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July 21, 2021: BOP COVID-19 and COMPASSIONATE RELEASE UPDATE



Quick Facts: Currently positive-testing inmates: 200 (up from 180) Currently positive-testing staff: 108 (down from 112) Recovered inmates: 43,338 (down from 43,427) Recovered staff: 6,969 (up from 6,962) Institutions with the largest number of currently positive-testing inmates:

Texarcana FCI: 134 (up from 126)

Houston FDC: 13 (up from 12)

Bennettesville FCI: 5 (unchanged)

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

Texarcana FCI: 7 (unchanged)

Brooklyn MDC: 5 (unchanged)

Leavenworth USP: 5 (unchanged)

System-wide testing results: Presently, BOP has 130,316 federal inmates in BOP-managed institutions and 14,135 in community-based facilities. Today's stats: Completed tests: 117,326 (up from 117,288) Positive tests: 42,969 (down from 43,035)

Total Vaccine doses distributed: 202,547

Case Note: A cautionary tale about the need to follow BOP regs re requests to the Warden for compassionate release...


In U.S. v. STEPHANIE LEIGH MILLIRON, 2021 WL 3032736 (E.D. Tex. July 19, 2021) (Jordan, J.), the court continued an emerging trend among courts to enforce BOP’s regs insofar as failure to fully comply with them condemns a compassionate release petition, explaining: “[T]he contents of Milliron's request to the warden raise an issue as to her satisfaction of the exhaustion requirement. Milliron's compassionate-release requests to the warden failed to satisfy the requirements of 28 C.F.R. § 571.61 because she did not set out the requisite release plan. See Williams, 2020 WL 3843737, at *2. Milliron's May 14, 2021, request to the warden states that she has “a residence [she] can be released to and [she] will be applying for medical coverage for [her] treatment.” (Dkt. #59-1 at 2). This does not come close to satisfying the minimum requirement that Milliron provide information regarding “where the inmate will reside, how the inmate will support himself/herself, and, if the basis for the request involves the inmate's health, information on where the inmate will receive medical treatment, and how the inmate will pay for such treatment.” 28 C.F.R. § 571.61. Based on similar insufficiencies in other inmates’ compassionate-release requests to their wardens, courts in this Circuit have denied defendants’ requests, concluding that the thirty-day period does not begin with a deficient request to a warden. See, e.g., Williams, 2020 WL 3843737, at *2 (finding that the defendant's request, which did not include a sufficient release plan, failed “to meet the minimum standards needed to initiate a request for compassionate release as required under § 571.61” and thus that the defendant's “request to the warden [was] deficient,” and, “[a]s a result, the thirty-day exhaustion period did not begin.”). Thus, although the Government conceded that Milliron satisfied the exhaustion requirement, the Court concludes that Milliron's motion should be denied based on her deficient request to the warden.”

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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