Dr. M Blatstein's Blog

THE ⚖️ADMINISTRATIVE REMEDY – THE BOP ENCOURAGES ITS USE

THE ⚖️ADMINISTRATIVE REMEDY

The Prison Litigation Reform Act (PLRA) Allows Relief Through US Judges, But Only After The Administrative Process Has Been Completed.

 

The Bureau of Prisons encourages persons who have the need to pursue a complaint, to do so through The Administrative Remedy Process. On the outside, the options include Legal (getting an attorney, and then using the courts), mediation, changing jobs or just walking away, but in The BOP, learning the Administrative Process – is the way. Pros: there is a way to make a complaint, Cons; the process can take up to 6 Months. 

THIS EXAMPLE ONLY APPLIES TO FSA, ETC

ONLY 1 ITEM PER COMPLAINT

1st. Is The Informal Complaint – Your Cop-Out (BP-8)

  • BP-8 Example.

(Insert Date)

I’m filing this Complaint because my release date does not reflect my Earned Time Credits that I believe I have worked hard to obtain. I meet all the criteria of the First Step Act, and I have participated in (  #  ) of Productive Activities over the past (xx) months, and ( # ) of EBRR Programs over the last 6 months. I request that the BOP update my sentence computation sheet to reflect the Earned Time Credits.

  • CASE MANAGERS HAVE 24 HRS TO RESPOND, OR IF THEY PROVIDE A COMPUTATION SHEET THAT DOESN’T MATCH YOURS, POLITELY ASK WHY, OTHERWISE – NEXT:

2ND.    AFTER 24 HOURS, WITH NO RESPONSE OR AN UNSATISFACTORY RESPONSE

You request your BP-9 (a letter to the warden),

Before doing this, speak with your counselor to learn:

  • What is the process I should follow (as institutions may vary)
    • If the counselor is unavailable, then write that the counselor is unavailable and in a letter, you are asking that the warden treat this letter as a BP-9 Request for Administrative Remedy.
  • BP-9 Example.

(  Insert Date )

I’m filing this to request to ensure that the Earned Time Credits I believe I have earned, be reflected on my BOP sentence computation sheet. My initial request is attached which I made on (insert date) when I request that the BOP update my sentence computation sheet to reflect the Earned Time Credits.

I haven’t received an updated sentence computation that reflected the Earned Time Credits I have earned per the First Step Act and BOP policy Number 5410.01. Please provide an updated computation sheet describing why my sentence computation sheet does not reflect all of the time credits I earned in accordance with the First Step Act and BOP policy Number 5410.01.

(Attached is  a copy of my initial copout)

3rd. AFTER 20 DAYS WITH NO RESPONSE OR AN UNSATISFACTORY RESPONSE TO THE REGIONAL DIRECTOR

You may request a BP-10 form from your counselor.

  • If the counselor is unavailable, then write that the counselor is unavailable and in a letter, you are asking that the Regional Director treat this letter as a BP-10, Regional Administrative Remedy Appeal.
  • BP-10 Example

( Insert Date )

I’m filing this to request to ensure that the Earned Time Credits I believe I have earned be corrected on my BOP sentence computation sheet. My initial request is attached which I made on (Insert Date) when I request that the BOP update my sentence computation sheet to reflect my Earned Time Credits.

As I did not receive an updated sentence computation that reflected the Earned Time Credits I have earned per the First Step Act and BOP policy Number 5410.01. Please provide an updated computation sheet describing why my sentence computation sheet does not reflect all of the time credits I earned in accordance with the First Step Act and BOP policy Number 5410.01.

(Attached are copies of my initial copout (BP-8) and my BP-9)

4th. AFTER 30 DAYS WITH NO RESPONSE OR AN UNSATISFACTORY RESPONSE, TO WASHINGTON DC

You may request a BP-11 from your counselor.

  • If the counselor is unavailable, then write that the counselor is unavailable and in a letter, request that the Central Office treat this letter as a BP-11, Central Office Administrative Remedy Appeal.
  • BP-11 Example

(Insert Date)

I appeal the Regional Director’s response to my request for administrative remedy.

I’m filing this to request to ensure that the Earned Time Credits I believe I have earned, be reflected on my BOP sentence computation sheet. My initial request is attached which I made on (insert date) when I request that the BOP update my sentence computation sheet to reflect the Earned Time Credits and I appealed to the Regional Director on (insert date) and did not receive the relief requested.

To comply with the Prison Litigation Reform Act, on (insert date) I appealed to the Regional Director for administrative relief. The BOP continues to deny the application of my Earned Time Credits to my sentence computation, and I request an administrative remedy.

