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Administrative Remedy Process (BP-8 to BP-11)

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Administrative Remedy Process (also known as the BP-8 through BP-11 process) is the formal grievance procedure used by inmates in Federal Bureau of Prisons (BOP) facilities to seek review of complaints related to any aspect of their confinement. Established under 28 CFR Part 542, Subpart B, the process consists of four sequential levels: informal resolution (BP-8), initial filing at the institution (BP-9), appeal to the Regional Office (BP-10), and final appeal to the Central Office in Washington, D.C. (BP-11). The program is designed to resolve issues internally before inmates may file suit in federal court, and exhaustion of administrative remedies is mandatory under the Prison Litigation Reform Act of 1995 (PLRA) for nearly all claims.

The BOP processes approximately 35,000–40,000 formal administrative remedy requests and appeals annually. Strict filing deadlines apply at each level, and failure to follow procedure or meet deadlines generally results in rejection. Sensitive complaints alleging staff misconduct or immediate danger may bypass lower levels and be filed directly with the Regional or Central Office.[1][2]

Summary

The Administrative Remedy Process provides a structured mechanism for inmates to challenge institution decisions, conditions, staff actions, or policy application. The four levels are:

  • Informal Resolution (BP-8) – Attempted resolution with unit staff; required before filing a formal BP-9.
  • BP-9 – Formal request filed with the Warden within 20 calendar days of the incident.
  • BP-10 – Appeal to the Regional Director within 20 days of the Warden's signed response.
  • BP-11 – Final appeal to the Office of General Counsel (Central Office) within 30 days of the Regional Director's signed response.

Extensions may be granted for valid reasons (e.g., transfer, medical issues), but must be requested in writing. Remedies available include policy changes, monetary compensation (rare), transfer, or restoration of lost privileges. The average processing time from BP-9 to final BP-11 response is 90–180 days, though sensitive or emergency filings receive expedited handling.

Rejections for procedural errors are common and do not count toward exhaustion under the PLRA. Inmates must receive a receipt (or "pink copy") at each level to prove filing.[3]

History

The BOP established a formal administrative remedy program in 1973. The current four-tier structure was codified in regulations in 1983 and revised significantly in 1990 and again in 2002 to comply with the PLRA's exhaustion requirement.

Program Statement 1330.18, issued January 6, 2014, replaced earlier versions and incorporated electronic filing options via TRULINCS terminals where available. Minor updates in 2020–2023 clarified sensitive remedy procedures and added COVID-related extension guidance.

The Supreme Court's decision in Woodford v. Ngo (2006) reinforced that inmates must "properly" exhaust by complying with all deadlines and procedural rules, leading to increased rejection rates for technical violations.

Step-by-Step Process

Informal Resolution (BP-8)

Inmates must first attempt to resolve the issue informally with unit team staff using form BP-8 (also called "Cop-Out"). Staff have up to 10 days to respond. No formal remedy may be filed without documented attempt at informal resolution unless the issue is sensitive.

BP-9 – Institution Level

Filed with the Warden using form BP-9 within 20 calendar days of the incident (or discovery of injury). The Warden has 20 calendar days to respond (40 with extension). Most BP-9s are rejected for procedural reasons or denied on the merits.

BP-10 – Regional Appeal

Filed with the appropriate Regional Director within 20 calendar days of the Warden's signed response. The Regional Director has 30 calendar days to respond (50 with extension).

BP-11 – Central Office Appeal

Filed with the Office of General Counsel in Washington, D.C., within 30 calendar days of the Regional Director's signed response. The Central Office has 40 calendar days to respond (60 with extension). Receipt of a BP-11 response (or expiration of the response period) completes exhaustion for PLRA purposes.

Sensitive and Emergency Remedies

If the complaint involves sexual abuse, staff misconduct, or immediate danger, the inmate may file a "sensitive" BP-9 or BP-10 directly with the Regional Director or Central Office. The receiving office determines whether the sensitive designation is warranted; if rejected, the remedy is returned with instructions to file at the institution level.

Common Rejection Codes

  • Filed at wrong level
  • Insufficient informal resolution
  • Exceeds page limits (one page continuation allowed)
  • Missing signature or register number
  • Submitted after deadline without valid extension request

Terminology

  • BP-8 – Informal resolution request ("Cop-Out")
  • BP-9 – Formal remedy request to Warden
  • BP-10 – Regional appeal
  • BP-11 – Central Office appeal
  • Sensitive Remedy – Direct filing bypassing institution level for safety or misconduct issues
  • Exhaustion – Completion of all required remedy levels; prerequisite for federal court filing under PLRA
  • Rejection Notice – Response denying remedy for procedural errors (does not address merits)

References

  1. ↑ https://www.bop.gov/policy/progstat/1330_018.pdf Program Statement 1330.18, Administrative Remedy Program, January 6, 2014
  2. ↑ https://www.ecfr.gov/current/title-28/chapter-V/part-542/subpart-B 28 CFR Part 542, Subpart B – Administrative Remedy (current as of November 2025)
  3. ↑ https://www.bop.gov/inmates/custody_and_care/docs/administrative_remedy_procedures.pdf BOP Administrative Remedy Procedures Guide for Inmates (2023)


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