Monday, April 19, 2021

BOP Director Grilled by Congress on COVID-19 Failures, Hints at Possible Releases

 Has DOJ  Relaxed Internal 50% Rule Requirement for CARES Release? 

 Mixed Signals Confuse Prisoners, Staff.

 

by Derek Gilna

 

            A press release by a respected prisoner advocacy organization electrified  prisoners and their families in the past week by stating the following: "We’re grateful that that the new administration heeded the widespread calls to make more people eligible for home confinement...The original criteria were too narrow. These changes will protect vulnerable people in federal prisons."

            Great news, if it is true.  There is one small problem: no official memo has been released to the public as of today, so it remains officially "Unconfirmed.".

            Despite this confusion, there is a lot of good news to report. Senate Judiciary committee members this week grilled the federal prison director on a variety of significant issues. Some of the highlights: (1. DOJ has NO  immediate plans to send thousands of inmates released to home confinement during the COVID-19 pandemic back to prison. "We're going to use good judgment and common sense and work within the law," and not "arbitrarily" disrupt peoples' lives by forcing them to return to prison.  Senators noted that only three (3) people released on home confinement have been rearrested. (2. The director confirmed that the state of emergency needed to continue CARES releases was extended by the President. (3. Senators blistered the director for continued COVID prison outbreaks and pressed him to do more to release medically-vulnerable prisoners, authority that DOJ already has.

            4. Senator Charles Grassley of Iowa noted that the notoriously opaque agency has not responded to his one-year old letter of inquiry, and chastised the agency for what he called the misinterpretation of the spirit of the First Step Act's  PATTERN program, saying that it was unduly restrictive. He promised further review of PATTERN implementation. 5. Finally, both Grassley, a Republican, and Richard Durbin, a Democrat and Chairman of the committee, presented a united, bipartisan front in holding the agency accountable.

            The non-partisan Marshall Project said that the federal prison system, "remains opaque, having failed to report (COVID) positive tests and deaths, despite being responsible for more infections than any state prison system, and has no required testing or reporting of rate of infection for guards. 'People who work in prisons are an essential part of the equation that will lead to reduced disease and less chance of renewed explosive COVID-19 outbreaks in the future,' said Brie Williams, a correctional health expert at the University of California, San Francisco (UCSF).' tps://themarshallproject.us. However, at Bryan, more than 50% of staff have refused vaccinations.

            And the deaths continue to pile up. Most recently, two prisoner died  at MCFP Springfield, and one each at Ft. Dix, FCI Talladega, FPC Florence, and FCI Oakdale.

Others, like Coleman and Tallahassee, continue to suffer new cases, and the aftereffects of having "recovered" from COVID. FMC Rochester has two new cases, as well as hundreds of prisoners still suffering the after-effects of having been infected with COVID.

            Approximately 5,800 fully vaccinated Americans — out of 66 million who received the shots — still became infected ... according to the Centers for Disease Control and Prevention in data reported Thursday. People who are older or those with compromised immune systems may not be able to launch a robust immune response to the vaccine and build up enough antibodies to ward off infections, doctors explained. www.cdc.com. www.wsj.com, 4-16-21.

            I have my own opinions regarding the adequacy of treatment for COVID. Having been forced into close contact with medical professionals for many years on behalf of friends and family, I learned to ask blunt, specific, and embarrassing (annoying?) questions regarding what they know and do not know, and came to this conclusion: doctors DO NOT have all of the answers, especially when it relates to a new disease like COVID. Although there has been much research done on COVID, much remains to be learned. The reason that the usage of the Johnson and Johnson vaccine was temporarily paused, was not that it is any more dangerous than any other vaccine, but that the CDC felt it needed at least a week to educate medical professionals to make sure that they knew how to recognize and provide the proper treatment for very rare blood clotting side effect (6 confirmed cases out of millions of doses.)  If you do not have an allergy to vaccines, take the shot if offered.  Little attention has been paid to the long-term impact of Covid-19 on people of all ages who may be called survivors but who may need long-term health care or other support. Associated Press. “It’s important for us to say we don’t know. We don’t how to care for these people in the long-term,” said Dr. Dan Fagbuyi, a pediatric emergency medicine physician in Washington, D.C., and a former member of President Barack Obama’s National Biodefense Science Board, which handled public health emergencies involving Ebola, H1N1, Anthrax and other crises. “We really have to consider that. The U.S. health system simply isn’t prepared for the task of matching resources to the vastly complex and varying needs of the patients," said Dr. Robert Klitzman, professor of psychiatry at the Joseph Mailman School of Public Health at Columbia University in New York City. “These are patients that have needs that are only going to increase, and we need to be aware of them and begin to plan for them as early as possible,” he said.www.buffalonews.com, April 21, 2021.

            Unfortunately, the built-in medical treatment limitations in the federal prison system essentially means that serious life-threatening conditions-as well as COVID-often go undiagnosed, and untreated, resulting in death. FMC Carswell recently suffered yet another death from an untreated hernia which burst.

            Prisoner stimulus checks continue to be coming in slow for many. A federal judge issued a nationwide injunction ordering the processing of these checks, requiring all prisons to cooperate in their receipt and distribution.   However, remember that paper returns take longer to process. The first payments COULD be held for past-due child support, but not the second or third.   If you got the first two payments, you should automatically get the third. However, wait a month before re-filing a 2020 1040 for the most recent payment, since many checks and payments have not yet arrived for even people on the outside. Unless you have a secure home address, get the payment sent to the lockbox, not the prison address.   Do you want that guy in the prison mailroom handling your check?

            Federal Courts continue to grant First Step sentence relief for Compassionate Release, "Stacking" convictions, and reversing denials based upon 1B1.13(2) denials. US v Aruda, 20-10245, (9th Cir. 2021) 1B remand for resentencing; US v Maumau, 20-4056, (19th Cir., 2021) "stacking" relief affirmed; US v Russell, 19-12717, (11th Cir. 2021), CR granted. I strongly suggest that you also consider filing a clemency petition-we can help.

            Be not afraid, and let not your heart be troubled.

Federal Legal Center, Derek A Gilna, JD, MARJ, Director,113 McHenry Rd., #173, Buffalo Grove, Il   60089 , and Indiana, dgilna1948@yahoo.com,  for questions in Spanish; Spanish newsletter at federallc_esp@yahoo.com, blogging at "Derek Gilna's Criminal Justice Musings and Reflections."