We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.

RUNNING THROUGH THE NUMBERS

Active inmate COVID cases in the Bureau of Prisons reportedly fell 20% last week, from 2,080 to 1,670. But the number of sick staff – who are the ones bringing the disease in from the community and taking it back out – increased again, going from 703 to 726. Likewise, the number of institutions with active cases went from 116 to 118.

Speaking of numbers, the Dept. of Justice Office of Inspector General last Thursday announced a new interactive dashboard with the most comprehensive data yet on the BOP’s COVID-19 cases, deaths, and testing results. The dashboard provides daily graphs and metrics on active and recovered cases for staff and inmates, and on COVID-19 deaths staff and inmates. The data are aggregated for the entire BOP as well as broken down by all 122 individual facilities. They also show testing trends by facility, and provides information on the number of confirmed COVID-19 cases in the county in which a selected prison is located.

The OIG data represents a substantial reference for people filing compassionate release motions. As the Appeal noted last Friday, “Bureau of Prisons facilities have seen some of the largest COVID-19 outbreaks since the start of the pandemic and the department has been criticized for lacking a coherent virus response plan.” The OIG data help make that point.

Some of the latest criticism of the BOP’s COVID response came in a filing a week ago in a suit by Lompoc inmates against the Bureau. Dr. Homer Venters, an expert in epidemiology appointed by the federal court to report on conditions at Lompoc, filed a report criticizing the institution’s use of temperature only (without noting symptoms) to screen for COVID, its quarantining of inmates in punitive conditions in the SHU, lack of effective infection control in housing areas, and a nonresponsive sick call and chronic care system.

In San Diego, where the BOP’s detention center has had 368 inmate COVID-19 cases, a local newspaper reported last week that “one key decision that appears to have facilitated the spread of the virus within the facility happened when a local hospital recommended that instead of bringing an inmate in for a procedure, medical professionals do it at the jail with phone support from the hospital. The inmate was brought to the hospital regardless, and wasn’t quarantined upon his return. Soon, he and the inmates around him tested positive for the virus.”

Outbreaks continue to rage in some locations. A full 77% of inmates at FCI Waseca have contracted COVID-19. As of last Friday, 143 women were still sick. At nearby FMC Rochester, 25 inmates currently have COVID. The prison was clear of the virus just a few weeks ago after an August outbreak sickened more than a dozen inmates. Numbers remain high at Big Spring, Oxford, Coleman, Oklahoma City, Forrest City and Allenwood.

EMS1, a publication for first responders, last week called on the President to “direct the Federal Bureau of Prisons to reduce movement of offenders between facilities, minimize the intake of non-violent offenders, and ensure corrections officers have necessary PPE to prevent further spread of COVID-19 within our nation’s prisons. COs are at high-risk for on-duty exposure and can’t perform their important duties if they are in fear of bringing COVID-19 home to their spouses and children.”

In Virginia, Brian Shoemaker, a USP Lee corrections officer and union president, said Tuesday that the union is concerned about transfers of COVID-19-positive inmates to the prison in September. Shoemaker said that seven inmates brought to the prison since last week tested positive for COVID-19. Two positive inmates arrived last week, he said, and five more positive inmates arrived Monday night. “Institutions in the bureau are eaten up with (COVID-19) and they’re sending cases into a COVID-free prison population,” Shoemaker said.

DOJ Office of the Inspector General, Interactive Dashboards Relating to COVID-19 within the Federal Bureau of Prisons (October 1, 2020)

The Appeal, Coronavirus in jails and prisons (October 2, 2020)

F.R.Ev. 706 Report of Dr. Homer Venters, Torres v, Mulusnic, Case No. 20cv4459 (C.D.Cal, filed September 25, 2020)

Santa Maria Times, Screening shortcomings, lack of timely care identified in federal report on Lompoc prison response to COVID-19 (September 30, 2020)

Minneapolis, KTTC-TV, 70% of inmates at Waseca prison have contracted COVID-19, FMC outbreak reaches new high (October 1, 2020)

EMS1, President Trump, a get-well letter (October 2, 2020)

Voice of San Diego, Morning Report: Key Decisions Fueled COVID’s Spread in Downtown Jail (September 28, 2020)

Johnson City Press, Virginia legislators, prison staff union concerned over inmate COVID-19 cases (September 30, 2020)

– Thomas L. Root