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December 1, 2020

Federal Defenders' updated fact-sheet on COVID-19 and federal detention

Sentencing Resource Counsel for the Federal Public Community Defenders now have updated this fact sheet on "The COVID-19 Crisis in Federal Detention."  This two-page document is dense with information and links about the continued ugly state of federal detention amidst the pandemic.  I recommend the full document and all its helpful links, and here are some of the details (absent the links):

Eight months into the pandemic, the failure to control COVID-19 in federal detention remains “both a public health catastrophe and a moral one.”  In the Federal Bureau of Prisons (BOP), the disease is infecting incarcerated individuals at a rate at least 4.77 times the general population.  The U.S. Marshals Service (USMS) doesn’t publicly post data on infections, but in statements to the media, it has reported that as of mid-November, 6,676 individuals in its custody had tested positive for COVID-19 and 20 had died. Federal officials have the power to protect individuals in federal custody from harm, but have failed to do so....

There have now been 157 reported deaths of individuals incarcerated in BOP, a devastating loss.  They were parents, siblings, and children.  They were us.  And some of their deaths surely were preventable.  BOP’s press releases reveal that the majority — 117 — were at higher risk of complications from COVID-19 and that BOP knew it.  Nearly a third of those who have died in BOP’s care were sixty-five or older.

At least 25 individuals died in BOP custody after filing—and in some cases, even after being granted — requests for release.  Many wrote to the court to plead for their lives in the days, weeks, and months preceding their deaths....

BOP and AG Barr have barely used the tools Congress gave them to safely lower prison populations.  The CARES Act authorized AG Barr to dramatically expand the use of home confinement to protect the most vulnerable from COVID-19.  Instead, AG Barr and BOP issued restrictive guidance and memos, each “more confusing than the next,” that together establish a “complex set of procedural and logistical hurdles to home confinement.”  The OIG found that BOP failed to use its early-release authorities to transfer vulnerable individuals to safety in its reviews of hard-hit facilities like Lompoc Federal Correctional Complex (FCC) and Oakdale FCC.  During the first three months of the pandemic, BOP approved only 11 of the 10,940 — 0.1% — of compassionate release requests it received.  The First Step Act of 2018 expanded compassionate release so that individuals may file a motion directly with the court 30 days after the warden’s receipt of a request, but that delay, coupled with routine opposition to release by DOJ, prevents vulnerable defendants from obtaining critical relief.  Based on a survey of defense attorneys representing clients across the country, we are not aware of a single BOP-initiated motion for compassionate release based on heightened risk of severe illness from COVID-19 infection.

December 1, 2020 at 05:53 PM | Permalink


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