Administrative Remedy Program

PS 1330.18 (1/6/2014) · Official PDF on bop.gov →

The BOP's official complaint system, the thing people mean when they say "file a BP-9." It's the paper trail for everything from bad medical care to a bogus shot, and the deadlines are short and unforgiving. Learn it before something goes wrong, because the 20-day clock doesn't pause while you figure out the forms. And if a problem might ever see a courtroom, running this ladder all the way up is usually the price of admission.

SECTION 1: PURPOSE AND SCOPE §542.10 (EXCERPT)

a. Purpose. The purpose of the Administrative Remedy Program is to allow an inmate to seek formal review of an issue relating to any aspect of his/her own confinement. An inmate may not submit a Request or Appeal on behalf of another inmate. Inmates seeking a formal review of issues relating to sexual abuse should use the regulations promulgated by the Department of Justice under the Prison Rape Elimination Act, 42 U.S.C. § 15606, et seq. These procedures are provided in Section 16 of this Program Statement.

b. Scope. This Program applies to all inmates in institutions operated by the Bureau of Prisons, to inmates designated to contract Community Corrections Centers (CCCs) under Bureau of Prisons responsibility, and to former inmates for issues that arose during their confinement. This Program does not apply to inmates confined in other non-federal facilities. The president of a recognized inmate organization may submit a request on behalf of that organization regarding an issue that specifically affects that organization.

c. Statutorily-mandated Procedures. There are statutorily-mandated procedures in place for Tort claims (28 CFR 543, subpart C), Inmate Accident Compensation claims (28 CFR 301), and Freedom of Information Act or Privacy Act requests (28 CFR 513, subpart D). If an inmate raises an issue in a request or appeal that cannot be resolved through the Administrative Remedy Program, the Bureau will refer the inmate to the appropriate statutorily-mandated procedures.

SECTION 7: INFORMAL RESOLUTION §542.13 (EXCERPT)

a. Informal Resolution. Except as provided in §542.13(b), an inmate shall first present an issue of concern informally to staff, and staff shall attempt to informally resolve the issue before an inmate submits a Request for Administrative Remedy. Each warden shall establish procedures to allow for the informal resolution of inmate complaints. The Warden is responsible for ensuring that effective informal resolution procedures are in place and that good faith attempts at informal resolution are made in an orderly and timely manner by both inmates and staff. These procedures may not operate to limit inmate access to formal filing of a Request.

b. Exceptions. Inmates in CCCs are not required to attempt informal resolution. An informal resolution attempt is not required prior to submission to the regional or Central Office as provided for in §542.14(d) of this part. An informal resolution attempt may be waived in individual cases at the Warden or institution Administrative Remedy Coordinator’s discretion when the inmate demonstrates an acceptable reason for bypassing informal resolution. For example, the Warden may waive informal resolution for Unit Discipline Committee (UDC) appeals, or when informal resolution is deemed inappropriate due to the issue's sensitivity. Although not mandatory, inmates may attempt informal resolution of DHO decisions. See the Program Statement Inmate Discipline Program.

SECTION 8: INITIAL FILING §542.14 (EXCERPT)

a. Submission. The deadline for completion of informal resolution and submission of a formal written Administrative Remedy Request, on the appropriate form (BP-9), is 20 calendar days following the date on which the basis for the Request occurred. In accord with the settlement in Washington v. Reno, and for such period of time as this settlement remains in effect, the deadline for completing informal resolution and submitting a formal written Administrative Remedy Request, on the appropriate form (BP-9) (BP-229), for a disputed telephone charge, credit, or telephone service problem for which the inmate requests reimbursement to his/her telephone account, is 120 days from the date of the disputed telephone charge, credit, or telephone service problem. Administrative Remedy Requests concerning telephone issues that do not involve billing disputes or requests for refunds for telephone service problems (such as Administrative Remedy Requests concerning telephone privileges, telephone lists, or telephone access) are governed by the 20-day filing deadline.

b. Extension. Where the inmate demonstrates a valid reason for delay, an extension in filing time may be allowed. In general, valid reason for delay means a situation which prevented the inmate from submitting the request within the established time frame. Valid reasons for delay include the following: an extended period in-transit during which the inmate was separated from documents needed to prepare the Request or Appeal; an extended period of time during which the inmate was physically incapable of preparing a Request or Appeal; an unusually long period taken for informal resolution attempts; indication by an inmate, verified by staff, that a response to the inmate’s request for copies of dispositions requested under §542.19 of this part was delayed. Ordinarily, the inmate should submit written verification from staff for any claimed reason for delay. If an inmate requests an Administrative Remedy form but has not attempted informal resolution, staff should counsel the inmate that informal resolution is ordinarily required. If the inmate nevertheless refuses to present a request informally, staff should provide the form for a formal Request. Upon receipt of the inmate’s submission, the Coordinator shall accept the Request if, in the Coordinator's discretion, informal resolution was bypassed for valid reasons, or may reject it if there are no valid reasons for bypassing informal resolution.

