Letter follows previous request urging BOP to release demographic data on incarcerated people and staff impacted by COVID-19, calls on BOP to clarify how it determines eligibility for home confinement after recent events

On April 28, Andrea Circle Bear died in custody after testing positive for coronavirus weeks after giving birth to her baby while on a ventilator; on May 13, former Trump campaign chairman Paul Manafort was transferred to home confinement

WASHINGTON – U.S. Senator Amy Klobuchar (D-MN) wrote a follow-up letter to BOP Director Michael Carvajal requesting that BOP provide information on how it is determining which inmates are eligible for home confinement. On April 28, a federal inmate named Andrea Circle Bear passed away in custody just weeks after giving birth and four weeks after having tested positive for COVID-19. She was serving a 26-month sentence for a nonviolent drug offense. On May 13, President Trump’s former campaign chairman, Paul Manafort, was transferred to home confinement. He was serving an 84-month sentence at a facility that had not reported any confirmed COVID-19 cases.

In April, Klobuchar and Senator Durbin (D-IL) led a group of 14 colleagues in a letter to Bureau of Prisons (BOP) Director Michael Carvajal urging him to release system-wide demographic data in the BOP’s public reporting of the number of incarcerated people and staff impacted by COVID-19. Preliminary data collected from the general public has shown that the COVID-19 is disproportionately impacting certain populations, including racial and ethnic minorities.

“The recent tragic death of Andrea Circle Bear, a federal inmate who passed away in custody just weeks after giving birth, makes clear why the release of this information is essential. Ms. Circle Bear was 30 years old and was serving a 26-month sentence for a nonviolent drug offense. She was also pregnant and had a pre-existing medical condition, both of which made her more vulnerable to COVID-19. On March 31, she was taken to a hospital with COVID-19 symptoms, and on April 1, she gave birth to her baby while on a ventilator,” Klobuchar wrote.

“Ms. Circle Bear died on April 28 while in custody, four weeks after having tested positive for COVID-19.  Just over two weeks later, President Trump’s former campaign chairman, Paul Manafort – who was serving an 84-month sentence at a facility that had not reported any confirmed COVID-19 cases – was transferred to home confinement on May 13.”

Earlier this month, Klobuchar wrote a letter to Attorney General William Barr urging the Administration to address the rapid outbreak of COVID-19 at state prisons and jails.

In April, Klobuchar and Senator Durbin (D-IL) led a group of 14 colleagues in a letter to Bureau of Prisons (BOP) Director Michael Carvajal urging him to release system-wide demographic data in the BOP’s public reporting of the number of incarcerated people and staff impacted by COVID-19. Preliminary data collected from the general public has shown that the COVID-19 is disproportionately impacting certain populations, including racial and ethnic minorities.

Earlier in April, Klobuchar and Durbin announced that following their request, the BOP modified operations to waive phone charges for incarcerated people during the pandemic and has taken steps to ensure that communications with attorneys will remain confidential. In a letter dated April 10, the senators received a response from BOP Director Michael Carvajal that states in part, “Effective April 9, 2020, telephone calls were made free for the inmate population. Video-visiting, which is available to our female population, was also made free on that same date.”

The senators also wrote a letter urging the Administration to use new authority provided in the Coronavirus Aid, Relief, and Economic Security (CARES) Act to help incarcerated people stay in contact with families and loved ones during the pandemic.

This followed a previous request from the senators on March 20. In-person visits at federal prisons have been suspended during the COVID-19 pandemic, and prior to the BOP’s action, calls could cost up to 25 cents per minute in addition to fees charged for each call.

Klobuchar previously called on the Trump administration to release demographic data related to COVID-19. During a phone call on April 16, the President committed to releasing comprehensive demographic data. 

Full text of the letter can be found HERE and below:

Dear Director Carvajal:

I write again to urge the Bureau of Prisons (BOP) to release demographic data for federal inmates and staff impacted by the coronavirus (COVID-19)—including for inmates who have been transferred to home confinement. In light of BOP’s recent decisions on these critical matters, it is imperative that BOP release this data and clarify how it is determining which inmates are eligible to serve their sentences from their homes.

The recent tragic death of Andrea Circle Bear, a federal inmate who passed away in custody just weeks after giving birth, makes clear why the release of this information is essential. Ms. Circle Bear was 30 years old and was serving a 26-month sentence for a nonviolent drug offense. She was also pregnant and had a pre-existing medical condition, both of which made her more vulnerable to COVID-19. On March 31, she was taken to a hospital with COVID-19 symptoms, and on April 1, she gave birth to her baby while on a ventilator.  Ms. Circle Bear died on April 28 while in custody, four weeks after having tested positive for COVID-19.  Just over two weeks later, President Trump’s former campaign chairman, Paul Manafort – who was serving an 84-month sentence at a facility that had not reported any confirmed COVID-19 cases – was transferred to home confinement on May 13. 

BOP’s actions in these two cases raise serious concerns about how BOP is assessing inmates’ eligibility for home confinement and prioritizing inmates for transfer. Accordingly, I ask that BOP provide information on how it is determining which inmates are eligible for home confinement, including whether BOP considers demographic characteristics when evaluating a person’s vulnerability to COVID-19 and what factors BOP considers when prioritizing inmates for transfer to home confinement. I also reiterate my previous request that BOP release demographic data on the inmates who have been transferred to home confinement during the pandemic, as well as on federal inmates and BOP staff impacted by COVID-19. 

These actions are all the more urgent as conditions at federal prisons have continued to deteriorate in recent weeks, with BOP reporting that 2,338 federal inmates have tested positive for COVID-19 and that 57 inmates have died as a result of the virus as of May 18.  With reports suggesting that the number of cases is likely much higher than the latest reported totals and is expected to increase as BOP improves its testing capacity, swift action is imperative.

Thank you for your attention to this matter.

Sincerely, 

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