Inmate Property Claims (Program Statement 5581.01)

By Elizabeth Franklin-Best, Esq., and Christopher Zoukis, JD, MBA

Field	Value
Program Statement	5581.01
Subject	Inmate Property Claims
Effective / current edition	05-07-2026
Change notices	None. This is the first edition under the 5581 number.
Supersedes	PS 5580.09, Inmate Property Claims (3/20/2018), rescinded — PS 5581.01 at p. 1. The subject was also moved out of the 5580 series into its own number.
Governing statute	31 U.S.C. § 3723, the Small Claims Act — “[t]he head of an agency … may settle a claim for not more than $1,000 for damage to, or loss of, privately owned property.”
28 C.F.R. anchor	None. No regulation in title 28 implements § 3723 for BOP property claims — this route lives in statute and policy only. The nearest regulation, 28 C.F.R. part 543, subpart C, is titled “Federal Tort Claims Act” and governs a different route. See What binds and what does not.
Related BP forms	BP-A0943, Small Claims for Property Damage or Loss (31 U.S.C. § 3723) — PS 5581.01 at p. 2. Not the SF-95, which belongs to the tort-claim route.
Official PDF	bop.gov/policy/progstat/5581_001.pdf

Checked against the BOP policy set · 2026-09-06.

If the Bureau of Prisons lost or destroyed your property — during a transfer, a shakedown, a SHU placement, a facility closure — this is the policy that says how you ask to be paid for it. Program Statement 5581.01 routes every such claim into the Small Claims Act, 31 U.S.C. § 3723, on form BP-A0943, filed with the Regional Office, within one year, for no more than $1,000.

That last sentence contains four numbers and three ways to lose. This page carries all of them, in the Bureau’s own words. For the neighboring route — a claim for personal injury rather than property — see how to file a tort claim against the Bureau of Prisons and the policy page for the Federal Tort Claims Act (PS 1320.07). The two are not interchangeable, and filing on the wrong one is the most common and most expensive mistake in this area.

The rule itself: property claims

Everything quoted below is transcribed from the Bureau’s own text at bop.gov/policy/progstat/5581_001.pdf.

The scope, and who decides

PS 5581.01 at p. 1, verbatim:

1. PURPOSE AND SCOPE

All claims for damage to, or loss of, an inmate’s privately owned property detained by staff must be processed under the Small Claims Act, 31 U.S.C. § 3723. This program statement instructs staff on the system for filing, investigation, and payment of these inmate property claims.

2. DELEGATION OF AUTHORITY

Regional Counsel are delegated authority to consider, adjust, determine, compromise, settle, and pay inmate property claims filed under the Small Claims Act, 31 U.S.C. § 3723.

Two things follow immediately. The decision-maker is Regional Counsel — a lawyer in one of BOP’s six regional offices, not your Warden, not your unit team, and not anyone at your institution. And the policy’s stated objective at p. 1 is that claims “will be acknowledged, investigated, and approved or denied within the time frames and according to the procedures in this program statement.” There is no Institution Supplement: p. 1 says “Institution Supplement. None.” Nothing about this process is set locally.

The four statutory requirements

PS 5581.01 at p. 2, verbatim. Each of these tracks 31 U.S.C. § 3723, and a claim that fails any one of them cannot be paid under this route:

a. Requirements to File a Claim Under 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.

The statute itself says the same things in its own words. Section 3723(a) authorizes an agency head to “settle a claim for not more than $1,000 for damage to, or loss of, privately owned property that— (1) is caused by the negligence of an officer or employee of the United States Government acting within the scope of employment; and (2) may not be settled under chapter 171 of title 28.” Section 3723(b): “A claim under this section may be allowed only if it is presented to the head of the agency within one year after it accrues.” And § 3723(c): a claim “may be paid … only if the claimant accepts the amount of the settlement in complete satisfaction of the claim against the Government.”

