BP-8 through BP-11 and federal court — every step, form, and deadline.
THE COMPLETE GUIDE TO THE
BOP Administrative Remedy Program
BP-8 → BP-9 → BP-10 → BP-11 → Federal Court
Every Step, Every Form, Every Deadline – For Inmates, Families, and Advocates
What Is the Administrative Remedy Program?
The Administrative Remedy Program is the Bureau of Prisons’ formal grievance system, governed by 28 C.F.R. §§ 542.10–542.19 and Program Statement 1330.18. It is the official process by which any federal inmate can request formal review of virtually any issue related to their confinement that they believe is unjust, incorrect, or discriminatory.
The program exists to give the BOP an opportunity to correct its own mistakes before issues reach federal court. It is not optional. Under the Prison Litigation Reform Act (PLRA), an inmate must exhaust all levels of the administrative remedy process before filing a lawsuit. If you skip steps or miss deadlines, a court can – and routinely will – dismiss your case for “failure to exhaust administrative remedies.”
⛔ WARNING: Exhaustion is mandatory. Even if you believe the process is futile, you must complete every level (BP-8 through BP-11) or the courthouse door is closed to you.
What Can You Use It For?
The administrative remedy covers any aspect of confinement. Common uses include:
Disciplinary appeals – UDC and DHO decisions, incident reports, loss of good time credits
Medical care – denied treatment, delayed care, medication issues, specialist referrals
Sentence computation – good conduct time, First Step Act earned time credits, jail credit
Program eligibility – RDAP, halfway house/RRC placement, furlough denials
Staff misconduct – harassment, retaliation, PREA complaints
Housing and conditions – SHU placement, transfers, cell conditions
Mail, phone, visitation – rejected mail, phone charges, visiting restrictions
Financial – commissary errors, IFRP disputes, telephone billing
Any BOP policy – if you believe staff are misapplying a policy, this is the mechanism
Bottom line: If the BOP did something wrong or failed to do something required, the administrative remedy is your tool. It covers everything from a $2.00 phone overcharge to a constitutional violation.
The Four Levels – At a Glance
| Level | Form | Goes To | Deadline to File | Response Time | Copies Needed |
| Informal | BP-8 (Cop-Out) |
Counselor/ Unit Team |
20 days from incident |
No set deadline |
Keep 1 copy for yourself |
| Level I | BP-9 (BP-229) |
Warden | 20 days from incident |
20 days (+20 ext.) |
1 extra copy of continuation + 1 copy exhibits |
| Level II | BP-10 (BP-230) |
Regional Director |
20 days from Warden’s response |
30 days (+30 ext.) |
2 extra copies of continuation + exhibits |
| Level III | BP-11 (BP-231) |
General Counsel (Central Office) |
30 days from Regional Director’s response |
40 days (+20 ext.) |
3 extra copies of continuation + exhibits |
⛔ WARNING: Deadlines are measured from when the response is SIGNED (not when you receive it) or from when a response was DUE but never came. Mail time is built into the deadline windows, so file promptly.
Step 1: Informal Resolution (BP-8 / Cop-Out)
The process begins with an informal complaint. You present your issue to a staff member – usually your correctional counselor – and give them an opportunity to fix it without formal paperwork.
| Detail | What to Know |
| Form | BP-8 (also called a “Cop-Out” or BP-8½). One page. Obtain it from your unit counselor. |
| Where It Goes | Hand it to your counselor or designated unit staff member. |
| Deadline | 20 calendar days from the date of the incident (the date it happened, not the date you noticed it). |
| Continuation Page | You may attach one letter-sized (8½” x 11”) continuation page if you need more space. |
| Response Time | There is NO official federal deadline for staff to respond. Some institutions have local deadlines (e.g., 5 working days at FCC Petersburg). Check your institution’s supplement. |
| What to Write | State the problem clearly and factually. Include dates, names of staff involved, what happened, and what resolution you are requesting. Write “Please see attached” if using a continuation page. |
| Copies | Make and keep at least ONE copy for yourself. You will need it for every subsequent level. |
⚠ TIP: File the BP-8 AND the BP-9 simultaneously if your 20-day clock is running short. The informal attempt must be made, but you don’t have to wait for a response before filing the formal request.
