Prison Law & Procedures
With respect to a claim that an inmate’s civil rights were violated by the denial or delay of proper medical care, the grievance process usually begins by filling out a BP-8 form (also known as an informal complaint or cop-out) and giving it to staff. Each facility has its own process for informal complaints, so check with your Counselor to learn about the process at your facility. You must attempt to informally resolve the issue before a Request for Administrative Remedy can be filed.
STEP 1: Initial Filing
The formal complaint process begins by filing a Request for Administrative Remedy (BP-9) and giving it to the Warden. The BP-9 complaint must be filed within 20 calendar days from the date of the incident, unless it was not possible to do so, which must be documented in the complaint. The Warden has 20 calendar days to respond, which may be extended for an additional 20 calendar days. If the individual does not receive a response, the issue should be considered unresolved, and the inmate should proceed to the next step.
STEP 2: Appeal to Regional Office
If an inmate’s request is not rejected at the institution but the inmate is not satisfied with the Warden’s response, the inmate must file a Regional Administrative Remedy Appeal (BP-10) within 20 calendar days of the date of the Warden's response. The appeal must include copies of the BP-9 , the Warden's response, and any exhibits (providing 3 copies is typically recommended). The Regional Director has 30 calendar days to respond as of the date it is received, which may be extended for an additional 30 calendar days.
If the individual does not receive a response, the issue should be considered unresolved and proceed to the next step.
STEP 3: Appeal to Central Office
An inmate who is unsatisfied with the response from the Regional Director may appeal to the General Counsel in Central Office (BP-11) within 30 calendar days of the date the Warden signed the Regional Director's response. The appeal must include copies of the BP-9, BP-10, both responses, and any exhibits (providing 3 copies is typically recommended). The Central Office has 40 calendar days to respond as of the date it is received, which may be extended for an additional 20 calendar days.
Every inmate should know and follow all grievance rules and procedures, or risk losing the chance to recover for violations of their rights.