Read the second requirement carefully, because it is where most claims actually fail. Negligence means carelessness by staff acting in the scope of their job. Property that was properly confiscated as contraband was not lost through negligence; property you gave to another person was not in the Bureau’s hands; and property that simply wore out is not a claim. The Program Statement gives staff a companion instruction on the last of these: “Staff must consider depreciation of lost or damaged property when settling a claim. The Bureau maintains a depreciation guide for staff reference” (p. 4).

Who may file

PS 5581.01 at p. 2, verbatim:

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.

Note two consequences. A former person in custody may still file — release does not close the door, though the one-year clock keeps running. And the moment a representative is authorized, all correspondence goes to that representative and stops going to the claimant. A family member helping from outside should send the written authorization with the claim, not afterward.

The form, and what has to be on it

PS 5581.01 at p. 2, verbatim:

d. Claims Should Be Filed 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

Four of those nine items are rejection triggers. PS 5581.01 at p. 3: “Staff will reject claims that are unclear, illegible, fail to specify a sum certain, or fail to provide a signature.”

A “sum certain” is a single specific dollar figure — not “the value of my property,” not “approximately $600,” not a range. It is the one thing on the form that cannot be fixed by explanation. Proof of ownership is the other hard one, and it is worth knowing in advance what counts: the BP-A0383, Inmate Personal Property Record, which PS 5580.10 at p. 7 directs “will be provided to the inmate at the conclusion of the initial property inventory or any subsequent inventory,” with “[a] copy of the BP-A0383 … maintained in the Inmate Central File”; commissary receipts; and the BP-A0821, Transfer Receipt, used “to document all packages delivered to transporting” (PS 5580.10 at p. 17). Our page on Inmate Personal Property (PS 5580.10) covers those records.

Where it goes, and where it must not go

PS 5581.01 at pp. 2–3, verbatim:

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 transferred to the appropriate Regional Office.

This paragraph resolves the single most common practical question — my stuff disappeared somewhere between two prisons in two different regions; who do I file with? The answer is the region where the loss occurred, and for transfer losses the sending institution ordinarily investigates. A claim sent to the wrong region is transferred rather than rejected, and the Bureau treats the filing date as the earlier one: “A claim that is transferred to another Bureau office is considered filed on the date when the claim was received by the transferring office” (p. 3). A claim handed to staff at your institution, by contrast, is rejected and returned — the clock keeps running while it travels back to you.

Legal staff “will date-stamp all claims on the date they are received, whether the claims are received in the proper office or not” (p. 3), and Regional Counsel staff “will track all claims that are filed properly within their regions. Claims will not be closed until they are settled, denied, or rejected” (p. 3).

The clock

Every figure below is transcribed from the source cited. Nothing here predicts whether a claim will be paid or in what amount — those are discretionary decisions made by Regional Counsel on the individual record.

Step	The rule, in the source’s own words	Source
Deadline to file	“Claim must be submitted within one year after accrual.” The statute: “A claim under this section may be allowed only if it is presented to the head of the agency within one year after it accrues.”	Statute — 31 U.S.C. § 3723(b); PS 5581.01 at p. 2
Settlement ceiling	“A claim may not be settled for more than $1,000.” And: “The settlement limit for claims filed under 31 U.S.C. § 3723 is $1,000.”	Statute — 31 U.S.C. § 3723(a); PS 5581.01 at pp. 2, 3
Form	“BP-A0943, Small Claims for Property Damage or Loss (31 U.S.C. § 3723)”	PS 5581.01 at p. 2
Where filed	“the Regional Office in the region where the property loss occurred”	PS 5581.01 at p. 2
Filed at the institution instead	“will be rejected and returned to the inmate with instructions to file at the appropriate Regional Office”	PS 5581.01 at p. 2
Filing date when transferred between offices	“considered filed on the date when the claim was received by the transferring office”	PS 5581.01 at p. 3
Automatic rejection	“Staff will reject claims that are unclear, illegible, fail to specify a sum certain, or fail to provide a signature.”	PS 5581.01 at p. 3
Acknowledgment	An acknowledgment letter “indicating the filing date and a claim number,” plus notice of “their responsibility to inform the agency of any changes in address”	PS 5581.01 at p. 3
Investigation	“Claim investigations should be completed within 60 days.”	PS 5581.01 at p. 3
Claimant’s own response time	“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.”	PS 5581.01 at p. 3
Decision-maker	“The Regional Counsel, or designee, will review the investigation and supporting evidence, and render a decision”	PS 5581.01 at p. 3
Depreciation	“Staff must consider depreciation of lost or damaged property when settling a claim.”	PS 5581.01 at p. 4
Reconsideration deadline	“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.”	PS 5581.01 at p. 4
Judicial review	“There is no judicial review for claims decided under 31 U.S.C. § 3723.”	PS 5581.01 at p. 4
Expected decision timing	“Generally, claimants should receive a decision regarding their claims within six months of when they properly file the claim.”	PS 5581.01 at p. 4
Who pays	“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.”	PS 5581.01 at p. 4

