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September 12, 2022: COMPASSIONATE RELEASE, COVID-19, and BOP BLOG


Fast Facts (Full BOP stats can be found here)


Confirmed active cases at 109 BOP facilities and 12 RRCs

Currently positive-testing inmates: 291 (down from 477) Currently positive-testing staff: 717 (up from 716) Recovered inmates currently in the BOP: 49,216 (unchanged) Recovered staff: 13,698 (up from 13,690)


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

Danbury FCI: 28

Canaan USP: 19 (down from 67)

Yazoo City Low FCI: 17 (down from 48)

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

Central Office HQ: 59 (unchanged)

Rochester FMC: 35 (unchanged)

Brooklyn MDC: 30 (unchanged)

System-wide testing results: Presently, BOP has 142,119 federal inmates in BOP-managed institutions and 13,968 in community-based facilities. Today's stats: Completed tests: 128,711 (down from 128,715) Positive tests: 55,360 (down from 55,364)


Total vaccine doses administered: 329,458 (up from 329,346)


Earned Time Credits


As you know we have generally limited our news and case notes to Compassionate Release and COVID-19 related topics but often see other BOP news of note. On September 8 the BOP released its Auto-Calculation of First Step Act credits. Although the BOPs implementation of earned time credits will result in early release of thousands of inmates those with short sentences won't be happy with the BOPs auto-calculation formula. As many have reported, the memo sent last week to inmates states, A memorandum posted to federal prisoners on Thursday states:


“Eligible inmates will continue to earn FTC [Federal Time Credits] toward early release until they have accumulate 365 days OR are 18 months from their release date, whichever happens first [emphasis added by BOP]. At this point, the release date becomes fixed, and all additional FTCs are applied toward RRC/HC [Residential Reentry Centers / Home Confinement] placement.”


As Walter Pravo reports in Forbes:


The effect will be that those prisoners with short sentences will get no reduction in their sentence, something that clearly goes against the BOP’s own experts on FSA.

When a federal prisoner is sentenced, they receive 54 days of Good Conduct Time as soon as they are in federal custody. For someone sentenced to 21 months in prison, that means they would get 94 days of Good Conduct Time (54 days for 12 months then a prorated annual amount of 54 days for the other 9 months) immediately taken off their sentence. So long as the prisoner obeys the rules, their release date would be the 21 months less the 94 days. When FSA came along, the intent was to allow that same prisoner to earn additional days which could be applied to effectively reducing the sentence (a sooner transfer to supervised release, a type of probation). However, the new BOP memorandum takes that away from prisoners by setting what is an arbitrary 18 month, until release, cut-off for receiving FSAs to reduce the sentence. The result is going to be that thousands of federal inmates, many minimum security, will remain in prison for months longer than Congress intended when it passed the law.


The entire article is worth reading.


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has identified no new COVID-related fatalities. The total number COVID-related inmate deaths remains at 306. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.

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