BOP Form BP-9 is the first formal step in the Federal Bureau of Prisons’ Administrative Remedy Program, filed with the Warden of the facility where you are housed. You have 20 calendar days from the date of the incident to submit it, and you must first attempt informal resolution with staff. Skipping the form, missing the deadline, or failing to appeal a denial through the two levels above the Warden can block you from ever bringing a federal lawsuit over the same issue.
Try Informal Resolution First
Before the BP-9, federal regulations require you to try resolving the problem informally. Under 28 C.F.R. § 542.13, you raise the concern with a staff member who is supposed to work with you toward a local fix.1eCFR. 28 CFR 542.13 – Informal Resolution In practice, this means filling out a BP-8 (sometimes called a “cop-out”) and giving it to your counselor or unit team. If staff cannot fix the problem, or you are unsatisfied with the outcome, the informal step is complete and you can file the BP-9.
A few situations bypass this step. The Warden or the Administrative Remedy Coordinator can waive the informal resolution requirement for an acceptable reason. Residents of Community Corrections Centers are exempt. Disciplinary Hearing Officer appeals go straight to the Regional Director, appeals of Control Unit placement go to the General Counsel, and sensitive safety-related grievances can be filed directly at the regional level.2eCFR. 28 CFR Part 542 – Administrative Remedy Program
Filling Out the Form
Get the BP-9 from your counselor or unit team. It asks for identifying information, a subject line, and a description of the complaint. If you need more room, one additional letter-sized continuation page is allowed, and you must provide a copy of that page along with the original.3Federal Bureau of Prisons. Program Statement 1330.18 – Administrative Remedy Program You may attach one copy of any supporting document. Exhibits are not returned with the response.
Each BP-9 must cover a single complaint or a group of closely related issues. Bundle unrelated problems and the form is rejected without a response. For disciplinary appeals, each incident report must be on its own form.4eCFR. 28 CFR 542.14 – Initial Filing This is where a lot of people trip up. Pick one issue and make the case for it.
Write a plain, chronological account of what happened. State what you want the Warden to do about it, and keep the request within the Warden’s authority. A change in work assignment or a review of a specific medical decision is realistic. Something that would require action from Washington is not. Note the date and outcome of your informal resolution attempt. Legibility matters too. Forms returned for technical defects eat into your 20 days.
The 20-Day Deadline and Late Filings
The BP-9 must be submitted within 20 calendar days of the date the problem occurred. That clock includes the informal resolution step, so do not wait until day 19 to start the BP-8.5eCFR. 28 CFR 542.14 – Initial Filing
Late filings are accepted only if you can show a valid reason. The regulation lists four:
- You were in transit and could not access the documents you needed.
- You were too ill or injured to prepare the filing within the window.
- Informal resolution took unusually long through no fault of your own.
- You requested copies of prior decisions under § 542.19 and staff took too long to provide them.
If you file late, include a written explanation of which situation applies and any documentation you have. Saying you didn’t know about the deadline is not enough.4eCFR. 28 CFR 542.14 – Initial Filing
Sensitive and Emergency Grievances
Some complaints are too dangerous to file at your own institution. If you reasonably believe your safety would be at risk if the grievance became known locally, you can skip the Warden and submit directly to the Regional Director. Mark the form “Sensitive” and include a written explanation of why you are bypassing the institution.2eCFR. 28 CFR Part 542 – Administrative Remedy Program
The Regional Administrative Remedy Coordinator decides whether the request truly qualifies as sensitive. If they agree, it is accepted at the regional level. If they disagree, you will be told in writing and directed to file locally, and the Warden must give you a reasonable extension so the regional attempt does not cost you time.
Emergency grievances move on a separate track. When the issue threatens your immediate health or welfare, the Warden must respond within three calendar days of filing rather than the usual 20.
