Resources – Preparing for Prison – Administrative Remedies

Administrative Remedies

The Federal Bureau of Prisons (BOP) allows inmates to challenge aspects of their confinement through the Administrative Remedy Program.

Administrative remedies start with an attempt at informal resolution of whatever the problem is. Information resolution is usually accomplished through the filing of a “BP-8” with the inmate’s counselor.

If the response to the BP-8 is unsatisfactory to the inmate, the inmate may then file a BP-9, which is submitted to the Warden. In practice, BP-9s are turned over to the same department or person the inmate’s complaint is in reference to who in turns drafts a response for the Warden’s signature. This practice makes it difficult inmates to receive impartial review of their complaints in many situations. Nonetheless, prisoners must fully complete the administrative remedy process if they intend to sue in court.

Once a response to the BP-9 has been provided, an appeal to the Regional Director on a BP-10 form must be done. Once a response from the Regional Director is received, the inmate must appeal to the BOP’s Central Office using the BP-11 form to exhaust the administrative remedy process.

It is very important to scrupulously follow all deadlines for administrative remedy submissions.

Administrative remedies are a necessary prerequisite to filing in federal court under the Prison Litigation Reform Act.

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