Please ensure Javascript is enabled for purposes of website accessibility
top of page
Search

March 15, 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 11 RRCs

Currently positive-testing inmates: 297 (up from 288) Currently positive-testing staff: 53 (down from 64) Recovered inmates currently in BOP: 45,098 (down from 45,153) Recovered staff: 15,205 (up from 15,193)


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

Leavenworth USP: 60 (unchanged)

Allenwood FCI: 24 (unchanged)

Carswell FMC: 22 (unchanged)


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

Terminal Island FCI: 6 (unchanged)

Carswell FMC: 6 (up from 5)

Devens FMC: 4 (down from 7)


System-wide testing results: Presently, BOP has 144,957 federal inmates in BOP-managed institutions and 12,934 in community-based facilities. Today's stats: Completed tests: 128,658 (up from 128,657) Positive tests: 55,306 (up from 55,305)


Total vaccine doses administered: 348,944 (up from 348,939)


Case Note: Defendant on home confinement, raising issues different from those previously asserted in support of compassionate release, must exhaust anew...

In U.S. v. JERIEL SLAY, Defendant., No. 19-CR-114-RJA, 2023 WL 2493797 (W.D.N.Y. Mar. 14, 2023), the court held that defendant’s transfer to home confinement via CARES required re-exhausting with RRM before filing motion for compassionate release based on different grounds, explaining: "The Government asserts that the instant motion should be denied because Defendant did not submit a new application to the Warden after his first motion was denied by the Court. Because the instant motion raises different grounds for a sentence reduction that his previous motion, and because Defendant is now in a different posture being on home confinement rather than incarcerated at FCI Danbury, the Court finds that Defendant was required to request compassionate release from the Warden as a predicate to filing another motion in light of these changed circumstances. See United States v. Lucas, No. 11-CR-629-8 (CS), 2022 U.S. Dist. LEXIS 182629, *5-6 (S.D.N.Y. Oct. 5, 2022) (noting that some district courts have found a second warden application “necessary where the motion raises a different ground than the previous one”); compare United States v. Carbonaro, 2022 U.S. Dist. LEXIS 148502, *5 (S.D.N.Y. Aug. 18, 2022) (deeming the defendant's original request for compassionate release to the BOP as “having satisfied the exhaustion requirement for his renewed motion,” where the second motion made essentially the same argument for release as his first).”


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 314. Eleven of the inmates died while on home confinement. Staff deaths remain at

26 views0 comments
bottom of page