Fast Facts (Full BOP stats can be found here)
Confirmed active cases at 69 BOP facilities and 11 RRCs
Currently positive-testing inmates: 235 (up from 216) Currently positive-testing staff: 63 (up from 60) Recovered inmates currently in the BOP: 45,215 (down from 45,320) Recovered staff: 15,191 (unchanged)
Institutions with the largest number of currently positive-testing inmates:
Leavenworth USP: 40 (up from 36)
Carswell FMC: 24 (unchanged)
Oklahoma City FTC: 16 (down from 17)
Institutions with the largest number of currently positive-testing staff:
Devens FMC: 7 (unchanged)
Terminal Island FCI: 6 (unchanged)
Carswell FMC: 5 (unchanged)
System-wide testing results: Presently, BOP has 144,846 federal inmates in BOP-managed institutions and 13,043 in community-based facilities. Today's stats: Completed tests: 128,658 (unchanged) Positive tests: 55,306 (unchanged)
Total vaccine doses administered: 348,864 (up from 348,824)
Case Note: Court appointed expert confirms defendant receiving substandard medical care for serious problems and so she is released...
In U.S. v. Willis, No. 2:06CR71-MHT, 2023 WL 2368704 (M.D. Ala. Mar. 6, 2023) (Thompson, J.), the court agrees with parties that BOP cannot manage defendant’s debilitating medical conditions so home she goes, explaining: "According to Bureau of Prisons (“BOP”) medical records, which the parties do not dispute, Willis has a diagnostic history of coronary artery disease with cardiac stent placement, peripheral vascular disease, hypertension, and thrombosis (blood clots). BOP Medical Records (Doc. 474-1). In September 2022, the BOP transported her to a medical facility where she underwent three surgical attempts to open a blocked artery. Id. According to BOP medical records, all three surgical attempts “failed” to open her blocked artery. Id. On October 18, 2022, Willis filed an emergency motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1), as amended by Section 603 of the First Step Act. She asserts that she meets the Sentencing Commission's policy directive for compassionate release because the totality of her medical conditions “substantially diminish[ ] the ability of the defendant to provide self-care within the environment of a correctional facility and from which he or she is not expected to recover.” U.S. Sentencing Guidelines (“U.S.S.G.”) § 1B1.13, comment n.1(A)(ii) (U.S. Sent'g Comm. 2021). On December 14, 2022, the court appointed Dr. Bernard Ashby, MD, MPP, RPVI, FACC to serve as an independent medical expert to assess Willis and assist the court's determination as to whether she meets the criteria for compassionate release. On February 8, 2023, Dr. Ashby filed his final report with the court. Ashby confirmed that Willis suffers from serious medical conditions such as coronary artery disease, peripheral vascular disease, hypertension, and thrombosis. He opined that, based upon her multiple risk factors, she is at increased risk for a potentially fatal heart attack or stroke; that she is receiving a substandard quality of care within the BOP, and that this substandard care compounds the risk of her death or permanent disability. According to Dr. Ashby: “Patient Willis is not expected to recover from peripheral vascular disease, as indicated by repeated failed surgical interventions while in the Bureau of Prisons’ custody.” Ashby Report (Doc. 492) at 1. The report concludes: “The prison environment is incapable of providing the level of care necessary for this particularly complex and high-risk patient.” Id. at 3. The parties informed the court that they had reviewed and had no objections to the report. As explained in its response to Willis's emergency motion, the government does not oppose Willis's compassionate release, stating that: Her “medical conditions are serious, chronic, and unlikely to resolve, either on their own or through medical intervention. Furthermore, the prison environment makes it difficult for Willis or BOP authorities to provide ‘self-care’ in the event Willis does have a sudden cardiac event. As the expert report indicates, the distance from the prison to an appropriate facility creates a danger should Willis require rapid treatment for a serious cardiac event. [ ] Combined with Willis's unique and exceedingly rare medical condition, the government is satisfied that a sentencing reduction is appropriate in this case.” Gov't Response to Emergency Motion (Doc. 495) at 5-6. … The court agrees with the parties that Willis meets the statutory and guideline criteria for compassionate release. As Dr. Ashby opined, in this particular case the correctional environment is ill-equipped to address the sudden onset of an emergency cardiac event for this particular defendant. Willis's medical conditions are serious and have been resistant to surgical treatment. According to BOP medical records, all three surgical attempts failed to open her blocked artery. Furthermore, she is incarcerated in Aliceville federal prison. The prison is approximately 50 miles from the nearest hospital that would be adequately equipped to render urgent care should she experience an emergency heart attack or stroke, for which Dr. Ashby opined she is at increased risk. Willis's medical diagnoses, when coupled with the distance from the prison to an appropriate facility, creates a particularized danger should she require rapid treatment for a serious cardiac event. The court finds the totality of these facts to be extraordinary and compelling.”
Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) Today, the BOP announced no new COVID-related deaths, leaving the total number of inmate COVID-related deaths at 314. Eleven of the inmates died while on home confinement. Staff deaths remain at 7
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