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Common Questions/Information
Medical Problems While Incarcerated
Protecting Your Medical Well Being While at
the DC Jail or Correctional Treatment Facility
If you are at the DC Jail or the Correctional Treatment Facility (CTF)
and are in need of medical assistance, we recommend you follow the steps
contained in this fact sheet. This sheet contains information about your
rights and responsibilities when seeking medical care while incarcerated
at the DC Jail or CTF.
Initial Medical Screen
- When you are processed through the DC Jail, you should receive
a medical screen.
- This screen should include the following tests:
- Pregnancy
- Tuberculosis
- HIV (Voluntary)
- Mental Health Screen
- If you have a pre-existing illness/condition and/or are currently
under the care of a physician, be sure to communicate this to the
medical professional who is conducting the health screen.
- If you are currently taking medication, be sure to communicate
this to the medical professional who is conducting the health screen.
- If you are later transferred to CTF, you will not receive a
second health screen.
Making an Appointment to See a Doctor/Nurse
- If you are experiencing a non-emergency type of medical problem,
you may request to see the institution’s doctor and/or nursing
staff.
- The first step is to immediately make a Sick Call Request.
- This can be done by filling out a Sick Call Form, which can
be obtained from the institution staff.
- Once you receive the form:
- Fill it out and include the symptoms
you are experiencing;
- The length of time you have been feeling these symptoms;
- Whether these symptoms are a result of a pre-existing condition;
and
- Any other details you think would assist the medical staff in diagnosing
your problem and determining the proper treatment.
- Once the Sick Call Form form is filled out, return it to the
DC Jail/CTF staff to be forwarded to the medical department
What To
Do When a DC Jail or CTF Medical Professional Sees You
- When an appointment is made for you to see the Medical Staff,
make sure to attend.
- The institution’s staff will escort you to the appointment,
but they will not force you to go if you end up changing your mind
or become unavailable.
- If it is unavoidable and you miss your appointment, fill out
another Sick Call Form and request a rescheduling of your original
appointment.
- Once you are seen, be as specific as possible when describing
your symptoms.
- When they treat you, and you have questions about the treatment
or think something more should be done, SPEAK UP and voice your concerns
immediately to whoever is treating you.
What To Do When a DC Jail or CTF Medical Professional Does Not See You
If you fill out a Sick Call Form and are NOT seen by the institution’s
medical staff, fill out and file an Inmate Grievance
Form to begin
the Inmate Grievance Procedure process.
- This is very important as
it establishes a paper trail of the steps you have taken in attempting
to get your medical needs met.
- Be as specific as possible as to the
names of people who you communicated with, and dates/times you
made your request and the response that was given to you (or non response)
when you made your request.
- Make sure you
receive a receipt (copy) of the Inmate Grievance Form for your
own records and as proof that you filed it. You can obtain this
from the person who takes your Inmate Grievance Form.
Contact Our Place, DC
If are seeking medical treatment at the DC Jail or CTF and do
not receive treatment AFTER going through the above steps, please call
Our Place, DC at 202-548-2400 and/or send copies of your IGPs/sick call
requests to our office and we will contact the DC Jail/CTF Administration
on your behalf.
Our Place, DC
801 Pennsylvania Avenue, SE
Suite 460
Washington, DC 20003
202-548-2400
This information is to be used for purposes of general information,
and not be taken as legal advice, or the forming of an attorney client
relationship
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Sentence Reductions
The law regarding sentence reductions has been changed many times over
the last few years. The law that applies to you depends on the
date that you committed the offense for which you are being held.
If your offense was committed between April 11,
1987 and June 21,
1994*:
- You can earn Institution Good Time off of your term.
- You
can earn Education Good Time of between 3 and 5 days a month.
- You
may earn Extra Good Time.
- You are eligible for parole.
*We also have information available if your date of offense is before
April 11, 1987.
If your offense was committed between June 22, 1994 and August 11, 2000:
- You cannot earn Institutional Good Time.
- You can earn Education
Good Time of between 3 and 5 days a month.
- You are eligible for
parole.
- If you would like to apply for a sentence reduction, you
must serve at least three years of your sentence.
- After you have
served at least three years, you can apply to the Parole Commission
for a sentence reduction.