Two special situations are named. Wrong statute: “If an inmate property claim is incorrectly filed under the FTCA instead of 31 U.S.C. § 3723, staff must deny the FTCA claim. However, staff can consider the claim under 31 U.S.C. § 3723 without the claimant filing another claim” (pp. 3–4). Witness Security: claims by people in the Witness Security Program “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” (p. 3).

What the investigation itself must contain is set out at p. 3: “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.”

Applied Insight — Christopher Zoukis, JD, MBA, Managing Director: The sum-certain figure and the proof of ownership are the whole claim. Everything else can be explained; those two are pass/fail. Before you write a dollar amount, get your BP-A0383 Inmate Personal Property Record — it is filed in your Central File and your counselor can pull it — and build the number item by item off that inventory and your commissary receipts. Write one specific total, not a range and not an estimate. Then keep a copy of everything you send, dated, because the acknowledgment letter with your claim number is what proves when you filed, and address changes after a transfer are your responsibility under p. 3. A claim that is rejected for illegibility or a missing signature does not stop the one-year clock while it sits in the mail.

What binds and what does not in PS 5581.01

This one is unusual, and the distinction matters more here than on most policy pages.

There is a statute: 31 U.S.C. § 3723. It sets the $1,000 ceiling, the negligence requirement, the one-year presentment deadline, and the requirement that the claimant accept the settlement “in complete satisfaction.” Those four things are law.

There is no regulation. Title 28 of the Code of Federal Regulations contains no rule implementing § 3723 for the Bureau of Prisons. 28 C.F.R. part 543 is titled “Legal Matters” and has exactly three subparts — A [Reserved], B “Inmate Legal Activities,” and C “Federal Tort Claims Act.” Subpart C contains § 543.30 (purpose and scope), § 543.31 (presenting a claim) and § 543.32 (processing the claim), and every one of them is about the tort claim route, not this one.

Everything else on this page — the BP-A0943, the Regional Office filing address, the 60-day investigation target, the three-month reconsideration window, the six-month expectation, the depreciation guide — is Program Statement text. A Program Statement is the Bureau’s internal instruction to its own staff, not a regulation; the Supreme Court described one as “an internal agency guideline” in Reno v. Koray, 515 U.S. 50 (1995). Staff are told to follow it. That is a real thing, and departures are worth raising. It is not the same as a rule you can enforce.

The Program Statement’s own sentence at p. 4 — “There is no judicial review for claims decided under 31 U.S.C. § 3723” — is worth reading precisely. The statute does not contain those words. What the statute does say is that an agency head “may settle” a qualifying claim, and that a § 3723 claim is one that “may not be settled under chapter 171 of title 28” — chapter 171 being the Federal Tort Claims Act. The practical closure of the courthouse door comes from a different direction, described next.

Why the tort-claim route is closed for property

This is the part nobody explains, and it is the reason the $1,000 ceiling matters so much.

