We have created this resource page for media, family and attorneys on information related to the crisis in the Federal Bureau of Prisons.
The Bureau of Prisons is actively tracking outbreaks among staff and inmates HERE.
Hurwitz Memo – On May 8 2020, BOP provided direction as to guidance of who was to be released under the CARES Act. Among the direction was that those inmates who had received a 300-400 level disciplinary shot the they would still be eligible. There is the same emphasis on the amount of time served, 50% of sentence or 25% with 18 months or less remaining.
Center for Disease Control (CDC) Guidelines for those who are at most susceptible to an adverse reaction to COVID-19.
BOP Policy on Home Confinement Under The First Step Act. – This policy is authorized … “Home confinement authority. – The authority under this subsection may be used to place a prisoner in home confinement for the shorter of 10 percent of the term of imprisonment of that prisoner or 6 months. The Bureau of Prisons shall, to the extent practicable, place prisoners with lower risk levels and lower needs on home confinement for the maximum amount of time permitted under this paragraph.” There is also information on elderly care release.
Prisons Are Overcrowded – We are publishing here from information received of a FOIA request, population reports of the BOP as of October 2019. This is what the prison population looked like just before the COVID-19 outbreak.
April 13, 2020 – BOP initiates Phase 6 plan to address COVID-19
April 10, 2020 – Congressman Nadler letter to AG William Barr as to status of releasing inmates from federal prison and a number of questions.
April 8, 2020 – BOP Releases answers to Frequently Asked Questions regarding Home Confinement under the CARES Act and addressing COVID-19. (note: the BOP deleted this document on April 21 2020 after Prisonology asked them about the document).
April 7, 2020 – The Federal Defenders has a resource page on Compassionate Release amid the COVID-19 outbreak in prisons. Good case references, motions and articles for citations.
April 6, 2020 – The associate Warden at the Federal Bureau of Prisons facility at Brooklyn MDC filed an affidavit in a SDNY case stating that her institution could not provide an estimated date of responding to a Compassionate Release (CR) response. Could be helpful resource in other cases requesting CR.
April 6, 2020 – Prisonology hosted a Zoom session with New Jersey Public Defenders Office. One hour of good information on COVID-19 and status of BOP’s actions related to the crisis. As an update, the BOP has started to evaluate candidates for home confinement. The BOP’s own website has started to acknowledge this.
April 5, 2020 – The Federal Bureau of Prisons Issues Operations Memorandum on Home Confinement under the First Step Act.
April 3, 2020 – AG William Barr sends another memo to the BOP telling them to act on increasing Home Confinement.
April 1, 2020 – Federal Defenders letter to Attorney General Barr that they want actions regarding the release of inmates in the BOP.
March 30, 2020 – US District Judge Jesse Furman issues Memorandum regarding the need for the Trump administration to help protect vulnerable inmates.
March 30, 2020 – Chairman Nadler Letter to Attorney General Barr with concerns over the directive given to the Bureau of Prisons
March 27, 2020 – Prisonology PowerPoint Overview of COVID-19 Situation
March 27, 2020 – Letter from top Health Experts to President Trump regarding the pending health crisis in US Prisons.
March 27, 2020 – Class Action lawsuit filed against MDC Brooklyn on behalf of inmates incarcerated there during COVID-19
March 26, 2020 – The Justice Collaborative Response to Barr’s Memo … it falls short of what actions are necessary to prevent what could be thousands of deaths.
March 26, 2020 – Attorney General William Barr Directive to BOP re prioritization of Home Confinement.
March 23, 2020 – MCC New York announces positive COVID-19 inmate.
March 20, 2020 – Proposed motion to help people to get out of MDC Brooklyn …. but could be used for anyone currently in prison.
March 13, 2020 – BOP Health Services provides Memo For Inmates on policy changes as a result of COVID-19 including suspension of visits and no movement of inmates.
March 9, 2020 – BOP Provides Guidance on COVID-19 and Leave of Absence Guide.