- In order to have your minimum sentence
reduced, there is a process of review your application must go through:
1)
Your application is reviewed by your USPC case analyst.
2) If your case analyst initially approves your application, it is
then forwarded to the General Counsel’s office of the USPC.
3) If there is no objection, the General Counsel then forwards
your application to the US Attorney’s office.
4) The US Attorney’s office then files your application with
the court.
5) The court then makes the final decision regarding the reduction
of your minimum sentence.
- During this review process, there are several
things that will be taken into consideration by the Parole Commission and the
Courts:
1) Have you shown an “outstanding” and “sustained” response
to the rehabilitative programs in prison?
2) Have you strictly observed the rules of the institution?
3) Are you an acceptable risk for parole? (will not commit further
crimes if released).
4) Will serving the original minimum term of your sentence not achieve
appropriate punishment and deterrence?
- This is a very slow process,
and you have to be very patient with the system.
- If you are
denied by the USPC at either step 1 or step 2, you must wait two
(2) years before you can file another request.
- If you are denied
by the court in the final step, you cannot appeal this decision unless
the court says in the decision that you will be allowed to appeal.
If your offense was committed after August 11,
2000:
- The only sentence reduction you get is 54 days
a year for Good Conduct Time. This means that you are required
to serve at least 85% of your sentence.
- There is no longer any
parole.
- You cannot earn Education Good Time.
- If you do not think you are getting the 54 days a year off
of your sentence for Good Conduct Time, you should first contact
your case manager.
- If you do not feel you are getting a proper
response from your case manager, you can contact Our Place or contact
the BOP DC Records Center at PO Box 90004, Petersburg, VA 23804 or
(804) 722-7881.
How does completing prison programming affect my sentence?
The Parole
Commission allows for a reduction in your minimum sentence if you have
superior program achievement in educational, vocational, industry,
residential substance abuse programs of at least 500 hours, and counseling
programs. This type of sentence reduction will only be given if your
program achievement will enhance your ability to lead a law abiding life
or if your conduct has had a significant positive impact on the operation
of the prison. You may apply for this type of consideration at an initial
hearing, interim hearing, and pre-release review.
Can I write my judge about my sentence?
The judge is not in a position
to change your sentence without a court process. It is best to contact
the lawyer who originally represented you. Please feel free to contact
Our Place, DC if you need assistance getting in touch with your attorney.
Are there any other circumstances in which my sentence might be reduced?
Yes,
through either (1) medical parole or (2) geriatric parole. In order
to apply for either type of parole, you or your representative should
submit an application to the prison case management staff, showing that
you will not be a danger to yourself or others if you are released. The
case management staff will gather the necessary medical reports and send
them to the parole commission. If you are convicted of first-degree murder
or sentenced for a crime committed while armed, you are not eligible
for these types of parole. If you are denied this type of parole, you
may appeal the decision if your medical situation changes.
(1) Medical Parole-If you are terminally ill or are permanently incapacitated,
you may be released before you complete your sentence.
- In order to be released for a terminal illness, the prison’s
medical staff must show that you are within six months of death.
- When
applying for medical parole on the basis of being incapacitated,
the Commission will look to the seriousness of the crime.
(2) Geriatric
Parole-If you are at least 65 years old and have a chronic disease or illness
related to aging, you may be released before your minimum sentence. The Commission
will look to your age, how severe your illness or disease is, your health evaluations,
your institutional behavior, the risk you might be violent, your criminal history,
and whether you could be held in a non-prison setting.
What do you mean when you say that I should “apply” for
a sentence reduction?
Whenever we use the word “apply,” we
do not mean that you need to find any special forms. We only mean that
you need to communicate the necessary information in writing to the proper
individuals.
Will you represent me?
Unfortunately, due to limited resources, Our Place
can only assist incarcerated or formerly incarcerated women who are DC
residents. If you are a DC resident and are seeking a sentence reduction,
please feel free to contact Our Place, DC. Everyone’s situation
is different, and we invite you to contact Our Place so that we may be
able to help you individually with your application. If you are not a
DC resident, we will often be able to connect you with an organization
that can provide you more direct services.
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What You Should Know About Parole in the District of Columbia
What is Parole?