The Federal Tort Claims Act, 28 U.S.C. §§ 2671–2680, waives the government’s immunity for the negligent acts of its employees — and then takes part of that waiver back in a list of exceptions. One of them, 28 U.S.C. § 2680(c), excludes:

Any claim arising in respect of the assessment or collection of any tax or customs duty, or the detention of any goods, merchandise, or other property by any officer of customs or excise or any other law enforcement officer …

For decades it was argued that “any other law enforcement officer” meant customs-type officers only. In Ali v. Federal Bureau of Prisons, 552 U.S. 214 (2008) — a case brought by a federal prisoner whose property went missing in a transfer — the Supreme Court rejected that reading: “We conclude that the broad phrase ‘any other law enforcement officer’ covers all law enforcement officers,” and “[s]ection 2680(c) forecloses lawsuits against the United States for the unlawful detention of property by ‘any,’ not just ‘some,’ law enforcement officers.” BOP officers are law enforcement officers. So a suit against the United States for property detained and lost by prison staff runs into § 2680(c).

Section 2680(c) has an exception of its own, but it is narrow: the FTCA still applies where the property “was seized for the purpose of forfeiture,” the claimant’s interest was not forfeited, was not remitted or mitigated, and the claimant “was not convicted of a crime for which the interest of the claimant in the property was subject to forfeiture under a Federal criminal forfeiture law.” That describes seized-and-returned forfeiture property, not the contents of a locker.

Put the three pieces together and the picture is coherent. The FTCA does not reach property lost in BOP custody (Ali, § 2680(c)). Section 3723 is expressly for claims that “may not be settled under chapter 171 of title 28” — that is, the ones the FTCA cannot reach. And BOP’s own policy now says so out loud: PS 1320.07, the Federal Tort Claims Act statement, states at p. 3 that “[c]laims for damage to, or loss of, an inmate’s privately owned property is considered for settlement under 31 U.S.C. § 3723,” and lists among its 2024 changes that it “[r]emoves the reference to the depreciation guidelines because inmate property claims will be processed under 31 U.S.C. § 3723” (p. 2). Property claims were deliberately moved off the tort track.

The consequence for a reader is blunt but useful: for property, $1,000 is the ceiling, and the administrative decision is where it ends. Knowing that up front is better than learning it after two years of filings.

Three routes, side by side

These get confused constantly, and the confusion costs people their deadlines. Every cell is sourced.

	Small claim (property)	Administrative tort claim (injury)	Administrative Remedy (a decision or condition)
What it is for	Money for property damaged or lost through staff negligence	Money for personal injury, death, or other loss the FTCA covers	Changing a decision, an action, or a condition. Not money.
Authority	31 U.S.C. § 3723; PS 5581.01	28 U.S.C. §§ 2671–2680; 28 C.F.R. part 543 subpart C; PS 1320.07	28 C.F.R. part 542 subpart B; PS 1330.18
Form	BP-A0943 (PS 5581.01 at p. 2)	SF-95, Claim for Damage, Injury, or Death — though “[a] claim may be filed without a SF-95” if the required information is provided (PS 1320.07 at p. 3)	BP-A0148 cop-out, then BP-9, BP-10, BP-11
Where it is filed	Regional Office where the loss occurred (PS 5581.01 at p. 2)	“the regional office in the region where the loss or injury occurred” (28 C.F.R. § 543.31)	Institution → Regional Office → Central Office
Deadline	One year after accrual (31 U.S.C. § 3723(b))	Two years after accrual (28 U.S.C. § 2401(b))	20 calendar days from the event (28 C.F.R. § 542.14(a))
Ceiling	$1,000 (31 U.S.C. § 3723(a))	No statutory ceiling; a sum certain is required. The Director may settle claims up to $50,000 under 28 C.F.R. § 0.172, redelegated to Regional Counsel and the Associate General Counsel (PS 1320.07 at p. 2)	No money
Who decides	Regional Counsel or designee (PS 5581.01 at p. 1)	Regional Counsel or designee; Associate General Counsel, Litigation Branch, for Central Office claims (28 C.F.R. § 543.32)	Warden → Regional Director → General Counsel
Expected timing	“within six months of when they properly file” (PS 5581.01 at p. 4)	“within six months of when you properly present the claim” (28 C.F.R. § 543.32)	20 / 30 / 40 days by level under 28 C.F.R. part 542
If denied	Written reconsideration within three months, with new evidence. The policy states there is no judicial review (PS 5581.01 at p. 4)	“you may file suit in an appropriate United States District Court” (28 C.F.R. § 543.32); suit must begin within six months of a mailed final denial (28 U.S.C. § 2401(b))	Next level up; court only after exhaustion under 42 U.S.C. § 1997e(a)

