while the application is still pending...


In U.S. v. SETH A. COX, Defendant-Appellant, No. 21-1156, 2021 WL 2673359, at *2 (7th Cir. June 29, 2021), the court made clear that the district court lacks authority to consider a compassionate release motion filed before the warden has had 30 days to respond to a compassionate release request, even if the 30-day period is thereafter reached, explaining, "For its part, the government asks us to uphold the denial because of Cox's failure to exhaust. Before seeking compassionate release in court, a defendant must “present his request for compassionate release to the warden and exhaust administrative appeals (if the request is denied) or wait ‘30 days from the receipt of such a request by the warden.’ ” United States v. Sanford, 986 F.3d 779, 781–82 (7th Cir. 2021) (quoting 18 U.S.C. § 3582(c)(1)(A)). Cox, however, filed his motion for compassionate release only 18 days after presenting his request to the warden. The warden ultimately did not act on Cox's request within 30 days, but even so, Cox moved for relief before knowing whether he would have a decision to appeal administratively. The government raised Cox's failure to exhaust, but the district court declined to decide the issue. After its ruling, however, we clarified that the exhaustion requirement is a mandatory claim-processing rule. Id. at 782. Therefore, the court was required to address the issue, and based on the undisputed record, we must affirm the judgment on that ground. Id.”)

Death Watch: The BOP has reported no additional inmate fatalities, leaving the number of inmate fatalities at 240. Five of these inmates died while on home confinement. Staff fatalities remain at 4.

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