Parole is the decision by a parole authority that a prisoner is eligible
for release from prison and can return to the community. A release on
parole is accompanied with specific conditions and requires that an individual
comply with the terms and conditions set by the paroling authority.
Who has the authority to grant me parole?
Up until 1998 the D.C. Board of Parole had the authority to grant parole
and make revocation decisions for all persons sentenced in D.C. Superior
Court for committing a D.C. code offense. However, the U.S. Parole Commission
has been given the sole authority to:
(a) grant parole, and
(b) establish the conditions of release for all D.C. prisoners who are
serving sentences for felony offenses.
In addition, the Commission has authority over all D.C. felony offenders
who have been released to parole or mandatory release supervision, including
the authority to return such offenders to prison upon an order of revocation.
This authority is granted pursuant to the National Capital Revitalization
and Self-Government Improvement Act of 1997.
There are different federal rules for D.C. code offenders (individuals
sentenced in D.C. Superior Court) and federal offenders (individuals
sentenced in federal court). A summary of these differences will be published
in the next Information Bulletin.
What types of parole hearings are there?
There are several types of parole hearings that can be conducted for
D.C. code offenders. They include:
(a) initial parole hearings,
(b) parole rehearings,
(c) revocation hearings,
(d) reparole hearings,
(e) reduction in minimum sentence, and
(f) recsission hearings.
The four most common types of hearings are initial
hearings, parole reconsideration hearings, revocation hearings and
reparole hearings.
An initial hearing is a hearing conducted after the prisoner has served
a minimal portion of his or her sentence. An initial hearing determines
whether or not he or she should be paroled from their sentence.
A rehearing is a hearing conducted after a person has been denied parole
at least once. The purpose of this hearing is to determine whether the
parole authority should grant the individual parole based on changes
since his or her last parole hearing.
A revocation hearing is a hearing conducted on behalf of persons who
have previously been granted parole but their parole officer alleges
that they have violated one or more of their conditions of parole. The
parolee is generally taken back into custody. A revocation hearing is
expected to be scheduled promptly after the parolee has been taken back
into custody.
A reparole hearing is a hearing conducted after a parolee has been revoked
and finished serving the set-off time given by the parole authority.
The purpose of the reparole hearing is to determine whether the prisoner
should be given another chance at parole and returned to the community.
How do I apply for parole?
Every person who desires to have a parole hearing before the U.S. Parole
Commission should apply for parole by completing a Notice of Hearing-Parole
Application/Waiver form. This form should be provided by your case manager
and should be forwarded to the Parole Commission along with a completed
parole package. A prisoner who declines either to apply or waive parole
consideration will be deemed to have waived parole consideration. In
other words, you are responsible for applying for a parole hearing.
How can my family support me during my parole hearing?
Your family can send written letters of support to the Parole Commission
to support your application for parole. These letters must be sent at
least 30 days prior to your scheduled hearing to be considered at the
hearing. Any person who sends a letter of support may also request permission
to appear at the offices of the Commission to speak to a Commission staff
member, provided such request is received at least 30 days prior to the
scheduled hearing. The address for the United States Parole Commission
is listed at the end of this Information Bulletin.
What rules will the Commission apply when making a parole determination?
The Revitalization Act also granted the United States Parole Commission
the authority to issue rules for parole eligible D.C. code prisoners
and parolees. These rules and regulations are published in the Federal
Register at Vol. 65, No. 144 and were voted into law on July 26, 2000
in final form.
How is parole eligibility calculated by the salient factor score?
The U.S. Parole Commission determines an individual’s parole eligibility
by what is called a salient factor score. The salient factor score is
used to assess the probability of an offender living in the community
without violating the law. The salient factors that are considered by
the Commission are:
Item A: Prior Convictions/Adjudications (Adult or Juvenile)
Item B: Prior Commitment(s) of More Than 30 Days (Adult of Juvenile)
Item C: Age at Current Offense/ Prior Commitments
Item D: Recent Commitment Free Period (Three Years)
Item E: Probation/Parole/Confinement/Escape Status Violator This Time
Item F: Older Offenders
= Total Score
The higher an individual’s salient factor score, the Commission
believes that it is less likely that the person will re-offend.