c. Form (1) The inmate shall obtain the appropriate form from CCC staff or institution staff (ordinarily, the correctional counselor). The following forms are appropriate: ■ Request for Administrative Remedy, Form BP-9 (BP-229), is appropriate for filing at the institution. ■ Regional Administrative Remedy Appeal, Form BP-10 (BP-230), is appropriate for submitting an appeal to the regional office. ■ Central Office Administrative Remedy Appeal, Form BP-11 (BP-231), is appropriate for submitting an appeal to the Central Office. (2) The inmate shall place a single complaint or a reasonable number of closely related issues on the form. If the inmate includes on a single form multiple unrelated issues, the submission shall be rejected and returned without response, and the inmate shall be advised to use a separate form for each unrelated issue. For DHO and UDC appeals, each separate incident report number must be appealed on a separate form. Placing a single issue or closely related issues on a single form facilitates indexing, and promotes efficient, timely and comprehensive attention to the issues raised.

(3) The inmate shall complete the form with all requested identifying information and shall state the complaint in the space provided on the form. If more space is needed, the inmate may use up to one letter-size (8 1/2" by 11") continuation page. The inmate must provide an additional copy of any continuation page. The inmate must submit one copy of supporting exhibits. Exhibits will not be returned with the response. Because copies of exhibits must be filed for any appeal (see § 542.15 (b) (3)), the inmate is encouraged to retain a copy of all exhibits for his or her personal records. (4) The inmate shall date and sign the Request and submit it to the institution staff member designated to receive such Requests (ordinarily a correctional counselor). CCC inmates may mail their Requests to the CCM.

d. Exceptions to Initial Filing at Institution (1) Sensitive Issues. If the inmate reasonably believes the issue is sensitive and the inmate’s safety or well-being would be placed in danger if the Request became known at the institution, the inmate may submit the Request directly to the appropriate Regional Director. The inmate shall clearly mark “Sensitive” upon the Request and explain, in writing, the reason for not submitting the Request at the institution. If the Regional Administrative Remedy Coordinator agrees that the Request is sensitive, the Request shall be accepted. Otherwise, the Request will not be accepted, and the inmate shall be advised in writing of that determination, without a return of the Request. The inmate may pursue the matter by submitting an Administrative Remedy Request locally to the Warden. The Warden shall allow a reasonable extension of time for such a resubmission. (2) DHO Appeals. DHO appeals shall be submitted initially to the Regional Director for the region where the inmate is currently located. See the Program Statement Inmate Discipline Program. (3) Control Unit Appeals. Appeals related to Executive Panel Reviews of Control Unit placement shall be submitted directly to the General Counsel. See the Program Statement Control Unit Programs. (4) Controlled Housing Status Appeals. Appeals related to the Regional Director’s review of controlled housing status placement may be filed directly with the General Counsel. See the Program Statement Procedures for Handling HIV Positive Inmates Who Pose Danger to Other.

SECTION 9: APPEALS § 542.15 (EXCERPT)

a. Submission. An inmate who is not satisfied with the Warden’s response may submit an Appeal on the appropriate form (BP-10) to the appropriate Regional Director within 20 calendar days of the date the Warden signed the response. An inmate who is not satisfied with the Regional Director’s response may submit an Appeal on the appropriate form (BP-11) to the General Counsel within 30 calendar days of the date the Regional Director signed the response. When the inmate demonstrates a valid reason for delay, these time limits may be extended. Valid reasons for delay include those situations described in §542.14(b) of this part. Appeal to the General Counsel is the final administrative appeal. These deadlines specify the date of the Appeal’s receipt in the regional office or the Central Office. The deadlines have been made deliberately long to allow sufficient mail time. Inmates should mail their Appeals promptly after receiving a response to ensure timely receipt. Ordinarily, the inmate must submit written verification from institution staff for any reason for delay that cannot be verified through SENTRY. In many cases, courts require a proper Appeal to the General Counsel before an inmate may pursue the complaint in court.

