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September 30, 2022: COMPASSIONATE RELEASE, COVID-19, and BOP BLOG


Fast Facts (Full BOP stats can be found here)


Confirmed active cases at 93 BOP facilities and 10 RRCs

Currently positive-testing inmates: 319 (up from 279) Currently positive-testing staff: 484 (up from 480) Recovered inmates currently in the BOP: 48,908 (down from 48,911) Recovered staff: 14,066 (up from 14,064)


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

Yazoo City Medium FCI: 102 (up from 61

Yazoo City Low FCI: 29 (unchanged)

Oakdale II FCI: 25


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

Central Office HQ: 58 (unchanged)

Brooklyn MDC: 33 (unchanged)

Rochester FMC: 26 (unchanged)

System-wide testing results: Presently, BOP has 143,122 federal inmates in BOP-managed institutions and 14,143 in community-based facilities. Today's stats: Completed tests: 128,705 (unchanged) Positive tests: 55,353 (unchanged)


Total vaccine doses administered: 330,177 (up from 330,108)


Case Note: Before CR would be considered defendant should run claims of medical neglect through the BOP's grievance process...


In U.S. v. ANTWON BONNER, No. CR 19-226, 2022 WL 4483104 (W.D. Pa. Sept. 27, 2022) (Horan, J.), the court ruled hat defendant's claim of neglectful medical treatment should first be brought to the BOP through the grievance system and if BOP doesn’t respond appropriately then a CR may lie, explaining: "The Court agrees with the government that Mr. Bonner is arguing for compassionate release based upon the allegation that he is not receiving adequate medical care for his avascular necrosis. The Bureau of Prisons has an established grievance procedure for prisoners who allege that they are receiving inadequate medical care. If Mr. Bonner files a grievance regarding his medical treatment, the BOP's response to the grievance may eventually result in Mr. Bonner receiving appropriate medical treatment for his avascular necrosis. On the other hand, the BOP may respond in such a manner that medical treatment is delayed or denied. However, as the record stands now, such information is unknown; and thus, rather than proceed directly to a compassionate motion request, Mr. Bonner must first attempt to have his medical conditions treated at his facility. In addition, and related to the above, Mr. Bonner's compassionate release is inappropriate to the extent Mr. Bonner's claim states an Eighth Amendment claim of inadequate medical care. For these reasons, the Court cannot say that Mr. Bonner's circumstances demonstrate “extraordinary and compelling reasons” at this time. Mr. Bonner's Motion will be denied without prejudice.”

Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) Today the BOP identified no additional inmate fatalities and so the total number COVID-related inmate deaths remains at 308. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.

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