Ex-state Senate Majority Leader Atkinson released early from prison

Kelvin Atkinson, the former state Senate majority leader who resigned from office, pleaded guilty to misusing campaign funds and was sentenced to 27 months in federal prison last year, has won compassionate release because of his “unique susceptibility” to COVID-19 infection.

A federal judge ordered Atkinson’s release Friday based on the former lawmaker’s request for a modified sentence. U.S. District Judge James Mahan noted that Atkinson “suffers from a severe illness that puts him at risk of contracting COVID-19 and, should he contract the virus, acutely suffering therefrom.”

The nature of Atkinson’s illness was redacted in court filings.

The disgraced Las Vegas lawmaker pleaded guilty in March 2019 to misusing at least $250,000 in campaign funds. He was sentenced to prison in July and ordered to pay a $249,000 fine. He has been serving that sentence at a federal prison in Atwater, California.

Atkinson, in his filing for compassionate release, said no one at the prison “has given him cleaning products” or disinfectant, that prison staff are not “making rounds to disinfect or take inmates’ temperatures to see if anyone has a fever” and that “social distancing practices are not being adhered to.”

The judge cited those conditions in granting Atkinson’s motion, finding that he had “exhausted his administrative remedies” within the prison by contacting the warden but getting “a generic response that did not indicate any action” was being taken.

Sentence modification “is necessary on the facts of his case because he indisputably has a preexisting medical condition that makes him particularly susceptible to COVID-19,” Mahan ruled.

The decision commutes Atkinson’s prison sentence to time served, but he will serve the rest of his sentence confined to his home, except for medical necessities or activities approved by his probation officer or the court. Because of COVID-19 concerns, the judge suspended work and community service requirements, but Atkinson will still be on probation for three years following completion of his sentence.

Atkinson was ordered released within 72 hours, to be picked up by a family member “to decrease possible exposure” to COVID-19, and must self-quarantine at home for an additional 14-day period.

Contact Capital Bureau reporter Bill Dentzer at bdentzer@reviewjournal.com. Follow @DentzerNews on Twitter.