At a Glance
- The Administrative Remedy Program is the Bureau of Prisons’ formal grievance system, created by 28 C.F.R. §§ 542.10–542.19 and Program Statement 1330.18.
- Most complaints about conditions of confinement must be taken through BP-8, BP-9, BP-10, and BP-11 before a federal lawsuit is even possible.
- Strict deadlines apply at every stage, measured in days — not months.
- If you skip steps or miss deadlines, courts can dismiss your case for “failure to exhaust administrative remedies.”
- Prison Law Firm helps prisoners, families, and lawyers plan, file, and appeal remedies to protect rights and build a strong record.
Contact Prison Law Firm for a free consultation if you or a loved one needs help with a BOP administrative remedy or appeal.
What Is the BOP Administrative Remedy Program?
The Bureau of Prisons (BOP) Administrative Remedy Program is the official process federal prisoners use to request review of almost any issue related to their confinement — housing, medical care, disciplinary sanctions, program eligibility, safety concerns, and more. It is meant to give the BOP a chance to correct problems internally before the courts get involved.
Under federal law, including the Prison Litigation Reform Act (PLRA), a prisoner usually must “exhaust” this process before filing a lawsuit about prison conditions. That means completing all required steps — not just starting the process or filing one form. Skipping levels or missing deadlines can give the government a powerful argument to have your case dismissed.
The challenge is that the system is technical, deadline-driven, and often confusing by design. Forms are short, responses can be delayed or ignored, and staff may not explain the rules. That is where experienced guidance can make a difference.
Deadlines and Exhaustion: Why Remedies Matter
Time limits in the BOP remedy process are tight. As a general rule, an inmate has 20 calendar days from the date of the incident to start the process at the institution level. Different regulations and program statements control exactly how those days are counted, but the key takeaway is simple: if you wait too long, your request can be rejected as untimely.
At each appeal level, the BOP also has its own deadlines to respond. If they do not answer on time, you can usually treat the silence as a denial and move to the next level. Keeping copies, logging dates, and knowing when you can advance to the next step are critical to protecting your rights and preserving your ability to go to court later.
Prison Law Firm helps clients track these deadlines, document attempts to resolve issues, and frame requests in ways that both fit BOP rules and anticipate future litigation strategy.
Step 1: BP-8 — Informal Resolution (“Cop-Out”)
The BP-8 is the informal starting point of the process. Many institutions call it a “cop-out.” You typically obtain the form from your counselor or other unit staff and briefly describe the problem and what you want done about it.
- Purpose: Give staff a chance to solve the problem before it becomes an official grievance.
- Content: Short description of the issue and the relief you are requesting. Usually one issue per form.
- Timeline: You must begin the remedy process within about 20 days of the incident, so do not sit on a problem while you think about it.
- Documentation: Keep a copy or at least write down the date, who you gave it to, and what it was about.
- If there is no response: If staff ignore or delay the BP-8, you may still be able to move on to a BP-9 and explain the lack of response.
Even though the BP-8 is considered “informal,” what you write can later be compared to your BP-9 and court filings. It is worth getting it right.
If you or your lawyer want help framing the issue from the start, contact us.
Step 2: BP-9 — Formal Request to the Warden
If the BP-8 does not resolve the issue, the next step is the BP-9 Administrative Remedy Request to the warden. This is the first formal grievance level, and it is where the official record really begins.
- Deadline: Typically must be filed within 20 days of the incident (or within the timeframe set by Program Statement 1330.18 and the regulations for your situation).
- Where it goes: Submitted through your counselor or unit team to the warden.
- What to include:
- Key facts in chronological order.
- Any relevant BOP Program Statements or regulations.
- The specific relief you are requesting (for example: restore good-time, rescind incident report, correct sentence computation, change housing, provide medical treatment).
- Attachments: You are usually allowed a limited number of continuation pages and exhibits; use them strategically.
- Warden’s response time: The warden normally has about 20 days to respond, with possible extensions under the regulations. If there is no timely response, you may treat it as a denial and move to BP-10.
The BP-9 is often where the BOP’s position is stated most clearly. A well-crafted BP-9 can make it easier to appeal later and to show a court you properly exhausted. Prison Law Firm routinely helps draft BP-9s that fit BOP rules while also preserving legal arguments for later use.
Step 3: BP-10 — Appeal to the Regional Director
If you are not satisfied with the warden’s response — or if the warden fails to respond on time — you can file a BP-10 Regional Administrative Remedy Appeal.
- Deadline: Generally 20 calendar days from the date of the warden’s response (or from the date a response was due but never arrived).
- Where it goes: The appropriate BOP Regional Office for the institution where you are housed.
- What to include:
- A concise explanation of why the warden’s decision is wrong or incomplete.
- Copies of the BP-9, the warden’s response, and supporting documents, as required.
- Any new facts or law that strengthen your position.
- Regional response time: The Regional Director typically has around 30 days to respond, with limited extensions allowed.
