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November 18, 2021: COMPASSIONATE RELEASE and BOP COVID-19 BLOG


Quick Facts (Full BOP Stats can be found here) Currently positive-testing inmates: 121 (up from 118) Currently positive-testing staff: 263 (up from 259) Recovered inmates: 42,316 (down from 42,369) Recovered staff: 8,414 (up from 8,410)


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

Terre Haute FCI: 29 (unchanged)

McKean FCI: 17 (up from 10)

Canaan USP: 6

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

Florence ADMAX USP: 17 (unchanged)

Central Office HQ: 16 (unchanged)

Carswell FMC: 13 (unchanged)

System-wide testing results: Presently, BOP has 133,825 federal inmates in BOP-managed institutions and 14,896 in community-based facilities. Today's stats: Completed tests: 125,279 (unchanged) Positive tests: 42,069 (unchanged)


Total vaccine doses administered: 252,397 (up from 250,717)

Case Note: Defendant's imminent transfer to home confinement militates against finding extraordinary and compelling circumstances...


In U.S. v. CYNTHIA DEMNIAK, 2021 WL 5324035 (W.D. Pa. Nov. 16, 2021) (Hornak, J.). the court found that, while defendant’s imminent transfer to home confinement under CARES does not moot a CR, it all but negates defendant’s ability to show extraordinary and compelling circumstances, explaining: “Finally, Ms. Demniak reports in her reply that the BOP has granted her request to be transferred to home confinement under the CARES Act, and such transfer is tentatively scheduled to occur on November 22, 2021. Ms. Demniak is correct that such relief does not moot her instant Motion as such form of CARES Act relief may be temporary and is therefore distinguishable from the relief she seeks here under the First Step Act. The Court concludes, however, that the imminent prospect of Ms. Demniak's transfer to home confinement, when combined with her vaccination status and the current absence of COVID-19 at FPC Alderson, does tend to negate any potentially “extraordinary and compelling” nature of her current situation. In addition to mitigating any heightened risk due to communal living at FPC Alderson, Ms. Demniak's pending release would seem to permit her to see her usual medical professionals for any ongoing concerns she feels are not being addressed by the BOP medical staff. The Court therefore concludes that at this time the medical conditions Ms. Demniak suffers from do not rise to the level of “extraordinary and compelling,” either on their own, in combination, or when considered in conjunction with the COVID-19 pandemic. Given that the Court is denying Ms. Demniak's Motion without prejudice, she will be able to file an amended motion should she be returned to BOP custody and if her medical situation would support such a renewed motion.”



Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has identified one new COVID-19 fatality. Total inmate COVID-related deaths have increased to 267. Ten of the inmate fatalities died while on home confinement. Staff deaths remain at 7.



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