At a parole grant rehearing after the salient factor score is assessed
the Commission will then apply the point assignment table to determine
the total point score. This is outlined
at Section 2.80 of the federal regulations. The point assignment table will
look at five categories to determine the total point scoring including:
Category 1: Risk of Recidivism
Category 2: Current or Prior Violence (Type of Risk)
Category 3: Death of Victim or High Level Violence
Category 4: Negative Institutional Behavior
Category 5: Program Achievement
If the total point equals 0, the Parole Commission may parole with low-
level supervision.
If the total point equals 1, the Parole Commission
may parole with high -level supervision.
If the total point equals 2,
the Parole Commission may parole with the highest -level supervision.
If
the total point equals 3+, the Commission may deny parole.
At parole revocation and reparole hearings the Commission will determine
the severity category after the salient score factor has been assessed
pursuant to Section 2.20. The offense categories range from category
one to category eight. The guideline range is determined by the offense
behavior and could be as low as less than four months and as high as
one hundred and eighty months. All technical violations (no new criminal
charges) are rated as category one offenses.
Remember that no matter what the guideline range determined by the U.S.
Parole Commission, they have complete discretion to go below or above
the range determined by the guidelines.
How can I determine who my Commission analyst is?
You can determine your United States Parole Commission (USPC) analyst
by your D.C. identification number. The third digit in your DCDC number
will identify your USPC analyst using the following:
Deidre Jackson 0,1
Marc Bransky 2,3
Mary Jo Williams 8,9
Deborah Dudley 4,5
JoAnn Kelly 6,7
After the hearing when can I expect a decision from the Commission?
The Commission will usually forward a decision to you or your attorney
(if represented) within 21 days after the date of the hearing. This is
called a Notice of Action.
Do I have a right to have counsel at my hearing?
Every prisoner who desires legal representation at a parole revocation
hearing may be represented by counsel (either private attorney or the
D.C. Public Defender Service). You also have a right to counsel if you
are appearing for a parole hearing in a federal facility (including federal
contact facilities). A prisoner appearing for a parole hearing in any
other facility can not be accompanied by counsel or any other person
(except a staff member of the facility), except in such facilities as
the Commission may designate as suitable for the appearance of representatives.
Can I write or call the Commission?
Yes, you may write or call the Commission at the address below:
United States Parole Commission
5550 Friendship Blvd
Suite 420
Chevy Chase, MD 20815
Phone: (301) 492-5990
This Information Bulletin was prepared by Olinda Moyd, Director, Our
Place, D.C. Legal Services Clinic. If you have any questions please call
or write Ms. Moyd or Angela Killian at Our Place, D.C.
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What You Should Know About
Uncontested Divorces in the
District of Columbia
What is an uncontested divorce?
An uncontested divorce is a divorce where the parties in a marriage
have resolved all issues and court is only asked to decide whether a
party seeking a divorce has established the legal grounds for obtaining
a divorce.1 An uncontested divorce means that neither party objects to
it.
What are the legal grounds for a simple uncontested divorce?
In order to obtain a simple uncontested divorce in the District of Columbia,
a party seeking a divorce must first only demonstrate one of two legal
grounds for an absolute divorce. First, he or she may show that both
parties to the marriage have mutually and voluntarily lived separate
and apart without cohabitation six months before filing for a divorce.2
Alternatively, he or she may show that both parties to the marriage have
lived separate and apart without cohabitation one year before filing
for a divorce.3
How can I initiate an action for obtaining a simple uncontested divorce?
First of all, a party seeking a simple uncontested divorce in the District
of Columbia must first file a complaint, summons, and vital records statistical
information form. The cost for filing for a divorce is $80 which must
be paid to the clerk at the time of filing.4 Second, a party seeking a
divorce must serve the defendant with summons and the complaint within
60 days from the date in which the summons is actually issued.5 A summons
is a verification that the person has received a copy of the compliant.
What happens if I am unable to serve the defendant within 60 days?
If a party is unable to serve the summons and complaint within 60 days,
then he or she must return the summons and the complaint to the family
clerk’s office within the 60 –day period. You must requests
an extension in writing to the clerk. The extension must be written and
signed and you must include a certification of good faith efforts to
effect service.6 Subsequently,
the clerk will reissue the summons and the person seeking a divorce will
have 60 days from that date to serve the defendant.7 In the
event a party seeking the divorce has reason to believe that it would
take more than 120 days to serve the defendant, he or she should file
a motion for additional time.8
Because you are the party filing for the divorce you are the plaintiff.
