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October 19, 2021: COMPASSIONATE RELEASE and BOP COVID-19 BLOG



Quick Facts (Full BOP Stats can be found here) Currently positive-testing inmates: 210 (down from 259) Currently positive-testing staff: 454 (up from 450) Recovered inmates: 43,010 (up 42,956) Recovered staff: 8,012 (up from 7,991)


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

Phoenix FCI: 33 (unchanged)

Terre Haute USP: 24 (up from 22)

Brooklyn MDC: 12

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

Oakdale I FCI: 27 (unchanged)

Phoenix FCI: 27 (unchanged)

Forrest City Medium: 19 (unchanged)

System-wide testing results: Presently, BOP has 132,494 federal inmates in BOP-managed institutions and 14,486 in community-based facilities. Today's stats: Completed tests: 123,452 (up from 123,263) Positive tests: 42,774 (up from 42,767)


Total vaccine doses administered: 233,740 (unchanged)

Case Note: Long haul symptoms can be extraordinary and compelling...


In U.S. v. TIMOTHY MCDERMOTT, No. CR CCB-14-0334, 2021 WL 4804019 (D. Md. Oct. 14, 2021) (Blake, J.), the court found, inter alia, that long haul symptoms can be extraordinary and compelling, as court grants compassionate release to defendant 2/3 into a 132-month sentence, explaining: "Lastly, while the CDC does not identify illness from a previous infection of COVID-19 as a qualifying underlying medical condition, McDermott's ongoing challenges from contracting a severe case of COVID-19 while incarcerated compounds his current risk due to his other conditions. The court acknowledges that McDermott's obesity, and potentially his hepatosplenomegaly, asthma, hypertension, “long-COVID” symptoms, and chronic hepatitis C, individually and compounded, pose an elevated risk of severe illness from COVID-19. McDermott has thus met his burden of providing underlying conditions that constitute “extraordinary and compelling reasons” for compassionate release. … McDermott already has served eighty-five months, or approximately seven years, totaling approximately two-thirds of his sentence. This time served adequately reflects the seriousness of the offense and has provided for adequate deterrence from future criminal conduct. Further, for the protection of the public, McDermott's sentence contemplates continued supervision for a period of five years. His sister, Dawn Warch, who apparently has been supportive of McDermott throughout his incarceration, asserts she will be able to maintain a supportive and intoxicant-free home environment for McDermott upon his release from BOP custody. (ECF 334-8). Accordingly, McDermott will be required to spend the first twelve months of his five years of supervised release on home confinement with his sister, leaving only for medical appointments or other activities preapproved by his Probation Officer.”



Death Watch (Note: The BOP press website announcing BOP COVID-related deaths is located here.) The inmate death toll has risen by one, to 264, and the BOP has identified a previously tallied fatality as that of Michael Hadam, 66, of FCI Allenwood, who died October 15, 2021. Ten of the inmate fatalities died while on home confinement. Staff deaths remain at 7.


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