The single most important row is the form row. A property claim does not go on a BP-9, and a BP-9 will not get anyone paid — the administrative remedy process changes decisions, it does not award damages. Our pages are Administrative Remedy Program (PS 1330.18) and, in plain language, Prison Grievances.

There is one place where the BP-9 route genuinely belongs: contraband confiscation. If staff took an item and called it contraband, the fight is over whether it was properly confiscated, and PS 5580.10 at p. 14 says so directly — property is “held for thirty days before it is destroyed,” a delay that “allows an inmate the opportunity to obtain proof of ownership and/or appeal the decision per the Program Statement Administrative Remedy Program,” and “[i]f the inmate appeals, the property is held until the appeal process is completed.” Under PS 5580.10 at p. 13, you have “seven days following receipt of the inventory to provide staff with evidence of ownership of the listed items.” Seven days is a very short clock, and it runs before any of the property-claim deadlines on this page begin.

What the property claims policy means for you

If you are the person inside: the four ways property is lost

Your property was probably lost in one of four ways: a transfer, a SHU placement, a shakedown, or a facility closing. The route is the same for all four, and the sequence is:

First, establish what you had. Ask your counselor for a copy of your BP-A0383, Inmate Personal Property Record, on a BP-A0148 Inmate Request to Staff. Under PS 5580.10 at p. 7, a copy “will be maintained in the Inmate Central File,” and the form is generated at every inventory. If the loss was during a transfer, ask for the BP-A0821 Transfer Receipt too. Add commissary receipts. This is your proof of ownership, and without it a claim is very hard to write.

Second, get the form and the address. Ask for BP-A0943, Small Claims for Property Damage or Loss (31 U.S.C. § 3723), and the mailing address for your Regional Office — the one for the region where the loss happened, which may not be the region you are in now. Do not hand the claim to institution staff for filing: p. 2 says such claims “will be rejected and returned.”

Third, write a sum certain. One number. Build it from your inventory and receipts. Expect depreciation to be applied — p. 4 directs staff to consider it — so a two-year-old radio is not valued as a new one. Sign and date the form. Illegible, unsigned, or sum-certain-less claims are rejected outright (p. 3).

Fourth, keep the file. Keep a copy of everything, note the date you mailed it, and watch for the acknowledgment letter with your claim number. If you transfer, tell the Regional Office your new address — p. 3 puts that responsibility on you. And if the office asks for more information, answer it: “Failure to respond within 60 days may result in the rejection or denial of the claim” (p. 3).

If the underlying dispute is whether an item was contraband at all, that is a different fight on a much shorter clock — see the seven-day and thirty-day rules above and Inmate Personal Property (PS 5580.10).

If you are the family member: filing with the right paperwork

You can file on your loved one’s behalf, but only with paperwork. PS 5581.01 at p. 2 allows “[a] person acting on the inmate’s behalf as an agent, parent, guardian, or other representative” to file “if that person provides written permission from the inmate to act on their behalf.” Send that written permission with the claim. And know the trade-off: once a representative is authorized, “the Bureau will correspond only with that representative, not the claimant” — which is convenient if mail to the institution is slow and a problem if you and your loved one are not communicating well.

What you can do from outside that is genuinely useful: gather the value evidence. Order confirmations for books and religious items sent in, receipts for approved packages, and anything showing what an item cost. People inside often cannot access any of this. Keep a dated log of what you send and when.