If staff ignores the BP-8: Document that you attempted informal resolution. Note the date you submitted it and that no response was received. This becomes your justification for proceeding to the BP-9.
Can you skip the BP-8? Technically, no – informal resolution is required first. However, the Coordinator may waive it if you demonstrate a valid reason for bypassing it. CCC (halfway house) inmates are automatically exempt from the informal resolution requirement.
Step 2: Formal Request to the Warden (BP-9 / Level I)
This is where the official record begins. The BP-9 is the formal Administrative Remedy Request, and it goes directly to the Warden.
| Detail | What to Know |
| Form | BP-9 (also designated BP-229). This is a multi-part BLUE carbon copy form. Obtain it from your counselor. |
| Where It Goes | Submit to your counselor or institution staff member designated to receive requests. They forward it to the Warden. |
| Deadline | 20 calendar days from the date of the incident. This is the SAME deadline as the BP-8 – the clock does not restart. |
| One Issue Per Form | You may place only ONE complaint (or a reasonable number of closely related issues) on each BP-9. Unrelated issues on one form = automatic rejection. |
| Continuation Page | One letter-sized page maximum. You MUST provide one additional copy of the continuation page and one copy of any supporting exhibits. |
| Exhibits | Submit one copy of supporting exhibits. IMPORTANT: Exhibits will NOT be returned to you. Keep copies of everything because you will need them at every subsequent level. |
| Response Time | The Warden has 20 calendar days to respond. The Warden may take a 20-day extension (for a total of 40 days). |
| No Response? | If you receive no response within the allowed time, treat it as a denial and proceed to BP-10. |
⛔ WARNING: Do NOT introduce new issues at higher levels that were not raised in the BP-9. The BOP will only consider what you originally submitted to the Warden. Get it right here.
Receipt: When staff accept your BP-9, a receipt is generated through SENTRY and delivered to you. This receipt confirms your filing and its date. SAVE THIS RECEIPT. It is your proof of timely filing.
What if the counselor won’t give you the form? The counselor is required to provide the form. If they refuse, document the refusal in writing (send a cop-out requesting the form) and note the date. This creates a record of staff obstruction that serves as a valid reason for delay.
Step 3: Appeal to the Regional Director (BP-10 / Level II)
If the Warden denies your request or fails to respond, you appeal to the Regional Director.
| Detail | What to Know |
| Form | BP-10 (also designated BP-230). This is a multi-part YELLOW carbon copy form. Obtain from your counselor. |
| Where It Goes | Mail to the Regional Director for the region where you are currently confined (not where you were when the incident occurred). See addresses at the end of this guide. |
| Deadline | 20 calendar days from the date the Warden SIGNED the response. If the Warden never responded, 20 days from when the response was due. |
| What to Attach | One complete copy (or duplicate original) of the BP-9 AND the Warden’s response. Plus copies of all exhibits used at the BP-9 level. |
| Continuation Page | One letter-sized page maximum. You must provide TWO additional copies of the continuation page and exhibits. |
| What to Write | State specifically why you are appealing. If you received a response, explain why it was wrong or inadequate. If you received no response, state that. Use the same facts and issues from your BP-9 – do NOT add new issues. |
| Response Time | The Regional Director has 30 calendar days to respond, with an optional 30-day extension (total 60 days). |
| No Response? | If no response within the allowed time, treat it as a denial and proceed to BP-11. |
Receipt: Just like the BP-9, a SENTRY receipt will be generated and delivered to you confirming that your appeal was received. Save every receipt.
⚠ TIP: DHO (Discipline Hearing Officer) appeals go directly to the Regional Director as the first formal level – you skip the Warden for DHO appeals. File directly on the BP-10.