b. Form (1) Appeals to the Regional Director shall be submitted on the form designed for regional Appeals (BP-10) and accompanied by one complete copy or duplicate original of the institution Request and response. Appeals to the General Counsel shall be submitted on the form designed for Central Office Appeals (BP-11) and accompanied by one complete copy or duplicate original of the institution and regional filings and their responses. Appeals shall state specifically the reason for appeal. (2) An inmate may not raise in an Appeal issues not raised in the lower level filings. An inmate may not combine Appeals of separate lower level responses (different case numbers) into a single Appeal. (3) An inmate shall complete the appropriate form with all requested identifying information and shall state the reasons for the Appeal in the space provided on the form. If more space is needed, the inmate may use up to one letter-size (8 1/2" x 11") continuation page. The inmate shall provide two additional copies of any continuation page and exhibits with the regional Appeal, and three additional copies with an Appeal to the Central Office (the inmate is also to provide copies of exhibits used at the prior level(s) of appeal). The inmate shall date and sign the Appeal and mail it to the appropriate Regional Director, if a Regional Appeal, or to the National Inmate Appeals Administrator, Office of General Counsel, if a Central Office Appeal (see 28 CFR part 503 for addresses of the Central Office and Regional Offices).

SECTION 10: ASSISTANCE §542.16 (EXCERPT)

a. An inmate may obtain assistance from another inmate or from institution staff in preparing a Request or an Appeal. An inmate may also obtain assistance from outside sources, such as family members or attorneys. However, no person may submit a Request or Appeal on the inmate's behalf, and obtaining assistance will not be considered a valid reason for exceeding a time limit for submission unless the delay was caused by staff.

b. Wardens shall ensure that assistance is available for inmates who are illiterate, disabled, or who are not functionally literate in English. Such assistance includes provision of reasonable accommodation in order for an inmate with a disability to prepare and process a Request or an Appeal. For example, Wardens must ensure that staff (ordinarily unit staff) provide assistance in the preparation or submission of an Administrative Remedy or an Appeal upon being contacted by such inmates that they are experiencing a problem.

SECTION 11: RESUBMISSION §542.17 (EXCERPT)

a. Rejections. The Coordinator at any level (CCM, institution, region, Central Office) may reject and return to the inmate without response a Request or an Appeal that is written by an inmate in a manner that is obscene or abusive, or does not meet any other requirement of this part.

b. Notice. When a submission is rejected, the inmate shall be provided a written notice, signed by the Administrative Remedy Coordinator, explaining the reason for rejection. If the defect on which the rejection is based is correctable, the notice shall inform the inmate of a reasonable time extension within which to correct the defect and resubmit the Request or Appeal. (1) Sensitive Submissions. Submissions for inmate claims which are too sensitive to be made known at the institution are not to be returned to the inmate. Only a rejection notice will be provided to the inmate. However, other rejected submissions ordinarily will be returned to the inmate with the rejection notice. (2) Defects. Defects such as failure to sign a submission, failure to submit the required copies of a Request, Appeal, or attachments, or failure to enclose the required single copy of lower level submissions are examples of correctable defects. Ordinarily, five calendar days from the date of the notice to the inmate is reasonable for resubmission at the institution level; at least 10 calendar days at the CCM or regional offices; and 15 calendar days at the Central Office. (3) Criteria for Rejection. When deciding whether to reject a submission, Coordinators, especially at the institution level, should be flexible, keeping in mind that major purposes of this Program are to solve problems and be responsive to issues inmates raise. Thus, for example, consideration should be given to accepting a Request or Appeal that raises a sensitive or problematic issue, such as medical treatment, sentence computation, or staff misconduct, even though that submission may be somewhat untimely.

SECTION 12: RESPONSE TIME §542.18 (EXCERPT)

If accepted, a Request or Appeal is considered filed on the date it is logged into the Administrative Remedy Index as received. Once filed, response shall be made by the Warden or CCM within 20 calendar days; by the Regional Director within 30 calendar days; and by the General Counsel within 40 calendar days. If the Request is determined to be of an emergency nature which threatens the inmate’s immediate health or welfare, the Warden shall respond not later than the third calendar day after filing. If the time period for response to a Request or Appeal is insufficient to make an appropriate decision, the time for response may be extended once by 20 days at the institution level, 30 days at the regional level, or 20 days at the Central Office level. Staff shall inform the inmate of this extension in writing. Staff shall respond in writing to all filed Requests or Appeals. If the inmate does not receive a response within the time allotted for reply, including extension, the inmate may consider the absence of a response to be a denial at that level. The date a Request or an Appeal is received in the Administrative Remedy index is entered into SENTRY as the “Date Rcv”, and should be the date it is first received and date-stamped in the Administrative Remedy Clerk’s office. Notice of extension ordinarily is made via SENTRY notice.

