Dr. M Blatstein's Blog

THE ADMINISTRATIVE REMEDY – BP 8, 9 10, 11, and USC § 2241

The Prison Litigation Reform Act (PLRA) Allows For US District Judges To Provide Relief 

 

But Only After The Administrative Remedy Process Is Complete

Lawyers Are Not In Prison With  You – You ARE Your Best Advocate

Supplies you will need;

  1. If you have access to a copy machine (possibly in the library) then learn how to use it. You may need a pen, a tablet with paper, envelopes, and likely stamps.
  2. Calendar – is critical.

EXAMPLE:

The Administrative Remedy Process – Only 1 Complaint at a Time

 

1st) The Informal Complaint Is Called Your Cop-Out or BP-8 – Which Is Your Informal Complaint, or Resolution

You’re expected to try and resolve the matter through this simple conversation or BP-8.

  • As each facility has its own rules, to start the process, speak with your counselor 1st to learn how their process works.
  • When the counselor responds, remember what they tell you – with attention to detail writing your notes later, noting the conversation’s date, content, and time. Once the counselor explains the process, follow the process exactly.

When writing out your Informal Complaint, “Cop-Out or BP-8,” follow this process;

Write the date that the incident“Happened”, not the date that you’re filling out the form – unless it’s the same date. 

    1. Write an informal complaint, preferably on the day of the incident, or the next.
    2. Because the Formal complaint (BP-9) comes next and must be written within 20 days of the incident, begin to track these dates on your calendar.

Deadlines are critical, as the BOP-Staff may be Late, you are not given that same grace period, and if you are late, the staff may reject the complaint because the time to complain has expired.

1. Write down the day the incident happened.
2. Write down the day that you made the informal complaint (which has to be within 20 days of the incident – or Sooner)
3. Although a person in prison must adhere to the deadline of 20 days, staff members are not required to respond, nor do they have to respond. Nevertheless, you must show that you attempted to resolve the matter with an informal complaint.

Only after you’ve lodged The Informal Complaint (BP-8 or Cop-Out), can you next launch a formal complaint.

  • If the informal complaint is submitted to the counselor on day 1, and if the counselor does not reply within one day, that next day I would ask the counselor for the BP-9 form to launch the formal complaint.

Remember the rules: they provide 20 days from the time of the incident – for you to start the administrative remedy process with a BP-9.

 

Launching the “informal complaint”  (BP-8 or Cop-Out) allows you to, 1) Populate the Record, and 2) shows that you’ve given staff members an opportunity to Resolve The Complaint Informally. 

The Formal Process Starts with the BP-9

The record becomes crucial to the administrative remedy process, so keep copies of everything you’ve done.

An Example of a BP-8 or Cop-Out – regarding ETC Calculation Discrepancy

“I’m filing this (on insert date) because my release date does not reflect what I believe to be my Earned Time Credits. I feel by my calculations that I have met all the criteria of the First Step Act, as I have participated in (xx #) Productive Activities over the past (xx#) months. I request that the BOP update my sentence computation sheet to include my Earned Time Credits, thank you.” 

Make a copy for your records.

• CASE MANAGERS HAVE 24 HRS TO RESPOND – IF THEY 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 FROM YOUR BP-8

You now can request your BP-9 (Your Administrative Remedy Request to the Warden)

 

Again, the rules require you to receive the BP-9 from your counselor, who then enters your name and the date you requested the Form BP-9 into their BP-9 logbook. This logbook is now part of the record. This should be the 2nd or 3rd day from when the incident happened.

Instructions to complete a BP-9:

  1. This form has a limited amount of space, so if you need additional space, you may write “See attachment,” where you can attach just one page to the form.
  2. On that page provide a complete explanation, using as many details as possible to strengthen your position.
    Only list One Complaint per Administrative Remedy. 

    1. If you have different complaints, each requires different and separate Administrative Remedy Requests.

Be very organized as you begin to write your complaint, including;

  1. Start with the date and time of your informal complaint (BP-8) –different from when the incident occurred.
    • If you did not receive a response to your informal complaint
      • Write that the staff member did not respond to your informal complaint, and to comply with deadlines, you filed the (BP-9) formal administrative remedy request.
    • If you received an unfavorable response,
      • Write that you disagree with the decision on the informal complaint.
      • This is why you’re filing a (BP-9) formal administrative remedy request.
  2. If you’ve missed the deadline to file the formal complaint within 20 days of the “Incident”, you must explain the reason why.
    • For example, if you’re locked in the SHU and your counselor did not provide you with a BP-9 form.
  3. Do your best to comply with the deadlines, because the BOP will do its best to deny your requests.

At the end of the form, indicate how you are submitting the form.

  1. If you’re submitting it to the counselor, include their name, date, and time.
  2. If you’re putting it into the unit mailbox, write the date and time you’re putting it into the mailbox.
  3. If you’re in the SHU and you want to submit to a staff member that works in the SHU, write the date and time and the name of the staff person you’re passing the form to.

Make at 3-4 copies of the form and the supporting documentation.

