A judge has ordered the release or transfer of hundreds of elderly and vulnerable inmates at a federal prison in Ohio that has seen a particularly deadly and widespread outbreak of the coronavirus.
Although federal courts have been flooded in recent days with release and resentencing requests in individual cases, the ruling Wednesday from U.S. District Court Judge James Gwin appeared to be the first that could lead to a group release of federal convicts as a result of the ongoing Covid-19 pandemic.
Gwin said he needed to act because efforts to combat the virus at the Elkton prison in Lisbon, Ohio, were failing. Six inmates there infected with the virus have died in recent weeks, with 52 inmates confirmed infected and 48 staff — the highest number of staff infections of any federal prison in the country.
But with fewer than 100 of the 2,400 inmates at Elkton tested, the actual infection rate could be much higher, the judge said, calling the lack of testing at the prison a “debacle” — especially compared with a nearby state prison that has conducted thousands of tests.
“Despite their efforts, the Elkton officials fight a losing battle. A losing battle for staff. A losing battle for inmates,” wrote Gwin, an appointee of President Bill Clinton.
The decision from the Cleveland-based Gwin came the same day a federal judge in Louisiana rejected a similar class-action, habeas corpus case brought on behalf of prisoners at a hard-hit federal prison complex in Oakdale, La.
U.S. District Court Judge Terry Doughty said federal statutes and legal precedents foreclosed the court from offering the same relief Gwin granted.
Doughty, an appointee of President Donald Trump, also sounded disinclined to second guess the decisions of the Bureau of Prisons.
“Such a designation and/or classification falls squarely within BOP’s authority and outside the purview of this Court,” Doughty wrote. “To rule otherwise would make this Court a de facto ‘super’ warden of Oakdale.”
Oakdale is suffering from the deadliest Covid-19 outbreak in the federal prison system, with seven inmates having expired. Federal statistics show 21 prisoners and 22 staffers there confirmed as infected.
Systemwide, 566 federal inmates and 342 staff are confirmed infected with the virus, while 24 inmates diagnosed with the illness have died, according to an official tally. Those numbers are believed to be low due to very limited testing. The Bureau of Prisons says 1,440 inmates have been moved to home confinement since Attorney General William Barr blessed that last month as a method to limit spread and impact of the virus.
In his 21-page opinion, Gwin emphasized that he was not ordering a mass release of inmates at Elkton, but that prison officials determine which vulnerable inmates are eligible for various programs that would get them out of the facility, such as compassionate release, home confinement, parole or furlough. Vulnerable inmates deemed ineligible would have to be transferred to another prison, the judge said. A 14-day quarantine for prisoners set for release or transfer would continue, the judge said.
Gwin’s order covered Elkton prisoners who are over 65 or have “documented” medical conditions, including severe obesity. He declined to add ex-smokers to the list.
Federal prosecutors fought both cases, warning that mass releases could endanger public safety, but Gwin said he wasn’t persuaded.
“Petitioners do not ask this Court to throw open the gates to the prison and leave the inmates that are released to fend for themselves,” the judge wrote. “No one’s interest would be served in doing so. The Court is confident that the transfer of prisoners from Elkton to other means of confinement could accomplish the goal of protecting Elkton’s vulnerable population while also protecting public safety.”
Justice Department spokespeople did not immediately respond to requests for comment on Gwin's ruling, which could be appealed.
However, a lawyer with one of the groups representing the Elkton inmates hailed the decision.
“Countless lives will be saved as a result of this order," said David Carey of the American Civil Liberties Union's Ohio chapter. "Even since we filed our class action, the death toll at Elkton has doubled. Judge Gwin was absolutely correct in recognizing the dire situation at Elkton, and we are eager to assist and facilitate the release of the members of the medically vulnerable class."
The conflicting court rulings Wednesday came amid confusing edicts, actions and statements this week from federal prison officials and Justice Department headquarters about the effort to lower the federal prison population and protect at-risk inmates as well as staff.
On Monday, numerous prisoners across the country who had been put into pre-release quarantine were told they’d been deemed ineligible to be sent home after guidance abruptly shifted to exclude inmates who had not yet served half of their sentences. However, after a POLITICO report on the reversal Tuesday, the Justice Department appeared to reverse course yet again and insisted that such inmates could be considered for release.
The flip-flops disappointed and enraged inmates and their families. Some had received visits from probation officials to confirm that convicts’ home settings were acceptable. Other inmates had already booked travel to get home.
A statement the Bureau of Prisons sent to Congress on Wednesday expressed regret over the lack of clarity involving inmates with more than half their sentences remaining.
“These individuals were informed prematurely that they were Home Confinement eligible, and we regret any confusion that may have caused,” said the statement, obtained by POLITICO. The bureau's explanation went on to indicate that, despite what many inmates were told Monday, some in that group were still being considered to be sent home.
“Because they are outside of the original criteria, each case is being individually reviewed for Home Confinement by a multi-disciplinary team comprised of Bureau Headquarters leadership. These reviews will be completed within the next 10 business days, and each of these individuals will be provided information regarding their Home Confinement status,” prison officials said.
Despite the apparent reversals this week, Justice Department lawyers handling a flood of lawsuits, release and resentencing motions in courts across the country continued to submit court filings saying the 50 percent threshold remained in place.
On Wednesday, lawyers from the U.S. attorney’s office in Boston urged a judge there to dismiss a class-action habeas corpus petition filed by inmates at the Federal Medical Center at the former Fort Devens in Massachusetts. The center, which includes a unit that handles prisoners suffering from Alzheimer’s disease and similar disorders, has yet to report a staff or inmate infection.
The response listed specific inmates deemed “ineligible” for home confinement due to the 50 percent rule.
Given the ongoing confusion, some prosecutors seemed reluctant to be pinned down about precisely which inmates are eligible for home confinement or other release.
A federal prosecutor in Manhattan who told a judge Friday that an inmate was approved for release, then told the court Monday that decision had been reversed, demurred Wednesday despite the judge’s order to explain the backpedaling and submit an affidavit from the Bureau of Prisons detailing the change.
“Since the Court issued its order, the Government has been in communication with the Office of the Deputy Attorney General and multiple counsel at the Bureau of Prisons in an effort to collect complete and accurate information in response to the Court’s order,” Assistant U.S. Attorney Olga Zverovich wrote.
Despite the high-level contacts, Zverovich's letter cited “ongoing uncertainty surrounding the home-confinement eligibility criteria at various BOP facilities.” Shortly after a 5 p.m. deadline Wednesday that U.S. District Court Judge Ronnie Abrams had set for the detailed explanation, the prosecutor asked for a 24-hour extension.
Abrams had not responded to the request by late Wednesday night.
"some" - Google News
April 23, 2020 at 10:58AM
https://ift.tt/2Kqt6X9
Judge orders transfer or release for some inmates at virus-wracked Ohio federal prison - POLITICO
"some" - Google News
https://ift.tt/37fuoxP
Shoes Man Tutorial
Pos News Update
Meme Update
Korean Entertainment News
Japan News Update
Bagikan Berita Ini
0 Response to "Judge orders transfer or release for some inmates at virus-wracked Ohio federal prison - POLITICO"
Post a Comment