The party you are seeking the divorce from is defendant.
What must I do after I have served the defendant with the summons and
complaint?
Generally, if a party seeking a divorce is able to serve the defendant
within 60 days of filing the complaint, he or she must then file his
or her proof of service. Proof of service must be filed in one of two
ways. First, it may be filed on the summons form by completing the appropriate
section.9 Alternatively, it may be filed in the form of an affidavit by
writing out a sworn statement outlining when and where service was
made.10
What will happens if I am unable to provide proof of service?11
More importantly, if a party seeking a divorce is unable to demonstrate
his or her proof of service, it will not have an affect on the validity
of the service of the summons and complaint. Nonetheless, the court may
dismiss the person’s case without prejudice for lack of proof of
service.
What methods can I use to serve the defendant?
A party seeking a divorce can serve the defendant in number of ways.
First of all, a party may get a competent person who is at least 18 years
of age and who is not a party to the action to personally serve the defendant
with the summons and complaint.12 Second, he or she may send the summons
and complaint by certified mail or registered mail.13 The returned receipt
can then be used to show proof of service to the court. Third, he or
she can post? the summons and complaint.14 Finally, he or she can publish
the summons and complaint in a local newspaper or daily periodical.15 This
publication must be over an extended period in widely read newspapers
or periodicals.
What happens after I serve the defendant with the summons and compliant?
After the person seeking the divorce serves the defendant, the defendant
will have approximately 20 days to answer the complaint.16 If the defendant
fails to answer the complaint within 20 days, the person seeking a divorce
should file a default order.17 This is a request that the court rule in
your favor based on the defendant’s failure to respond. After the
default order is filed, the clerk’s office will notify the person
seeking the divorce of the actual hearing date.
How can I obtain a final hearing for divorce?
A party seeking a divorce may obtain a final hearing either one of two
ways. First, he or she may obtain a final hearing through the default
procedure or he or she may file a joint motion stating that the divorce
is uncontested.18 If a party elects the latter, the defendant
must file an answer stating that there are no disputed issues and that
he or she agrees the divorce should be granted by the court.19 After,
the defendant files his or her answer, the case will be placed on the
uncontested calendar and an hearing will be held before a D.C. Superior
Court Hearing Commissioner.
What should I bring to the hearing?
At the uncontested hearing, you should bring certified copy of the
marriage certificate and a proposed judgment of absolute divorce.
Footnotes
1 See
THE DISTRICT OF COLUMBIA PRACTICE MANUAL (10th Ed. 2001). The District
of Columbia Practice Manual is a joint project of the District of Columbia
Bar and the sections of the District of Columbia Bar. See also the
District of Columbia Superior Court General Family Rules.
2 D.C. CODE ANN. § 16-904 (a) (1) (2001).
3 § 16-904 (a) (2) (2001).
4 See Super. Ct. Gen. Fam. R. C (1).
5 If a party serves the defendant after 60 days after being issued
a summons, the service will be deemed void and the filing clerk will
not accept the affidavit of service. See Super. Ct. Dom. Rel. R. 4(l).
6 See Super. Ct. Dom. R. 4 (l). See also THE DISTRICT OF
COLUMBIA PRACTICE MANUAL, supra note 1.
7 Id.
8 Id.
9 Super. Ct. Dom. R. 4 (j).
10 Id.
11 Id.
12 See Super. Ct. Dom. Rel. R. 4(c).
13 Super. Ct. Dom.
Rel. R. 4 (c).
14 Super. Ct. Dom. Rel. R. 4 (g).
15 Super. Ct. Dom. Rel. R. 4 (f).
16 Super. Ct. Dom. Rel. R. 12 (a).
17 THE DISTRICT OF COLUMBIA PRACTICE MANUAL, supra note 1.
18 Id.
19 Id.
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What You Should Know About Filing an Inmate Grievance or Administrative Remedy Request
Whether you are housed at the Federal BOP, DC Jail, Central Treatment Facility or Community Corrections Center (Halfway House), you are entitled to address your own issues/problems with the institution, if they cannot be solved in an informal way, through the institution’s internal Inmate Grievance or Administrative Remedy Process. You can use this process to make complaints about prison policies, prison conditions, incidents involving other prisoners or correctional employees within the facility, and to report the loss or damage of your property. You should not use this process to bring up issues regarding parole decisions, adjustment/housing board decisions, classification committee decisions, Freedom of Information Act requests, inmate accident claims, or any other personal injury claim.