Submitting the Form and Getting a Receipt
Hand the completed BP-9 and any attachments to the designated staff member, usually your counselor. Staff are required to log the submission into the SENTRY computer system, stamp it with the date received, and assign it a Remedy ID number.3Federal Bureau of Prisons. Program Statement 1330.18 – Administrative Remedy Program You should receive a system-generated receipt showing the filing date and tracking number.
That receipt is your proof the clock has started. Keep a personal copy of everything: the form, any continuation page, your exhibits, and the receipt. If you eventually appeal or sue, this paper trail is the backbone of the record.
The Warden’s Response
Once the BP-9 is logged, the Warden has 20 calendar days to issue a written response. If the matter is complicated, the Warden can take a one-time extension of up to 20 additional days, for a maximum of 40. Staff must notify you of any extension in writing.6eCFR. 28 CFR 542.18 – Response Time
If the full period runs out with no response, you can treat the silence as a denial and move to the next appeal level. When a written response does arrive, save it whether you won or lost. It is a key piece of the administrative record.
If Your BP-9 Is Rejected
A rejection is not the same as a denial. A denial means the Warden considered the merits and ruled against you. A rejection means the Administrative Remedy Coordinator returned the form without a merits review because something was procedurally wrong. Common reasons include abusive or obscene language, multiple unrelated issues on one form, missing the deadline, or leaving out required identifying information.7eCFR. 28 CFR 542.17 – Resubmission
The rejection notice will be in writing, signed by the Coordinator, and will explain why. If the problem can be fixed, the notice will include a reasonable extension to correct and resubmit. The regulation does not set a fixed number of days for that window; the Coordinator decides case by case.
If you are rejected without being given a chance to fix and resubmit, you can appeal the rejection itself to the Regional Director. The Regional Coordinator can uphold the rejection, order the lower level to accept the filing, or accept it directly.
Appeals: BP-10 and BP-11
A BP-9 denial is not the end. The administrative remedy program has two more levels, and both must be completed for your remedies to count as exhausted.
BP-10 to the Regional Director. You have 20 calendar days from the date the Warden signed the response to file with the appropriate Regional Director. State specifically why you disagree with the Warden’s decision, and attach copies of the original BP-9 and the response. The Regional Director has 30 calendar days to respond, with one possible extension of 30 additional days.8eCFR. 28 CFR 542.15 – Appeals
BP-11 to the General Counsel. If the Regional Director denies the appeal, you have 30 calendar days from the date that response was signed to file a final appeal with the General Counsel’s office (the National Inmate Appeals Administrator). Attach copies of all prior filings and responses. The General Counsel has 40 calendar days to respond, with one possible extension of 20 additional days.6eCFR. 28 CFR 542.18 – Response Time
You cannot raise new issues on appeal that were not in the original BP-9, and you cannot combine appeals from different case numbers into one filing.8eCFR. 28 CFR 542.15 – Appeals Each appeal allows one continuation page, with extra copies required at each level.
Why This Process Controls Your Right to Sue
Under the Prison Litigation Reform Act, no prisoner can file a federal lawsuit about conditions of confinement until all available administrative remedies have been exhausted. The statute reads: “No action shall be brought with respect to prison conditions under section 1983 of this title, or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.”9Office of the Law Revision Counsel. 42 USC 1997e – Suits by Prisoners
In practical terms, that means completing every step: BP-9 to the Warden, BP-10 to the Regional Director, and BP-11 to the General Counsel. Skipping a level, or filing suit before the General Counsel responds, will almost certainly get the case dismissed.3Federal Bureau of Prisons. Program Statement 1330.18 – Administrative Remedy Program Talking to staff, writing a letter to the Warden, or submitting informal requests does not count. Only the formal grievance process satisfies the requirement.
Dismissal for failure to exhaust is usually without prejudice, so you may be able to refile once you complete the process, but only if the statute of limitations has not run in the meantime. The BP-9 is where the chain begins. Treat it like the first page of your case file, because that is what it becomes.