The BOP’s Administrative Remedy Program allows inmates or attorneys acting on behalf of inmates “to seek formal review of an issue relating to any aspect of his/her own confinement.” Inmates can submit a request for necessary medical treatment they are not receiving, dietary needs that are not being met, work reassignments, security concerns, facility transfers, or to be placed in certain programs.
The process usually begins by submitting a BP-8 form, also known as an informal complaint or “cop-out,” to a staff person such as a case manager or counselor. If the issue cannot be resolved informally, an inmate can file a formal complaint through a BP-9 form, which ultimately goes to the warden. Appeals from the warden’s decision are filed through a BP-10 and BP-11. There are strict time limits for filing claims and appeals.
For example, many inmates often lack adequate medical treatment because the BOP lacks specialists or doesn’t have an accurate understanding of the inmate’s medical conditions. Sometimes these concerns can be resolved by requesting a medical appointment with a specialist, but other times it takes a formal request for something more, like requesting a transfer to a medical facility or to be able to go outside of prison to get treatment. In that case, an inmate would submit a transfer or medical furlough request through the Administrative Remedy Program.
Understanding this system or having an attorney who understands the system is important because there is so much at stake. The difference between a low security facility and a penitentiary, for example, is the difference between having a number of privileges in a more open living space or living in a small cell with less freedoms. When the BOP makes an arbitrary decision denying an inmate’s request, the inmate may be able to challenge the decision in court.