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July 15, 2021: BOP COVID-19 AND COMPASSIONATE RELEASE UPDATE


Quick Facts: Currently positive-testing inmates: 138 (up from 93) Currently positive-testing staff: 114 (up from 105) Recovered inmates: 43,549 (down from 43,624) Recovered staff: 6,948 (up from 6,947) Institutions with the largest number of currently positive-testing inmates:

Texarcana FCI: 105 (up from 62)

Houston FDC: 4 (unchanged)

Bennettesville FCI: 3 (unchanged)

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

Texarcana FCI: 8 (up from 5)

Brooklyn MDC: 5 (unchanged)

Leavenworth USP: 5 (unchanged)

System-wide testing results: Presently, BOP has 130,127 federal inmates in BOP-managed institutions and 14,223 in community-based facilities. Today's stats: Completed tests: 116,704 (up from 116,695) Positive tests: 43,110 (43,168)

Total Vaccine doses distributed: 201,803

Case Note: Follow the BOP Program Statement when applying for compassionate release or else...


In U.S. v. BRIAN K. SHELTON, 2021 WL 2936128 (E.D. Ky. July 13, 2021) (Hood, J.), the court held that failure to follow BOP’s criteria in requesting CR from warden prevents review of merits, explaining: "Here, the United States contends that Shelton failed to comply with the administrative requirements under Program Statement 5050.50. Specifically, the United States explains that in order to fully comply and properly request compassionate release, petitioners must “state the circumstances for the request, propose a release plan, [explain] how you will support yourself, where you will acquire medical treatment and how you will pay for treatment.” [DE 125 at 2]. Within thirty days of his request for compassionate release, the RIS coordinator informed Shelton that he had not given the criteria for which he was applying or did not provide all of the require documentation. There is no indication that Shelton resubmitted his request or remedied it by providing the missing documentation or information. The Sixth Circuit has held that prisoners must follow the procedural requirements before submitting a motion to a federal Court. United States v. Alam, 960 F.3d 831, 833 (6th Cir. 2020) (“Even though this exhaustion requirement does not implicate our subject-matter jurisdiction, it remains a mandatory condition.”). As a consequence, Shelton's failure to comply with the requirements and file a proper request prevents this Court from considering the merits of Shelton's compassionate release request.”

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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