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October 25, 2021: COMPASSIONATE RELEASE and BOP COVID-19 BLOG



Quick Facts (Full BOP Stats can be found here) Currently positive-testing inmates: 160 (down from 168) Currently positive-testing staff: 413 (down from 429) Recovered inmates: 42,893 (down 42,910) Recovered staff: 8,088 (up from 8,061)


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

Terre Haute USP: 23 (unchanged)

Brooklyn MDC: 11 (unchanged)

Allenwood Low CI: 8

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

Oakdale I FCI: 27 (unchanged)

Phoenix FCI: 27 (unchanged)

Forrest City Medium: 20 (unchanged)

System-wide testing results: Presently, BOP has 132,741 federal inmates in BOP-managed institutions and 14,564 in community-based facilities. Today's stats: Completed tests: 123,969 (up from 123,455) Positive tests: 42,613 (down from 42,655)


Total vaccine doses administered: 236,067 (up from 234,516)

Case Note: Defendant with 2032 release date granted compassionate release to care for wife with rare ailment..


In U.S. v. RICHARD YOUNG, 2021 WL 4899159 (D. Nev. Oct. 20, 2021) (Hicks, J.), defendant's 2032 release date notwithstanding, court grants compassionate release so defendant can care for his ex-wife suffering from a rare ailment that has already resulted in her toes being amputated, explaining: "On December 22, 2011, this Court sentenced Young to 300 months of incarceration followed by three years of supervised release. ECF No. 264. Young has been in federal prison since March 30, 2011, and is currently located at FCI Yazoo City, Low, in Yazoo City, MS. He has an expected release date of August 23, 2032. … The Court finds that extraordinary and compelling reasons exist in this case. … Young further argues in his pro se motion, as well as in counsel's supplemental motion, that an extraordinary and compelling reason warranting his release is for the care of his ailing ex-wife, Ms. Schilling. See ECF Nos. 308, 318. Ms. Schilling suffers from an ailment known as Charcot foot. … Unfortunately, due to her condition, Ms. Schilling has had all of her toes amputated, has difficulty walking, and suffers from an immense amount of pain daily. ECF No. 319-1. Moreover, Ms. Schilling has severe ulcers on her feet that leave open “fresh bleeding tissue” that don't require anesthetic because of a lack of sensation to the feet. Id. As indicated in her medical report and at the September 30th hearing, Ms. Schilling likely will have to have her lower right leg amputated. Id. This will invariably leave Ms. Schilling wheelchair bound. Ms. Schilling has, and will continue to have post-amputation, a difficult time with routine tasks. Ms. Schilling lives alone and currently must navigate stairs in her apartment. After Ms. Schilling becomes wheelchair bound, she will inevitably have to move homes because of the obstacle the stairs create. Without a partner to care for her, Ms. Schilling will face exceptional hardship living alone. Moreover, Ms. Schilling relies solely on social security and food stamps to pay for her bills and groceries. Financial support from a partner would be an enormous help to Ms. Schilling. At the hearing, the Court inquired as to any family or friends—other than Young—who could assist Ms. Schilling. Ms. Schilling made clear that, at least in the Great Falls, Montana area, there is nobody to provide her the type of care that she requires. Ms. Schilling asserted that if Young is not granted supervised release, then she will stay in pain and continue facing countless daily hardships. The Court finds that given this consideration, that is, the support and care for Ms. Schilling, extraordinary and compelling reasons warrant Young being ordered to home confinement with location monitoring to serve the rest of his sentence. … [T]he Court will grant Young's motion for compassionate release and reduces his custodial sentence to time served. The Court will also impose an additional term of supervised release, pursuant to 18 U.S.C. § 3582(c)(1)(A), to last until a date not later than August 27, 2032, Young's current BOP projected release date, with conditions of release described below. At the completion of that new term of supervised release, Young will begin the three-year term of supervised release the Court imposed at Young's sentencing hearing, with the conditions of supervision imposed at that hearing.”

Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) Inmate COVID-related deaths remain at 265. Ten of the inmate fatalities died while on home confinement. Staff deaths remain at 7.

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