Depending on where you are housed, the rules are different regarding time limitations, steps you must follow and who to address your forms to. The following information is meant to give you guidance if you wish to file a Grievance or Administrative Remedy Request.
If you are confined in the District of Columbia (DC Jail, CTF or Halfway House)
How do I begin the Inmate Grievance Process (IGP)?
- You must file your IGP form within 15 days of the date of the incident you are writing about. You may ask the Warden in writing for an extension, but they are almost never granted.
- You can only describe one incident per IGP form.
- You can only file an IGP form about something that happened directly to you.
- You should obtain an IGP form from a correctional officer in your unit.
- If you cannot obtain an IGP form, write your complaint on paper labeled “INMATE GRIEVANCE PROCEDURE.” The complaint should contain the following:
- Your full name and DCDC number.
- Your cell block number.
- The name of your correctional facility.
- Specific details of your complaint.
- The remedy you are seeking and what you want the Warden to do about your problem.
- Your signature.
- The date you file the complaint.
- You should address the grievance to the Facility Grievance Officer.
- If your facility has one, you should put your grievance letter in a Grievance Drop Box instead of giving it to an officer.
What happens after I file an IGP form?
Within 15 days of when you filed your IGP form, the Warden’s response should be delivered to you. The response should give the reasons for the decision. If the Warden is unable to make a decision within 15 days, you should be notified of any delay in writing.
Who reads my IGP form?
The records concerning your IGP form are supposed to be confidential. This means that if you complain about a particular person, that person should not be allowed to participate in the investigation of your grievance. Other prisoners should not participate in the IGP investigation unless you want them to. If your complaint is particularly sensitive (involving sexual harassment, for example) and you believe that you would be negatively affected if officers knew you were filing an IGP form, you may send the IGP form directly to the Director of the Department of Corrections through the institutional mail system.
Also, it is important to know that no matter who ends up reading your IGP form, it is against the law for prison officials to retaliate against you for filing a complaint. Despite retaliation being against the law, it may still be a good idea to stay out of the way of the person you complained about to avoid any confrontational situations.
What if I don’t like my response or I don’t get a response?
- If you are not satisfied with your decision, or the time period in which you should have received a response has passed, you may file an appeal to the Deputy Director of the Department of Corrections within 5 days of receiving a response to your complaint, or when you should have received a response to your original IGP form. In your appeal, you should explain why you believe the decision was incorrect or that you have not received any response from your original IGP form.
- You should fill out a form entitled “Inmate Grievance Procedure Appeal.” If you cannot obtain a form, simply write your appeal on a piece of paper with “IGP Appeal” written on it.
- You should include a copy of your original IGP and the response you received with your appeal.
- The Deputy Director has 15 days to respond to your appeal.
- If you wish to appeal the Deputy Director’s decision, you can make a final appeal to the Director of the DC Department of Corrections within 5 days of receiving the response to your appeal.
- Use the special form entitled “Inmate Grievance Procedure Appeal (Director’s Remedy)” or write this title on a piece of paper.
- Attach to this final appeal your original IGP form, the response you received from the Warden, and the response you received from the Deputy Director.
- The Director must respond to your appeal within 15 days.
What if I’m at CTF?
Filing an IGP form is the same at CTF as the jail. The Appeals Process at CTF is different because you are required to write to different people.
- If you are not satisfied with your decision, or the time period in which you should have received a response has passed, you may file an appeal to the Warden within 5 days of receiving a response to your complaint. In your appeal, you should explain why you believe the decision was incorrect.
- You should fill out a form entitled “Inmate Grievance Procedure Appeal.” If you cannot obtain a form, simply write your appeal on a piece of paper with “IGP Appeal” written on it.
- You should include a copy of your original IGP form and the response you received with your appeal.
- The Warden has 15 days to respond to your appeal.
