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November 24, 2021: COMPASSIONATE RELEASE and BOP COVID-19 BLOG


Quick Facts (Full BOP Stats can be found here) Currently positive-testing inmates: 110 (up from 107) Currently positive-testing staff: 258 (unchanged) Recovered inmates: 42,290 (unchanged) Recovered staff: 8,457 (up from 8453)


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

McKean FCI: 21 (unchanged

Hazelton FCI: 6 (unchanged)

Butner FMC: 5 (unchanged)

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

Florence ADMAX USP: 17 (unchanged)

Carswell FMC: 13 (unchanged)

McKean FCI: 13 (unchanged)

System-wide testing results: Presently, BOP has 134,329 federal inmates in BOP-managed institutions and 14,882 in community-based facilities. Today's stats: Completed tests: 125,826 (up from 125,823) Positive tests: 41,987 (up from 41,984)


Total vaccine doses administered: 255,278 (unchanged)


Case Note: Defendant with high-risk pregnancy and several medical challenges granted compassionate release with Government consent...


In U.S. v. CARESSA YVETTE PARDO, 2021 WL 5447658 (E.D. Va. Nov. 22, 2021) (Alston Jr., J.), the court granted compassionate release to defendant, who had amassed numerous disciplinary infractions in prison then absconded from a halfway house to avoid punishment for a relationship with another resident, but who then surrendered after learning she was pregnant, the court explaining : "Considering the Motion and the Government's Position (Dkt. 46), it is hereby ORDERED that the Motion is GRANTED. … Defendant was sentenced on April 8, 2015. The Court sentenced Defendant to 84 months of imprisonment and five years of supervised release. She began serving her sentence on May 20, 2015. For most of the last six years, Defendant Pardo has been incarcerated at FCI Dublin, a minimum-security federal prison in northern California. The record reveals that she committed more than a dozen disciplinary infractions between 2015 and 2020[.] … In the final days of December 2020, Defendant was released from FCI Dublin. After serving 67 months of her 84-month sentence, she was released to a halfway house to serve the remainder of her sentence—then set to conclude in June of 2021. But a few weeks into the new year, halfway house staff discovered that Defendant had begun an inappropriate relationship with another resident. Fearing her violations of the residential facility's rules would result in her expulsion, Defendant absconded from the halfway house on January 23, 2021.1 For this conduct, Defendant forfeited 242 days of good time credit she had accrued, and FCI Dublin's disciplinary committee also disallowed her an additional 51 days of good time credit for which she might have otherwise been eligible. In March of 2021, Defendant Pardo learned she was pregnant. She then surrendered herself to the United States Marshals Service. From April 21, 2021 until October 1, 2021, Defendant was in custody at Santa Rita Jail—a facility located near FCI Dublin—serving time for her federal offense, which the Bureau of Prisons has appropriately credited toward the calculation of her term of imprisonment. On October 1, 2021, Defendant was transferred to FCI Dublin, where she remains incarcerated today. At a hearing on Defendant's disciplinary charges, she accepted responsibility for her actions, acknowledging her misconduct in a written letter and expressing what appears to be sincere remorse for her conduct. … Defendant has faced significant complications during her pregnancy. The Court has reviewed Defendant's medical records in detail, as well as a sealed supplement Defendant has submitted in support of her emergency motion. It appears from the record that Defendant's personal medical circumstances could result in severe health complications at the time of her unborn child's birth, and her pregnancy is considered high risk due to her numerous health conditions. Defendant is expected to give birth on or around November 29, 2021. According to the Bureau of Prisons, Defendant's anticipated release date is a little more than seven months from now, on June 25, 2022. And although she is eligible for release to home confinement on December 25, 2021, there has been no decision on potential release a little more than a month before her eligibility date. … Defendant's medical conditions, combined with her high-risk pregnancy, demonstrate that “extraordinary and compelling reasons” warrant a reduction in the term of Defendant's imprisonment. The Government does not oppose her request, agreeing that Defendant's uncommon scenario presents a relatively rare case in which the compassionate-release standard is satisfied. First, Defendant has shown that her incarceration and high-risk pregnancy pose significant, life-threatening risks to her unborn child. The Court has reviewed sealed material related to Defendant's specific medical conditions and finds that her specific medical circumstances are sufficiently acute to conclude that those underlying conditions, when combined with her high-risk pregnancy, constitute an “extraordinary and compelling” reason under the statute. 18 U.S.C. § 3582(c)(1)(A). Pregnant women in prison face special challenges. Continuing to be incarcerated during the last weeks of her high-risk pregnancy, giving birth while incarcerated, and separating Defendant from her newborn child following birth carries health risks for both Defendant and her baby. Put simply, Defendant Pardo will be unable to adequately care for herself and her unborn child in custody. … Second, Defendant's high-risk pregnancy places her at high risk of serious COVID-19 complications. … The Court rests its decision on the truly “extraordinary and compelling” circumstances this case presents. Defendant's request for release is distinguished both by its facts—this Court has never before considered a compassionate-release motion from a pregnant woman with serious underlying health conditions in the ninth month of her pregnancy—and the response her request garnered from the Government, as evidenced in its position statement not opposing Defendant's emergency motion. Under these circumstances, the Court orders Defendant's compassionate release.”



Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has identified no new COVID-19 fatality. Total inmate COVID-related deaths remain at 267. Ten of the inmate fatalities died while on home confinement. Staff deaths remain at 7.

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