Step 4: Appeal to the General Counsel (BP-11 / Level III)
This is the final administrative appeal. After this, the BOP’s internal process is complete.
| Detail | What to Know |
| Form | BP-11 (also designated BP-231). Yellow carbon copy form. Obtain from your counselor. |
| Where It Goes | National Inmate Appeals Administrator, Office of General Counsel, 320 First St. NW, Washington, D.C. 20534. |
| Deadline | 30 calendar days from the date the Regional Director SIGNED the response. If no response, 30 days from when it was due. |
| What to Attach | Copies of the BP-9, the BP-10, BOTH responses (Warden and Regional Director), and all exhibits. You must provide THREE additional copies of any continuation page and exhibits. |
| Continuation Page | One letter-sized page maximum. Three additional copies required. |
| What to Write | State specifically why the Regional Director’s decision was wrong. Stick to the same issues – no new arguments allowed. |
| Response Time | Central Office has 40 calendar days, with an optional 20-day extension (total 60 days). |
| What Happens After | Once the BP-11 is denied (or the deadline passes without response), you have EXHAUSTED your administrative remedies. The courthouse door is now open. |
⛔ WARNING: The BP-11 denial (or non-response) is the gateway to federal court. Depending on the issue, you may file a 28 U.S.C. § 2241 habeas petition (for sentence computation, good time credits), a Bivens action (for constitutional violations), or an FTCA claim (for negligence/injury). Consult with a lawyer at this stage if possible.
Your Right to Copies
This is one of the most important and least understood parts of the process.
Free copies of prior dispositions: Under 28 C.F.R. § 542.19, inmates and members of the public may request access to Administrative Remedy indexes and responses (with inmate names and register numbers removed). Each institution must make available its own index plus the indexes of its regional office and Central Office. Responses can be requested from the location where they are maintained, identified by Remedy ID number.
The copy problem – and your rights: The BOP requires you to attach copies of everything at every level. But inmates often have very limited access to a photocopier. Here is what you need to know:
You are encouraged to retain copies of ALL exhibits for your personal records, because exhibits will NOT be returned with responses.
If you cannot photocopy, you may write out copies by hand. Handwritten duplicates are accepted.
If a delay in receiving copies of prior dispositions under § 542.19 caused you to miss a deadline, that is a recognized valid reason for a filing extension. Document it.
The institution’s law library should have access to TRULINCS where you can review 28 C.F.R. Part 542 and P.S. 1330.18 in full.
⚠ TIP: Start making copies from Day 1. Every time you submit anything, make at least 3 handwritten or photocopied duplicates. You will thank yourself later.
Receipts – Your Paper Trail
Every time you file a BP-9, BP-10, or BP-11, the receiving office generates a receipt through the SENTRY computer system. These receipts are delivered to you as SENTRY inmate notices.
| Notice Type | What It Means |
| Filing Receipt | Confirms your submission was received and logged. Contains the Remedy ID number, the date of receipt, and the level filed. |
| Extension Notice | If the response time is being extended, you receive written notice with the new deadline. |
| Disregard Notice | If your filing is rejected (wrong form, missed deadline, multiple issues, etc.), you receive a notice explaining why and what to do next. |
Save every single receipt and notice. These are your proof of timely filing. If you ever end up in federal court, the judge will want to see a clean paper trail showing you filed at every level and within every deadline.
⛔ WARNING: The Unit Manager is responsible for ensuring that SENTRY inmate notices (receipts, extension notices, and disregard notices) are printed and delivered daily. If you are not receiving your notices, file a cop-out immediately documenting the problem.
Special Situations
Sensitive Issues
If you reasonably believe your safety or well-being would be in danger if the institution knew you were filing a grievance, you may submit your BP-9 directly to the Regional Director, skipping the Warden. Write “SENSITIVE” clearly on the form and explain in writing why you cannot file at the institution. If the Regional Coordinator agrees the issue is sensitive, it will be accepted. If not, you will be advised in writing and given a reasonable extension to refile locally.
Sexual Abuse / PREA Complaints
Under the Prison Rape Elimination Act, grievances alleging sexual abuse have special protections and expedited timelines. An emergency BP-9 (BP-229) alleging substantial risk of imminent sexual abuse must receive a response within 48 hours. BP-10 and BP-11 responses should be provided within 5 calendar days. You cannot be disciplined for filing a PREA grievance unless the BOP demonstrates the filing was made in bad faith.