SECTION 16: ADMINISTRATIVE REMEDY PROCEDURES UNDER THE PRISON RAPE ELIMINATION ACT (PREA) (EXCERPT)

(f)(1) The agency shall establish procedures for the filing of an emergency grievance where an inmate is subject to a substantial risk of imminent sexual abuse. This section applies when an administrative remedy alleges a substantial risk of imminent sexual abuse. If a remedy meets both of these criteria, the remedy will receive expedited processing, as described below. Section 12 of this Program Statement provides for an “emergency” administrative remedy as required by section 115.52(f). An expedited BP-9 (BP-229) response shall be provided if a remedy is determined to be of an emergency nature which threatens the inmate's immediate health or welfare. See 28 C.F.R. § 542.18. The inmate shall clearly mark “Emergency” on the BP-9 (BP-229), and explain, in writing, the reason for filing as an emergency administrative remedy under this section. If an inmate files an emergency administrative remedy with the Warden, the local Administrative Remedy Coordinator shall make a determination as to whether the remedy alleges a substantial risk of imminent sexual abuse. If the local Administrative Remedy Coordinator agrees that the administrative remedy meets the criteria for an emergency administrative remedy, the request shall be accepted, and receive expedited processing as stated below. If the remedy is rejected for failing to meet the criteria of an emergency grievance under this section, a rejection notice will be provided to the inmate, and the remedy will be processed in accordance with the usual time frames indicated above.

(2) After receiving an emergency grievance alleging an inmate is subject to a substantial risk of imminent sexual abuse, the agency shall immediately forward the grievance (or any portion thereof that alleges the substantial risk of imminent sexual abuse) to a level of review at which immediate corrective action may be taken, shall provide an initial response within 48 hours, and shall issue a final agency decision within five calendar days. The initial response and final agency decision shall document the agency’s determination whether the inmate is in substantial risk of imminent sexual abuse and the action taken in response to the emergency grievance. If an inmate files the emergency grievance with the institution under Section 12 of this Program Statement, above, alleging a substantial risk of imminent sexual abuse, an expedited BP-9 (BP-229) response shall be provided within 48 hours. Best efforts to provide BP-10 (BP-230) and BP-11 (BP-231) responses within five calendar days should also be made in accordance with the provisions on exhaustion referenced above. If the inmate does not receive a response within the time allotted for reply, the inmate may consider the absence of a response to be a denial at that level. Inmates may also file “sensitive” administrative remedies under Section 8 of this Program Statement, above, regarding allegations of sexual abuse. If an inmate reasonably believes the issue is sensitive and the inmate’s safety or well-being would be placed in danger if the remedy became known at the institution, the inmate may submit the remedy directly to the appropriate Regional Director. See 28 C.F.R. § 542.14 (d) (1). “Sensitive” grievances should be processed in accordance with Section 8 and Section 11 of this Program Statement, and the expedited response times specified in this section do not apply.

(g) The agency may discipline an inmate for filing a grievance related to alleged sexual abuse only where the agency demonstrates that the inmate filed the grievance in bad faith. The maintenance of an effective sexual abuse prevention policy, and general secure and orderly running of an institution, requires that inmates be held responsible for manipulative behavior and false allegations. Allegations of false reports will be considered by staff in accordance with the procedures and standards of the Inmate Discipline Program policy.

Source: PS 1330.18 (1/6/2014), bop.gov/policy/progstat/1330_018.pdf. U.S. government work, public domain. Excerpts only; the official PDF controls.

This is the official complaint system. If something about your confinement is wrong (medical care, a lost property claim, a disciplinary call, sentence computation, staff conduct), this is how you formally challenge it and create a paper trail. Two ground rules up front: you can only file about your own situation, not someone else's, and the whole thing has strict deadlines that people blow constantly. Learn it early.

The system covers you in a regular prison, in a halfway house, and even after release for things that happened while you were in. If you got out and there's an unresolved issue from inside, you may still be able to file. It does not cover people held in non-federal facilities.

Step one is informal. Before you file the paperwork, you're supposed to try to work it out with staff first. This is the BP-8, the informal resolution attempt, usually handled through your counselor. Skipping it can get your formal request bounced, so do it and keep proof you did.

The informal step can be skipped in certain cases, like appealing a disciplinary decision or when the issue is too sensitive to raise quietly. Don't assume you qualify for a skip, but know it exists.

