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July 23, 2021: BOP COVID-19 and COMPASSIONATE RELEASE UPDATE




Quick Facts: Currently positive-testing inmates: 245 (up from 208) Currently positive-testing staff: 129 (up from 115) Recovered inmates: 43,230 (down from 43,270) Recovered staff: 6,972 (unchanged) Institutions with the largest number of currently positive-testing inmates:

Texarcana FCI: 158 (up from 136)

Houston FDC: 17 (up from 15)

Miami FDC: 8

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

Texarcana FCI: 7 (unchanged)

Pollock: 7

Brooklyn MDC: 5 (unchanged)

System-wide testing results: Presently, BOP has 130,444 federal inmates in BOP-managed institutions and 14,300 in community-based facilities. Today's stats: Completed tests: 117,491 (up from 117,386) Positive tests: 42,905 (down from 42,909)

Total Vaccine doses distributed: 202,910

In the news: As reported recently by various news outlets, the Biden administration's legal team has concluded that former President Trump's legal team properly interpreted the law when it concluded that, absent relief, inmates whose custody was temporarily transferred by the BOP from prison to the home during Covid would have to return to prison to serve out the remainder of their terms. It has been reported that the approximately 4000 non-violent inmates effected by this ruling can be spared re-incarceration only by legislation or commutation. There exists, however, a third option: compassionate release. Inmates at risk, either pro se, or represented by counsel, should petition their Warden for compassionate release and then, after the 30-day waiting period (assuming the Warden denies relief or does not act), move before their sentencing judge for compassionate relief. We are hopeful that many judges will not want to see inmates who have successfully weathered Covid at home needlessly return to prison. Many judges have taken the opportunity to use the compassionate release process during COVID to achieve justice and certainly avoiding returning compliant persons to prison is an additional goal worthy of their discretion.


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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