Emergency Grievances
If your request involves a matter that threatens your immediate health or welfare, the Warden must respond no later than the third calendar day after filing. Mark it clearly as an emergency and explain the urgency.
DHO Discipline Appeals
Appeals of DHO (Discipline Hearing Officer) decisions are filed directly with the Regional Director on a BP-10. You skip the Warden for DHO appeals because the Warden was involved in the institutional process. From the Regional Director, you can still appeal to the General Counsel on a BP-11 if unsatisfied.
What Family Members Can Do
The administrative remedy process is personal to the inmate – only the inmate can file the BP-8, BP-9, BP-10, and BP-11 forms. The final submission must always come from the inmate. But that does not mean families are powerless. Here is exactly what a family member CAN do:
Research and Draft
BOP policy explicitly states that an inmate may obtain assistance in preparing an Administrative Remedy Request or Appeal. A family member, consultant, or advocate can research the applicable Program Statements, draft the language for the continuation pages, organize the exhibits, and mail the finished package to the inmate for signature and submission. The inmate files it, but the substance can come from outside.
Write Letters Directly to the BOP
Once the inmate has begun the administrative remedy process, a family member can write letters directly to the Warden, the Regional Director, or BOP Central Office. These letters should present the facts, describe the problem, propose solutions, and request that the issue be investigated. Send the original to the Warden, and send copies to the prison’s Health Services Administrator (for medical issues), the Regional Director, and Central Office.
Contact Congress
Congressional offices can be extremely effective. Contact your U.S. Representative and both U.S. Senators. Their constituent services offices can make formal inquiries to the BOP on the inmate’s behalf. This does not replace the administrative remedy process, but it creates additional pressure and an independent paper trail. The BOP is required to respond to congressional inquiries.
Keep Records
Keep a dedicated notebook. Document every phone call, every visit, every name, every date, every promise made by staff. When the inmate calls with updates, write them down. This documentation becomes invaluable if the case ever reaches court.
Hire a Consultant or Attorney
Prison consultants (like those at DrPrison.org) specialize in preparing administrative remedy filings. They draft the BP forms, continuation sheets, and exhibits, then send the package to the inmate with detailed filing instructions. This is fully permitted under BOP policy.
The Honest Truth About Attorneys
Here is the reality that many families learn the hard way: most criminal defense attorneys who handled the trial or plea are not equipped or willing to handle BOP administrative grievances. There are several reasons for this:
There is no constitutional right to counsel in the administrative remedy process. The BOP does not provide lawyers for grievances, and the court does not appoint one until (and unless) a lawsuit is actually filed.
Most criminal defense attorneys view their representation as complete once the sentence is imposed. Post-conviction BOP issues are a different practice area entirely, and many attorneys are not familiar with BOP Program Statements, SENTRY, or the grievance system.
The administrative remedy process involves relatively small, time-intensive filings that don’t generate significant legal fees. Economically, most law firms cannot justify the time investment at typical hourly rates.
The process is designed for inmates to navigate on their own (or with informal help). Courts have repeatedly held that inmates are expected to complete it without counsel.
That said, some attorneys DO help – and there are situations where legal help is critical:
If your grievance involves a constitutional violation (excessive force, denial of medical care resulting in serious harm, retaliation for protected speech), an attorney should be involved from the BP-9 stage to preserve legal arguments for litigation.
If your issue is sentence computation or First Step Act credits, attorneys who specialize in federal post-conviction work (§ 2241 petitions) can be very effective.
If you are considering an FTCA (Federal Tort Claims Act) claim for negligence or injury, an attorney familiar with tort claims against the government is essential.
For everything else – discipline appeals, program eligibility, housing complaints, mail issues, phone charges – the administrative remedy process is genuinely designed to be completed by the inmate, with or without outside help from family or a consultant.
⚠ TIP: The most effective approach: have a consultant or knowledgeable family member draft the filings, while keeping an attorney informed so they can step in if the matter escalates to federal court.