- If you wish to appeal the Warden’s decision, you can make a second appeal to the Contract Monitor within 5 days of receiving the response to your appeal.
- The Contract Monitor has 15 days to respond to your appeal.
- If your wish to appeal the Contract Monitor’s decision, you can make a final appeal to the Director of the DC Department of Corrections within 5 days of receiving the response to your appeal.
- Use the special form entitled “Inmate Grievance Procedure Appeal (Director’s Remedy)” or write this title on a piece of paper.
- Attach to this final appeal your original IGP form, the response you received from the Warden, and the response you received from the Contract Monitor.
- The Director must respond to your appeal within 15 days.
What if I am in segregation or isolation?
The only difference when filing from segregation or isolation rather than from the general population is that you should give your grievance letter to a staff member in the grade of Assistant Supervisor or above.
What if I am in a half-way house?
The procedure for filing an IGP from a half-way house is slightly different from the procedure for filing an IGP from a correctional facility. You should look at the questions regarding how to file an IGP and how to appeal, but should use the following changes:
- Instead of writing to the Warden, you should write to the Halfway House Administrator.
- You should receive a response within 10 days of the date you file an IGP from a halfway house.
- If you choose to appeal, you may file an appeal with the Administrator for Community Release Programs within 5 days of receiving your initial response.
- The Administrator for Community Release Programs has 10 days to respond to your appeal.
- If you are not satisfied with the Administrator for Community Release Programs decision regarding your appeal, you can make an appeal to the Deputy Director for institutions within 5 days of receiving your response.
- The Deputy Director must respond to your appeal within 10 days.
- If you are not satisfied with the Deputy Director’s response, you can make a final appeal to the Director of the DC Department of Corrections within 5 days of receiving your response.
- The Director must answer your appeal within 15 days.
What if I am in an emergency situation?
- If you believe the following the normal IGP procedure will place you at risk of harm or injury, you can file an emergency grievance. If this is the case, you should use the regular IGP form or a piece of paper but should write “EMERGENCY GRIEVANCE” and explain why this is an emergency.
- You should give your grievance letter to a staff member in the grade of Assistant Shift Supervisor or above.
- If the Warden or Administrator agrees that this is an emergency, he or she must answer within 72 hours.
- If the Warden or Administrator does not believe this is an emergency, you may appeal within 48 hours. You should receive a response to this appeal within 72 hours.
If you are in the Federal Bureau of Prisons Facility:
What do I do first when a problem arises?
Before you file a request for Administrative Remedy, you must first try to resolve the issue(s) informally. This means you must first contact staff, and staff shall attempt to informally resolve the issue.
There are exceptions to this requirement which include:
- You are housed at a Community Correctional Center;
- The issue involves something of a “sensitive” nature and your safety and well being would be put in danger by going through normal institutional procedures;
- The Warden or Administrative Remedy Coordinator waives it when you demonstrate an acceptable reason for bypassing the normal institutional procedures.
Each institution creates its own system of how to submit and process informal complaints. Check with your counselor to find out how to file an informal complaint.
You have 20 days from the date of the incident to file your complaint. Prison staff does not have a deadline to respond to your complaint.
What if I do not receive a response to my informal complaint or I am dissatisfied with the response?
If you do not receive a response to your informal complaint, or you are dissatisfied with the response, than you may begin the Formal Administrative Remedy process.
This starts by you filling out and filing the Administrative Remedy Request Form (Form BP-9) within 20 days from the date of the incident. This form can be obtained from institution staff.
If you cannot file your form within the 20 day time period, you may ask for an extension if the reason is deemed valid by the institution.
Keep the following things in mind:
- Be as detailed as possible. If you run out of room on the form, you can attach an extra letter-sized piece of paper. DO NOT attach more than one extra page.
- Only use one form per incident. DO NOT describe multiple incidents on a single form.
- Make sure to include when you made your informal complaint (if you made one) and what response you got, if you got one at all.
- MAKE COPIES. At least three, and even if it means writing it out again by hand.
If you want to file an Administrative Remedy Form that involves an the issue of a “sensitive” nature and your safety and well being would be put in danger by going through normal institutional procedures, you may skip this level and submit your form to the Regional Director:
- You must mark your form “Sensitive” and explain in writing why you are not submitting the request at the institutional level. If it is not determined to be sensitive by the Administrative Remedy Coordinator, you will be notified in writing and can re-submit your form to the Warden.