Regional appeals are often more formal and may be reviewed by regional counsel. The way arguments are framed here can influence whether issues are taken seriously at Central Office or in later court proceedings.
Step 4: BP-11 — Appeal to Central Office (Final Level)
The final step is the BP-11 Administrative Remedy Appeal to the BOP’s Central Office (General Counsel). This is usually the last administrative step required for exhaustion.
- Deadline: Generally 30 calendar days from the date of the Regional Director’s response (or from the date a regional response was due but not received).
- Where it goes: Central Office in Washington, D.C., following BOP mailing instructions.
- What to include:
- Clear summary of the issue, the prior decisions, and why Central Office should rule differently.
- Copies of the BP-9, BP-10, and all prior responses and exhibits, in the format the Program Statement requires.
- Central Office response time: Central Office generally has about 40 days to respond, with limited extensions allowed.
Once the BP-11 is denied or not answered within the allowed time, administrative remedies are usually considered “exhausted.” At that point, it may be possible to pursue relief in court (for example, via a 28 U.S.C. § 2241 petition, a civil rights lawsuit, or other filings, depending on the issue).
Emergency and Sensitive Remedies
In some situations — such as threats to life or health, or certain sexual abuse complaints — the BOP’s rules allow for emergency administrative remedies and faster response times. For example, an emergency BP-9 may require a much quicker decision, and PREA-related grievances have specific handling rules.
These cases are highly fact-specific. If you believe you or a loved one is in immediate danger, get help quickly. An attorney can help decide whether an emergency remedy, a direct court filing, or both are appropriate.
Common Issues Raised Through Administrative Remedies
Some of the most frequent subjects of BOP remedies include:
- Disciplinary sanctions and loss of good time.
- Incorrect sentence computation or jail credit.
- RDAP and program eligibility decisions.
- Medical care, mental health treatment, or delayed medications.
- Transfers, security designations, and housing issues.
- Access to religious services or accommodations.
- Staff misconduct or failure to protect from harm.
- First Step Act earned time credits and home confinement dates.
Each category has its own rules, policy citations, and strategic considerations. The way you frame the issue at the BP-9 stage can affect everything that follows.
How Prison Law Firm Helps With BOP Administrative Remedies
At Prison Law Firm, we focus on the issues that matter most inside and outside prison walls. We work with prisoners, their families, and their trial or appellate lawyers to navigate BOP remedies in a way that protects both short-term and long-term interests.
- Case evaluation: We review the problem, the timeline, and any prior filings to see what options remain.
- Drafting BP-9, BP-10, and BP-11 filings: We help craft clear, concise, policy-based arguments that speak the BOP’s language while preserving legal arguments for court.
- Deadline tracking: We help clients keep a timeline of filings and responses so remedies are not lost to technicalities.
- Record-building for litigation: We frame remedies with an eye toward later 2241 petitions, civil rights cases, or other post-conviction strategies.
- Support for outside counsel: We assist defense lawyers who want BOP-specific support for their clients after sentencing.
If you or a loved one is struggling with BOP decisions, disciplinary actions, or sentence calculations, contact Prison Law Firm to schedule a free consultation. We can help you understand where you are in the process, what steps remain, and how to move forward.
Frequently Asked Questions
Do I have to finish BP-8 through BP-11 before I can sue?
In most cases, yes. Federal law usually requires prisoners to complete all available administrative remedy steps before filing a lawsuit about prison conditions. There are limited exceptions, but courts apply them narrowly.
What if staff ignore my BP-8 or BP-9?
If deadlines pass with no response, BOP rules generally allow you to treat the silence as a denial and move to the next level. It is important to document when you submitted the form and to keep copies or notes of what you filed.
Can I raise more than one issue on a single form?
Typically, the BOP expects one primary issue per remedy, unless closely related. Combining multiple unrelated complaints into one form can result in rejection. It is often safer to separate distinct issues into separate remedies.
How long does the entire process take?
Even when everyone follows the rules, it can take months to move from BP-8 through BP-11. Delays, extensions, rejections, and refilings can make the process even longer, which is why starting early and tracking deadlines is so important.
Do I need a lawyer to file BOP remedies?
You are not required to have a lawyer, but the rules and deadlines are technical and mistakes can be costly. Many families and attorneys involve Prison Law Firm to help draft filings, avoid rejections, and build a strong record for possible court review.
Can Prison Law Firm help even if my loved one is already mid-process?
Yes. We often step in after a BP-9 or BP-10 has been filed to help assess what went wrong, plan next steps, or prepare BP-11 appeals and related court filings. The sooner we review the file, the more options we may have.
Have questions about a specific situation? Reach out to Prison Law Firm for a free, confidential consultation.
Important Disclaimer
This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney–client relationship with Prison Law Firm or any of its attorneys. Every case is different, and you should consult a lawyer about your specific situation before acting on any information here.