Common Reasons Filings Get Rejected
The BOP will look for any procedural reason to reject a filing. Avoid these pitfalls:
| Reason | How to Avoid It |
| Multiple Issues | Each BP-9 must contain only ONE complaint or a group of closely related issues. Mixing unrelated issues = automatic rejection. |
| Wrong Level | Filing with the wrong office (e.g., sending a BP-9 to the Regional Director instead of the Warden). Each level has a specific destination. |
| Missed Deadline | Filing outside the 20/20/30-day windows without a valid, documented reason for delay. |
| No Informal Attempt | Skipping the BP-8 without a documented valid reason for bypassing informal resolution. |
| New Issues on Appeal | Raising issues in the BP-10 or BP-11 that were not in the original BP-9. You cannot add new arguments. |
| Missing Attachments | Failing to include copies of prior filings and responses at each appeal level. |
| Not Signed/Dated | The inmate must personally sign and date every filing. |
| Wrong Form | Using a BP-9 form when a BP-10 is required, etc. |
⚠ TIP: If your filing is rejected, you will receive a rejection notice explaining why. You typically can correct the problem and refile. Ask for a reasonable extension if the correction causes a delay.
After You Exhaust: What Comes Next
Once the BP-11 is denied or the Central Office deadline passes without a response, you have fully exhausted the BOP’s internal process. Your legal options depend on the nature of your complaint:
| Legal Avenue | When to Use It |
| 28 U.S.C. § 2241 | Habeas corpus petition. Used for sentence computation disputes, good time credit denials, First Step Act earned time credits, parole issues. Filed in the district of confinement. |
| Bivens Action | Constitutional claims against individual BOP staff (excessive force, deliberate indifference to medical needs, retaliation). Filed in federal district court. |
| FTCA Claim | Federal Tort Claims Act. Used for negligence, personal injury, medical malpractice by BOP staff. Requires a separate administrative tort claim (Form SF-95) filed with the BOP Regional Office BEFORE going to court. This has its own 2-year statute of limitations. |
| 42 U.S.C. § 1983 | Generally does not apply to federal prisoners (it covers state actors), but may be relevant if state employees were involved. |
⛔ WARNING: Do NOT wait until after exhaustion to think about court. The administrative remedy record IS the court record. Everything you wrote (or failed to write) in your BP-9 through BP-11 will be scrutinized by a judge. Write every filing as if a judge will read it – because they will.
Key Legal References
| Citation | What It Covers |
| 28 C.F.R. §§ 542.10–542.19 | The federal regulations governing the Administrative Remedy Program. |
| P.S. 1330.18 | Current BOP Program Statement on Administrative Remedy (effective 1/6/2014). |
| P.S. 5270.09 | Inmate Discipline Program – governs incident reports, UDC, and DHO proceedings. |
| 28 U.S.C. § 2241 | Habeas corpus – the vehicle for challenging sentence computation after exhaustion. |
| 42 U.S.C. § 1997e(a) | Prison Litigation Reform Act – requires exhaustion of administrative remedies before filing suit. |
| 28 C.F.R. Part 115 | PREA National Standards – special grievance protections for sexual abuse complaints. |
Regional Director Mailing Addresses
| Region | Address |
| Mid-Atlantic | 10010 Junction Drive, Suite 100-N, Annapolis Junction, MD 20701 |
| North Central | Gateway Complex Tower II, 8th Floor, 400 State Avenue, Kansas City, KS 66101 |
| Northeast | U.S. Custom House, 7th Floor, 2nd and Chestnut Streets, Philadelphia, PA 19106 |
| South Central | 4211 Cedar Springs Road, Suite 300, Dallas, TX 75219 |
| Southeast | 3800 Camp Creek Parkway SW, Building 2000, Atlanta, GA 30331 |
| Western | 7950 Dublin Boulevard, 3rd Floor, Dublin, CA 94568 |
Central Office (BP-11): National Inmate Appeals Administrator, Office of General Counsel, 320 First St. NW, Washington, D.C. 20534
Prepared as a public resource by DrPrison.org
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