COVID-19 – BOP Update March 31 2020

We provide this PowerPoint update as a reference for information on COVID-19. As of this morning, there is no mass action being taken by the Bureau of Prisons to respond to Attorney General Barr’s request to BOP Director Carvajal to move inmates who are elderly or who have underlying conditions to home confinement. Contacts with those inside of prison, staff and inmates, appears to show no coordinated effort to move anyone home.

The BOP continues to have marked increase in COVID-19 outbreaks and we expect it to be even more in the coming days as President Trump extended his “social distancing” plan until the end of April.

Attorneys on behalf of inmates held at MDC Brooklyn, filed an emergency motion to have hundreds of inmates released from custody in advance of further COVID-19 outbreaks. Meanwhile, a few of those who have the cash are getting compassionate release. Good for them, but there are many more. Here is the BOP policy on Compassionate Release.

We continue to hear reports of more outbreaks.

One idea that the BOP needs to consider is granting furloughs to high risk inmates … tell them to go home for a month until we see what happens with COVID-19 … get them out of the way. In 30 days, they can direct them to home confinement. Right now, they need to get them home.

Our Jack Donson has his own take on Nadler’s letter :

I agree the letter is good but from a BOP policy standpoint, early on it talks about “releasing” to home detention. In the BOP people are “transferred” to home detention. I realize that is semantics but the thought of transfer is more palatable especially for the general public.

The part about the viable release plan should be directed at the AOUSC for guidance to the District Courts. The BOP will submit any release plan the person gives them on the “Supervision Release Plan” form but its’ the USPO that determines if the plan is viable and approves it.

It would also be nice if someone addresses the people who are surrendering every day. I spoke to people in the BOP command center yesterday and they are not even thinking about that population, nor the holdovers in transit designated or holdovers not yet designated.

As far as PATTERN, everyone scored after 1/15/2020 is scored on the prior criteria. The BOP did not go in an recalculate PATTERN scores after Barr’s 1/15 memo so despite PATTERN being deficient, they don’t even have accurate scores.

Also, I don’t hear anyone speaking about streamlining the lengthy process of HD referrals. There is a lot of paperwork, medical and psychological clearances, victim witness notifications, and Central Inmate Monitoring (CIM) clearances, etc.

Mr. Nadler also seems to be unaware the BOP has HD aside from the Federal Location Monitoring Program. Each private RRC contract has their own monitoring program with a BOP quota and most do not even use technology.

Lastly, I’ve yet to hear of anyone point to the Warden’s authority to grant emergency furloughs for up to 30 days. They actually can impose a stay at home condition and can be processed over night. We use to process emergency bed side visits and funerals for the Jewish population and have them out the next day. Its very little paperwork. I realize it’s piece meal but every free bed gives other people space for distancing.

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