  1. If no copy machine is available, then make sure you handwrite the 3-4 copies.
  2. You will need these copies for the next phases of the process when you appeal to The region, Central Office, and possibly, the District Court.

Your personal record should indicate,

  1. The date that you filed the BP-9,
  2. How you made copies (and the number of copies) of the BP-9, and
  3. The date that you anticipate receiving a response from staff members – mark your Calendar.
    1. To anticipate the approximate date that you expect a response,
      • Add three weeks, or
      • You Expect a Response to your BP-9 21 days to the day after it’s filed –
      • Don’t Wait – the Warden doesn’t reply.
    2. Theoretically, the warden is supposed to respond to the BP-9 within 20 days after the date that the warden received the form.

Example of BP-9
“I’m filing this so that my Earned Time Credits can be applied to my sentence computation. I have attached the initial request I made to staff on (insert date) when I requested my updated sentence computation sheet that should have reflected my Earned Time Credits.

As I did not receive an updated sentence computation reflecting the Earned Time Credits that 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 the time credits I believe I have earned in accordance with the First Step Act and BOP policy Number 5410.01.
(I am attaching a copy of my initial copout)

3rd. AFTER 20 DAYS WITH NO RESPONSE OR AN UNSATISFACTORY RESPONSE

You may request a BP-10, Administrative Remedy Request to the Regional Director

 

If the counselor is unavailable, 

  1. you should record that the counselor is unavailable and then
  2. write a letter, requesting that the Regional Director treat the letter as a BP-10, Regional Administrative Remedy Appeal.

Options once this form is sent:

  1. The warden replied but did not resolve the matter in your favor, or you believe the warden made an error, or
  2. You did not receive a response from the warden within the allowed time, as identified in the First Step Act and BOP policy Number 5410.01.
  3. Either #1 or #2, allows you to file the appeal with the regional director for the region where your prison is located.

THE PROCESS OF COMPLETING THIS FORM

I. The warden replied to your BP-9 but did not resolve the matter in your favor, or you believe the warden made an error, or

YOUR RESPONSE:

  • I disagree with the decision that the warden gave regarding my initial administrative remedy request.
    1. I am now exercising my right to appeal, in accordance with the BOP policy.
    2. Use the same description for your problem as you used in the BP-9.
    3. Should you have to write out the copy by hand, you must make at least two copies.
    4. Ensure that you do not introduce anything new into the BP-10 that you did not introduce in BP-9.
    5. The BOP will only consider what you submitted to the warden.
    6. I am filing this appeal within the allotted time frame.

II. You didn’t receive a response from your warden within 20 days, as the rule for administrative stipulates in Program Statement 1330.18, Section 542.18.

YOUR RESPONSE:

  1. I attached a copy of the administrative remedy request form that I filed on (insert date).
  2. I am now exercising my right to appeal, in accordance with the BOP policy.
  3. Use the same description for your problem as you used in the BP-9.
  4. Should you have to write out the copy by hand, you must make at least two copies.
  5. Ensure that you do not introduce anything new into the BP-10 that you did not introduce in BP-9.
  6. The BOP will only consider what you submitted to the warden.
  7. “I am filing this appeal within the allotted time frame”.

DEADLINES:

As described in the section above on BP-9, make sure that you’re conscious of deadlines.

The rules require a person to file the BP-10, 

  1. Within three weeks (21 Days) of the time the person receives a response to the BP-9 or
  2. The time of the extension was supplied by the warden or BOP staff.
  3. Be super cautious about maintaining these deadlines and keep an accurate record(s) of why you cannot.

COPIES:

Make sure to attach a copy of the original Form BP-9 that you sent earlier.

And also make at least two copies of the form BP-10, for the same reasons we discussed earlier

RESPONSE:

The policy provides that the Regional Director has 30 days to respond to the BP-10.

  • I would recommend that you keep a calendar to keep track of (time and days) their four weeks, but allow five weeks for mail slowdowns – keep an accurate record in the same way that we describe above:

The date you filed the BP-9; the Date you received, or expected response to your BP-9

The date you filed the BP-10; the Date you received or expect a response to your BP-10

Example BP-10
I appeal the warden’s response to my request for administrative remedy. On (insert date) I filed a notice requesting an accurate sentence computation sheet showing the Earned Time Credits I earned per the First Step Act and BOP policy Number 5410.01. I did not receive a favorable response and I appealed. The warden did not grant the relief requested. To comply with the Prison Litigation Reform Act, I appealed the BOP’s denial to apply Earned Time Credits to my sentence computation and request administrative remedy.
(I am attaching copies of my initial copout and BP-9)

Regional Director Addresses
Regional Director / Mid-Atlantic Regional Office
10010 Junction Drive, Suite 100-N
Annapolis Junction, Maryland 20701

Regional Director / North Central Regional Office
Gateway Complex Tower II, 8th Floor
400 State Avenue, Kansas City, KS 66101-2492

Regional Director / Northeast Regional Office
U.S. Custom House, 7th Floor
2nd and Chestnut Streets
Philadelphia, Pennsylvania 19106

Regional Director / South Central Regional Office
4211 Cedar Springs Road, Suite 300
Dallas, Texas 75219

Regional Director / Southeast Regional Office
3800 Camp Creek Parkway, S.W.
Building 2000
Atlanta, Georgia 30331-6226

Regional Director / Western Regional Office
7950 Dublin Boulevard, 3rd Floor
Dublin, California 94568

When the time is right, proceed to the final stage of the administrative remedy process, with an appeal to the General Counsel in the Central Office, on a form BP-11.