Here's the clock that trips everyone up: you have 20 calendar days from when the problem happened to finish the informal step AND file the formal complaint (the BP-9). That's not a lot of time. If something goes wrong, start the process immediately, don't sit on it. Miss the 20 days without a valid excuse and your complaint can be rejected as untimely.

One exception to the 20-day rule: if you're disputing a phone charge and want money credited back to your phone account, you get 120 days instead of 20. But this longer window is only for billing refunds. Complaints about phone privileges, phone lists, or phone access still run on the normal 20-day clock.

If you missed a deadline for a real reason, being in transit and cut off from your paperwork, being physically unable to write, they can grant an extension. But you ordinarily need staff to put the reason in writing to back you up. 'I forgot' or 'I didn't know' won't cut it.

The whole ladder, in order: informal attempt (BP-8), then the formal complaint to the warden (BP-9), then appeal to the regional office (BP-10), then final appeal to the Central Office / General Counsel (BP-11). People inside talk about 'filing a BP-9' or 'taking it to the BP-11.' This is what they mean. Each rung is a different form and a different office.

One issue per form. If you cram several unrelated complaints onto a single form, the whole thing gets kicked back unanswered. Separate problems need separate filings. This is a common reason submissions get bounced on a technicality.

Keep copies of everything. Whatever documents you attach don't come back to you, and you'll need them again if you appeal to the next level. Never send your only copy. Photocopy your whole filing before it leaves your hands.

If filing locally would put you in danger (say the complaint is about staff and you fear retaliation), you can skip the prison and send it straight to the Regional Director, marked 'Sensitive.' If the region agrees it's sensitive, they take it. If they don't, they won't return it, they'll just tell you to file it at the prison instead. This is a real safety valve, but it's judged case by case.

The appeal deadlines: 20 days to appeal the warden's answer up to the region (BP-10), then 30 days to appeal the region's answer up to the Central Office (BP-11). The Central Office is the top, that's as far as it goes inside the Bureau. Each level's clock starts on the date the response was signed, so watch those dates.

This is the reason the whole thing matters beyond the prison. Before you can take most issues to federal court, the law usually requires you to have run them all the way through this system first, this is called 'exhausting your remedies.' If you skip steps or miss deadlines here, you can lose your ability to sue over it later. That legal consequence is exactly why families should make sure someone inside doesn't let these clocks run out. Not legal advice, but if court is even a possibility, this paperwork is the foundation.

You can't spring a new argument at the appeal stage. Whatever you want considered up top has to have been raised at the bottom first. So put your full case in the BP-9, don't hold anything back thinking you'll add it on appeal. You can't.

Someone can help you write it, another inmate, staff, your family, your lawyer, but you have to be the one who actually files it. Family can absolutely help draft and strategize from the outside; they just can't submit it for you. And getting help isn't an excuse for missing a deadline unless staff caused the delay.

If someone can't read and write well, doesn't speak English well, or has a disability, the prison has to help them file. Nobody is supposed to lose access to this system because they can't fill out the form on their own. If a loved one is in that spot, they're entitled to help and you can push for it.

Keep it clean and keep it correct. A filing that's obscene, abusive, or that breaks the formatting rules gets rejected without an answer. Venting your anger into the form feels good and accomplishes nothing except a bounce. Write it flat and factual.

A rejection isn't always the end. If the problem is fixable, forgot to sign it, didn't include enough copies, they tell you what's wrong and give you a short window to fix it and resend. So read the rejection notice carefully; it usually tells you exactly how to save the filing.

They're on the clock too: 20 days for the warden to answer, 30 for the region, 40 for the Central Office (each can extend once). The important part: if they blow past the deadline and don't answer, silence counts as a denial. You don't wait forever, you treat no-answer as a 'no' and move to the next level. This keeps them from running out the clock on you.

For a threat of imminent sexual abuse, there's an emergency track that moves fast, an initial response within 48 hours and a final decision within five days, and it can be filed without going through the staff member the complaint is about. Third parties, including family and attorneys, are allowed to help file these and even file on the inmate's behalf. If someone inside is in danger, this is the fastest formal channel, and it's separate from the normal grievance timeline.

You generally can't be punished just for filing a sexual-abuse grievance. The only exception is if the Bureau can prove you filed it in bad faith (knowingly false). Fear of getting written up shouldn't stop a genuine complaint.

Need help with this? Just ask.

These pages cover the general rules. Your situation has details they don't. Email me a question. Answers are free, and "you don't need to pay anyone for this" is my most common answer.

josh@federalprisondude.com

I answer in the order received, usually within a couple of days. I have a day job. If your situation genuinely needs more than an email, I take a limited number of consults, so say so and we'll work it out.

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