US · guidance
BOP Program Statement 5581.01 § 3
FILING A SMALL CLAIM
a. Requirements to File a Claim U nder 31 U.S.C. § 3723. All claims must meet the following
statutory requirements:
■ Claim is for damage to, or loss of, a current or former Bureau of Prisons (Bureau)
inmate’s privately owned property.
■ Loss must be caused by the negligence of an officer or employee of the U.S. Government
acting within the scope of employment.
■ Claim must be submitted within one year after accrual.
■ A claim may not be settled for more than $1,000.
b. Who May File a Claim. A claim may be filed by a current or former inmate who is the
owner of the damaged or lost property. A person acting on the inmate’s behalf as an agent,
parent, guardian, or other representative may file a claim if that person provides written
permission from the inmate to act on their behalf. If the inmate authorizes a lawyer or other
representative to act on their behalf, the Bureau will correspond only with that representative, not
the claimant.
c. Time Constraints on Filing a Claim. The claim must be filed within one year after the
claim accrues.
d. Claims Should Be F iled on Form BP-A0943. Inmates should file claims under 31 U.S.C. §
3723 using BP-A0943, Small Claims for Property Damage or Loss (31 U.S.C. § 3723), and
provide all necessary information, including:
■ Date of incident
■ Place where the incident occurred
■ Explanation of events
■ Witnesses
■ Description of property loss or damage
■ Proof of ownership
■ Sum certain claimed
■ Date of claim
■ Claimant or authorized representative’s signature
e. Claims Should Be Submitted to the Regional Office. The claim should be submitted to the
Regional Office in the region where the property loss occurred. Claims submitted at the
institutional level will be rejected and returned to the inmate with instructions to file at the
appropriate Regional Office. If an inmate files a claim regarding property lost during a transfer,
ordinarily that claim is handled by the sending institution with the assistance of the receiving
institution providing property forms. Claims submitted to the wrong Regional Office will be
5581.01 5/7/2026 PROPERTY OF US GOVERNMENT 3
transferred to the appropriate Regional Office.
f. Claims Will Be Tracked. Regional Counsel s taff will track all claims that are filed properly
within their regions. Claims will not be closed until they are settled, denied, or rejected.
History
PS 5581.01 dated 2026-05-07
Provenance
- Source
- bop.gov
- Retrieved
- 2026-09-20
- Edition
- bop-ps-2026-09-20
- Content hash
0416617f1294bc056a7e2e598eeaa26665e85bcaaaf1001699b118838314b4f4
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