 

4th. AFTER 30 DAYS WITH NO RESPONSE OR AN UNSATISFACTORY RESPONSE

BP-11, Administrative Remedy Request to BOP General Counsel in Washington DC

  • If the counselor is unavailable, you should record that the counselor is unavailable and write a letter, requesting that the Central Office treat the letter as a BP-11, Central Office Administrative Remedy Appeal.

If the regional director responded to the BP-10, but you do not think the regional director made the correct decision, then take the next step of filing a BP-11.

  • When the staff member provides the response to the BP-10, request a form BP-11 to appeal.

File your BP-11 at the following address:
Bureau of Prisons
National Inmate Appeals Administrator,
Office of General Counsel
320 First Street, NW
Washington, DC 20534

Use the same instructions provided in the previous section, but begin by writing:

I disagree with the regional director’s decision regarding my administrative remedy appeal request that I filed on (insert date).

Consistent with BOP policy, I am filing this appeal.”

  1. You should write your description in the same way that you wrote in the BP-9 and the BP-10.
  2. Make sure that you create three copies of each page, even if you have to write it by hand.
  3. Write/document the manner you’re using to submit the appeal, indicating whether you,
    • Put it in a mailbox, including the date and time, or
    • Giving it to a staff member, including the date and time.

DEADLINE:

The rules: you must file the appeal to headquarters within 30 days of the date that the regional director responded.

 If there is a valid reason for being late,

  1. Be clear in explaining the reason for missing the deadline.
  2. It had better be a reason that is beyond a person’s ability to control, and
  3. not because of disorganization.

Attachments: attach a copy of the BP-9 and a copy of the BP-10.

  • Make at least two copies of the BP-11, even if you must write by hand. 

At the conclusion of this process, you want to have in your possession:

  • Two copies of the informal complaint (BP-8)
  • Two copies of the BP-9
  • Two copies of the BP-10
  • Two copies of the BP-11

You may need those copies to continue the process with a motion to the US District Court.

RECORDS:

Make sure that you memorialize all dates with accurate records.

  1. I filed my BP-11 on (insert date), which is within 30 days of the time I received the regional director’s response.
  2. I made two copies of my BP-11 and have two copies of the previous submissions.
  3. I expect to get a response to my BP-11 within 40 days, but I will wait for 45 days to account for mail delays.
  4. If the regional director did not respond to the BP-10 within the appropriate time, then follow the same instructions as above, but change the first line to read:
    • I have complied with all deadlines in my administrative remedy request, but
    • I did not receive a response from the regional director within 35 days. For that reason,
    • “I am filing this appeal”

Example BP-11
I appeal the Regional Director’s response to my request for administrative remedy. On (insert date) I filed a notice requesting an accurate sentence computation sheet showing the Earned Time Credits I earned per the First Step Act and BOP policy Number 5410.01. I did not receive a favorable response, and I appealed to the warden on (insert date). The warden did not grant 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.

(I am attaching copies of my initial copout, BP-9, and BP-10)

 

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. 

You’re Now Ready For U.S. District Court

The PRO SE HABEAS CORPUS GUIDEBOOK

The Actual § 2241 pdf. Form, For HABEAS CORPUS UNDER Title 28 U.S.C. § 2241

  1. This goes to the Federal District Court.
  2. You may now submit a: Pro Se Motion pursuant to Title 28 USC § 2241 – FORM § 2241
  3. They should have copies of all previous correspondence regarding your pursuit of administrative remedy.

This letter is ready to be written to the court, 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 – For Application of First Step Act (FSA) Earned Time Credits Toward Sentence Computation.

Then write it as 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:

On (insert date), 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 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 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.

Pursuant to 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 irrefutable harm, by sanctioning him to a longer prison term than allowed under Title 18 U.S.C. § 3553 and § 3632.

Petitioner contends that he made a good faith effort in attempting to resolve these concerns prior to 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 or low risk for recidivating pursuant to 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, Your 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 pursuant to 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 (BP-8, 9 10, and 11).
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).

ADMINISTRATIVE REMEDY PROCESS: FROM YOUR HALFWAY HOUSE (RRC) or HOME CONFINEMENT

  • BOTH ARE MANAGED BY: THE RESIDENTIAL RENTRY MANAGERS of each Halfway House, and their contact information should be posted there.
  • If you cannot get a BP-8 (Cop-Out), start the process by writing a letter to them there, preferably a registered return receipt, unless you can call them.