Use Form BP-11 INSTRUCTIONS: Complete if: • You did not get a response from your Level II appeal.
Office of General Counsel
320 First St., NW
Washington, D.C. 20534.

5th. If the Central Office does not grant relief within 30 days, you have complied with the PLRA Process and exhausted all requests for administrative remedy. This goes to the Federal District Court.

You can now draft your Pro Se Motion pursuant to Title 28 USC § 2241

  • While they should have copies of all previous correspondence regarding your pursuit of an administrative remedy, you may still include copies of all of your previous correspondences.

 

This letter to the court is written as below,

YOUR NAME (Petitioner)

V.

Warden (Respondent)

Beneath the heading insert the following heading, in bold or in all caps:

 

Regarding:

Pro Se Motion Under Title 28 U.S.C. § 2241 For Application of First Step Act (FSA) Earned Time Credits Toward Sentence Computation.

 

Then write a standard letter to the judge:

ATTACH LETTER TO FORM, DEAR JUDGE

 

Dear Judge ….:

I am not an attorney, and I am filing this pro-se motion, moving this Honorable Court to order the Bureau of Prisons to apply First Step Act (FSA) Earned Time Credit to my federal prison sentence.

 

Background:

 

In 2018, the President of the United States signed into law the “First Step Act” (FSA) 18 U.S.C. § 3632. The FSA grants eligible inmates the ability to earn time credits (ETC) for successfully participating in and completing approved Evidence-Based Recidivism Reduction (EBRR) programs or Productive Activities (PAs).

My conviction qualifies me as eligible to earn the FSA credits.

Since entering federal prison on (insert date) to serve a sentence of (insert the number of months), the record shows that I have avoided disciplinary infractions and participated in Evidence-Based Recidivism Reduction (EBRR) programs, and, or Productive Activities (PAs) as directed by staff members.

On several occasions, I requested BOP staff members to apply the credits (ETC) toward my sentence computation. Despite numerous requests, the BOP has not updated my computation sheet to reflect the ETC I earned, in accordance with the First Step Act and BOP policy Number 5410.01.

Under Title 42 U.S.C. § 1997e(a), I have complied with the Prison Litigation Reform Act, requiring me to exhaust administrative remedies to resolve this grievance.

Petitioner contends that the BOP failed to adhere to the FSA in its imposition of his sentence in two distinct areas:

  1. The BOP failed to apply 15 days of ETC for every 30 days of confinement, and
  2. The BOP failed to correctly calculate the FSA and Productive Activity or EBRR credits toward the remainder of his sentence.

 

Petitioner contends that not applying the correctly calculated FSA Earned Time Credits violates the Congressional intent under Title 18 U.S.C. § 3632 and inflicts harm, by sanctioning a longer prison term than allowed under Title 18 U.S.C. § 3553 and § 3632.

 

Petitioner contends that I have made a good faith effort in attempting to resolve these concerns before filing in the District Court. The movant submitted the following administrative remedy forms:

  1. Initial request on (insert date)
  2. BP-9 Administrative remedy form (insert date)
  3. BP-10 Regional Appeal for Administrative remedy form (insert date)
  4. BP-11 Central Office Appeal for Administrative remedy form (insert date)

 

Section (4) Time Credits: Application of Time Credits Toward Pre-Release Custody holds that:

Time credits earned by prisoners who successfully participate in recidivism reduction programs or productive activities and who have been determined to be at minimum risk or low risk for recidivating under their last two reassessments shall be applied toward time in pre-release custody. The Director of the Bureau of Prisons shall transfer prisoners described in this subsection into prerelease custody (also known as Supervised Release).

 

Conclusion:

For the foregoing reasons, Petitioner moves this Honorable Court to GRANT immediate Habeas Corpus relief under 28 U.S.C. § 2241, forcing the Bureau of Prisons to apply all Earned Time Credit to the Sentence Computation and grant an immediate release.

 

I, (Insert Full Name), under penalty of perjury, hereby affirm that all statements given hereof are truthful to the best of my knowledge. I have mailed a certified copy of this motion to the Assistant United States Attorney’s Office for the (insert district), and I also sent a copy to the Clerk of the Court.

 

The petitioner requests the Clerk of the Court to return a stamped copy to the petitioner showing this motion has been filed with this Honorable Court and showing the appropriate case number for this pro se motion filed under 28 U.S.C. § 2241.

 

Respectfully submitted,

 

//signature//

YOUR NAME

 

(Insert address)

Note: To complete this pro se motion, I would have taken the additional steps:

 

Included copies of all my requests for administrative remedy.

Send a copy to the Assistant United States Attorney for the district.

Send a copy to the Clerk of the Court for the district of confinement (not the district that imposed the sentence).