Please ensure Javascript is enabled for purposes of website accessibility
 
Search

October 20, 2021: COMPASSIONATE RELEASE and BOP COVID-19 BLOG



Quick Facts (Full BOP Stats can be found here) Currently positive-testing inmates: 172 (down from 210) Currently positive-testing staff: 454 unchanged) Recovered inmates: 42,988 (down 43,010) Recovered staff: 8,016 (up from 8,012)


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

Terre Haute USP: 24 (unchanged)

Coleman Low FCI: 12

Brooklyn MDC: 11 (down from 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 132,446 federal inmates in BOP-managed institutions and 14,499 in community-based facilities. Today's stats: Completed tests: 123,453 (up from 123,452) Positive tests: 42,718 (down from 42,774)


Total vaccine doses administered: 234,592 (unchanged)

Case Note: Son's letter to BOP facility, requesting father's release, did not exhaust exhaustion remedies ...


In U.S. v. DARNELL BOYD (7), 2021 WL 4849485 (W.D. Ky. Oct. 18, 2021) (Russell, J.), the court found that an e-mail by defendant’s son to the BOP facility inquiring about early release for his father’s medical issues did not satisfy exhaustion, explaining: "Here, Boyd's son emailed the BOP stating: “Hi my name is Devan Boyd my father is a[n] inmate at FCI [T]erre [H]aute. He is a nonviolent criminal and I was wondering if he qualified for early release due to his Medical issues. It would be greatly appreciated to hear anything back.” [DN 413-1]. The BOP responded with general information regarding Home Confinement and the Bureau's Covid-19 policies. Id. No mention of a request for compassionate release, nor the denial thereof was relayed. Id. Boyd's Motion for Compassionate Release must be denied because Defendant failed to provide any evidence that he personally requested compassionate release from the warden of his facility and for failure to exhaust the BOP's administrative process. Defendant's son's inquiry about Boyd's qualifications for early release was not considered a request for a Reduction in Sentence and according to the BOP, there is no record of Boyd ever filing a request for release with the warden of his institution. ... Because Defendant did not present an actual claim to his warden, just his son's general inquiry, he failed to use the BOP's administrative process and “the Court cannot find that he has exhausted his administrative rights and, therefore, the Court does not have jurisdiction to consider the motion.” United States v. Frye, No. CR 5:15-7-KKC, 2020 WL 2513826, at *2 (E.D. Ky. May 15, 2020) (citing Gentner, 2019 WL 5581337, at *1). Therefore, his motion for compassionate release must be denied.”



Death Watch (Note: The BOP press website announcing BOP COVID-related deaths is located here.) The inmate death toll has risen by one, to 265, and the BOP has identified two of the previously tallied fatalities as Mamoudou Kaba, 24, of USP Lompoc, who died June 21, 2020 (but whose name was not previously released) and Joneka Danielle Treece of FCI Tallahassee, 41, who died October 15, 2021. Ten of the inmate fatalities died while on home confinement. Staff deaths remain at 7.

16 views0 comments