Be sure to include any response you received from your informal complaint.
The Warden has 20 days to respond to your form, unless the request is of a type that threatens your immediate health or welfare, than the Warden shall respond within 3 days of filing.
What if I am dissatisfied with the response I receive from the Warden?
If you are unhappy with the response you receive from the Warden, you may file an Appeal (Form BP-10) to the appropriate Regional Director within 20 days from the date that the Warden signed your response.
Keep the same things in mind at this stage as with filing your form with the Warden in regards to detail, copies, extra pages, issues to address, etc. Also, be sure to attach the responses you have received up to that level.
The Regional Director has 30 days to respond to your appeal.
What if I am dissatisfied with the response I receive from the Regional Director?
If you are unhappy with the response you receive from the Regional Director, you may file an Appeal (Form BP-11) to the General Counsel within 30 days from the date that the Regional Director signed your response.
Be sure to attach your responses at every level up to appealing to the Regional Director, and state clearly why you are now appealing to the General Counsel.
The General Counsel has 40 days to respond to your appeal.
Appealing to the General Counsel is the final administrative appeal you can exhaust.
Can I raise issues in an appeal that I did not bring up through the Administrative Remedy process?
No. You cannot file an appeal to an issue that you did not originally file an informal complaint, and subsequent forms.
Can I combine multiple Administrative Remedy forms into one single appeal?
No, you must file separate appeals for all separate Administrative Remedy forms that are filed.
What are my rights and responsibilities?
You have the right not to be mistreated or harassed. However, you have the responsibility to only file an IGP or request for Administrative Remedy when there actually is a situation that cannot be resolved through other means. You shouldn’t file more forms than are necessary because then you might seem like you are “crying wolf.”
What can I do to help myself?
The most important thing you can do to help yourself is to keep three copies of everything you write and everyone you speak with, even if it means writing out your forms twice in order to have copies. You should also write down the date on which you file all grievances or appeals. By keeping a copy, you will be able to show what you have done if you do not get a response or you need to file an appeal. Also, when you file you forms, get a receipt from the person who takes your form to act as proof that you turned in the form. And most importantly: BE VIGILANT, and do not give up. It is a slow process, but keep at it until you get the response you are entitled to.
Why is this important?
This information is important because if you ever want to file a federal lawsuit while you are a prisoner, the Prison Litigation Reform Act (PLRA) requires that you MUST FIRST exhaust all your ADMINISTRATIVE REMEDIES. This means, you must go through the process of filing the proper forms and going through the Appeal Process.
More Questions?
If you have more questions about your individual situation, please call Our Place at 202-548-2400 and we can walk you through the necessary steps to protect your rights whether you are at a local DC Facility or at a Federal Bureau of Prisons Facility.
Who do I write to within the prison system?
District of Columbia
Director of DC Department of Corrections
Odie Washington
DC Department of Corrections
1923 Vermont Avenue NW
Suite 207
Washington, DC 20001
Deputy Director of DC Department of Corrections
Patricia Britton
DC Department of Corrections
1923 Vermont Avenue NW
Suite 207
Washington, DC 20001
Administrator for Community Release Programs
James Murphy
DC Department of Corrections
1923 Vermont Avenue NW
Suite 207
Washington, DC 20001
Contract Administrator
Barbara Hart
CCA/CTF
1901 E Street, SE
Washington, DC 20003
Warden of DC Jail
Warden Smith
1901 D Street, SE
Washington, DC 20003
Warden of CTF/CCA
Warden Figueroa
CCA/CTF
1901 E Street, SE
Washington, DC 20003
Halfway House Administrator
Agnes Brown
Fairview Halfway House
1430 G Street, NE
Washington, DC 20002
Federal Bureau of Prisons
Office of General Counsel
Federal Bureau of Prisons
320 First St., NW
Washington, D.C. 20534+
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
Some of this information was modified from a publication by Brenda V. Smith entitled A Vision Beyond Survival: A Resource Guide for Incarcerated Women.
This information is to be used for purposes of general information, and not be taken as legal advice, or the forming of an attorney client relationship.
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