BOP Program Statement 5581.01 § 4

a. Acknowledgment L etter. If the claimant has provided all necessary information to process

the claim, such as time, date, place where the incident occurred, and a specific damages request,

staff will send an acknowledgment letter to the claimant indicating the filing date and a claim

number. Staff will also notify the claimant of their responsibility to inform the agency of any

changes in address. Staff will reject claims that are unclear, illegible, fail to specify a sum

certain, or fail to provide a signature.

Legal staff will date-stamp all claims on the date they are received, whether the claims are

received in the proper office or not. A claim that is transferred to another Bureau office is

considered filed on the date when the claim was received by the transferring office. The office

responsible for the claim will then notify the claimant that the claim was transferred.

b. Investigation. The Regional Office will refer the claim to the appropriate institution or office

for investigation. Claim investigations should be completed within 60 days. The investigation

report must contain a summary of the facts and a recommendation as to the merits of the

inmate’s claim. The report should also include all records relevant to the claim. Investigators

may obtain additional information regarding relevant records and investigation reports from the

Office of General Counsel or their institution’s Consolidated Legal Center attorneys.

The claimant or representative can be required to provide additional information during the

investigation. Failure to respond within 60 days may result in the rejection or denial of the claim.

Claims filed by inmates in the Witness Security Program (WITSEC) must be handled in the

same manner as other claims, except that all correspondence and the resulting investigation must

be sent through the Inmate Monitoring Section, Correctional Programs Branch, Correctional

Programs Division.

c. Final Decision on Each Claim. The Regional Counsel, or designee, will review the

investigation and supporting evidence, and render a decision on all claims properly filed in the

Regional Office. After considering the merits of the claim, the Regional Counsel may deny or

propose a settlement of the claim. The settlement limit for claims filed under 31 U.S.C.§ 3723 is

$1,000.

d. Inmate Property Claims Filed under the FTCA Must Be Denied. If an inmate property

claim is incorrectly filed under the FTCA instead of 31 U.S.C. § 3723, staff must deny the FTCA

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claim. However, staff can consider the claim under 31 U.S.C. § 3723 without the claimant filing

another claim.

e. Depreciation Must Be Considered. Staff must consider depreciation of lost or damaged

property when settling a claim. The Bureau maintains a depreciation guide for staff reference.

f. Requests for Reconsideration. If a claim is denied or the claimant is dissatisfied with the

settlement offer, the claimant may request, in writing, that the Bureau reconsider the claim. The

request for reconsideration must be submitted within three months after the date of the decision

letter to the appropriate Regional Office. The claimant must include additional evidence of injury

or loss to support the request for reconsideration. There is no judicial review for claims decided

under 31 U.S.C. § 3723.

g. Timing for Bureau Response. Generally, claimants should receive a decision regarding

their claims within six months of when they properly file the claim.

h. Settlements Will Be P aid From the Judgment Fund. All settlements of 31 U.S.C. § 3723

claims are forwarded to the Judgment Fund Section, Financial Management Service, Department

of the Treasury, for payment.

REFERENCES

Federal Statutes

31 U.S.C. § 3723 Small Claims Act

ACA Standards

Performance-Based Standards and Expected Practices for Adult Correctional Institutions (5th

Edition): 5-ACI-3D-19, 5-ACI-5F-05

Performance-Based Standards and Expected Practices for Adult Local Detention Facilities (5th

Edition): 5-ALDF-6B-01, 5-ALDF-5B-19

Records Retention Requirements

Requirements and retention guidance for records and information applicable to this program are

available in the Records and Information Disposition Schedule (RIDS) on the Bureau’s intranet

site.

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