Please ensure Javascript is enabled for purposes of website accessibility
 
Search

September 13, 2022: COMPASSIONATE RELEASE, COVID-19, and BOP BLOG



Fast Facts (Full BOP stats can be found here)


Confirmed active cases at 107 BOP facilities and 13 RRCs

Currently positive-testing inmates: 308 (up from 291) Currently positive-testing staff: 712 (down from 717) Recovered inmates currently in the BOP: 49,198 (down from 49,216) Recovered staff: 13,714 (up from 13,698)


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

Danbury FCI: 35 (up from 28)

Berlin FCI: 28

Yazoo City Low FCI: 19 (up from 17)

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

Central Office HQ: 58 (down from 59)

Rochester FMC: 35 (unchanged)

Brooklyn MDC: 31 (up from 30)

System-wide testing results: Presently, BOP has 142,086 federal inmates in BOP-managed institutions and 13,909 in community-based facilities. Today's stats: Completed tests: 128,712 (up from 128,711) Positive tests: 55,361 (up from 55,360)


Total vaccine doses administered: 329,485 (up from 329,358)


Case Note: Inmate can't bypass BOP regulatory regime to redress attempted rape and then rely on the same conduct to establish extraordinary and compelling circumstances....


In U.S. v. BRUCE STEWART, Defendant., No. CR 02-62 (MN), 2022 WL 4094128 (D. Del. Sept. 7, 2022) (Noreika, J.), the court held that defendant's failure to invoke BOP regulatory regime to address attempted prison rape claim dooms reliance on the conduct to establish extraordinary and compelling circumstances, explaining: "Mr. Stewart was the victim of an attempted prison rape. Although this charge is serious and concerning, the Court is not convinced that it falls within the ambit of “extraordinary and compelling” circumstances that allow for release from an otherwise lawful incarceration. See United States v. Tate, 2022 WL 827256, at *2 (W.D.N.C. Mar. 18, 2022) (“An inmate's reasonable fear of assault by other inmates within the BOP is not an extraordinary or compelling reason for compassionate release under 18 U.S.C. § 3582(c)(1)(A).”). Moreover, it appears that Mr. Stewart raised this charge in connection with the instant motion. As the government points out, “there is a large and sophisticated regulatory regime already in place to handle allegations of prisoner rape, none of which has occurred in this case.” (D.I. 278 at 6-7). No investigation has been done, no remedies have been sought under the applicable policies, and no litigation has been filed to substantiate the claims. Thus, at this point, the Court cannot base a finding of extraordinary and compelling reasons on the rape allegations.”




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.

10 views0 comments