What will not help: calling the institution. The decision-maker is Regional Counsel, and the institution’s only role is investigating when the Regional Office refers the claim to it (p. 3). A phone call to the prison does not start, advance, or preserve a claim.

Set expectations honestly. The statutory ceiling is $1,000 no matter what was lost, depreciation is applied, and the Program Statement’s own expectation is a decision “within six months.” Whether any particular claim is paid, and in what amount, is a discretionary decision by Regional Counsel on the individual record — nobody can tell you the outcome in advance, and anyone who does is guessing. Our overview for families is What Families Should Know About Federal Prison.

If you are counsel: property claims

Three things are worth knowing before you spend time here.

The ceiling is the analysis. At $1,000, with depreciation applied and no judicial review available on the Bureau’s own reading of the statute, a property claim rarely justifies attorney time on its own economics. Where it earns attention is as a documentation exercise inside a larger matter — a transfer that also lost legal materials, a SHU placement that is part of a retaliation narrative, a closure that produced a pattern across many people. The claim file and the investigation report, which p. 3 directs must “contain a summary of the facts and a recommendation as to the merits” and “include all records relevant to the claim,” can be worth more than the money.

Legal materials are a different problem. Property loss that includes transcripts, discovery, or a case file is not primarily a $1,000 claim; it is an access-to-courts and deadline problem, and it should be handled that way and immediately. PS 5580.10 at p. 18 addresses legal materials in transfer, and 28 C.F.R. part 543, subpart B — “Inmate Legal Activities” — is the governing regulation. See Inmate Legal Activities (PS 1315.08).

Preserve the alternative before choosing. The routes have different clocks — one year for § 3723, two years for a tort claim, twenty calendar days for a BP-9 — and different subject matter. Where a single incident produced both property loss and personal injury, they are separate claims on separate forms with separate deadlines. Note also that a claim mistakenly filed under the FTCA is not simply lost: p. 4 directs staff to deny the FTCA claim but permits them to “consider the claim under 31 U.S.C. § 3723 without the claimant filing another claim.” That is a policy accommodation, not a right, and it is not a reason to file on the wrong form.

What changed from PS 5580.09 to 5581.01

PS 5581.01, dated May 7, 2026, rescinded PS 5580.09, Inmate Property Claims (3/20/2018) — PS 5581.01 at p. 1. Two things changed at once, and the second is easy to miss.

The number moved. Property claims left the 5580 series and became their own Program Statement, 5581.01. On the very same day, BOP reissued PS 5580.10, Inmate Personal Property (5/7/2026), rescinding PS 5580.08 (8/22/2011). So the two halves of the subject — what property you may have and what happens when it is lost — were separated onto their own numbers and reissued together. PS 5580.10 now points across at p. 3: “Allowing an inmate to retain excess personal property increases the likelihood property will be damaged or lost and thereby increases the risk for liability claims. See the Program Statement Inmate Property Claims for additional information.”

The substance changed in two respects. The Summary of Changes at PS 5581.01 at p. 1, verbatim:

Changes:

• Provides more details about what information and documentation to include in the investigations.
• Recommends completion of the investigations within 60 days.

That is the whole list. The 60-day investigation target is new; the statutory ceiling, the one-year deadline and the three-month reconsideration window are not.

The larger change happened two years earlier, in the FTCA policy. PS 1320.07, Federal Tort Claims Act (8/1/2024) rescinded PS 1320.06 (8/1/2003), and its Summary of Changes at p. 2 lists two items that reshaped this area: it “[a]dds guidance claims regarding inmates’ privately owned property will be considered for settlement under 31 U.S.C. § 3723,” and it “[r]emoves the reference to the depreciation guidelines because inmate property claims will be processed under 31 U.S.C. § 3723.” Its References block at p. 8 lists both P1120.20 Staff Personal Property Claims (1/3/2018) and P5580.09 Inmate Property Claims (3/20/2018) — the latter now superseded by 5581.01.

Read in sequence: in 2024 the Bureau moved inmate property claims off the tort-claim track in policy; in 2026 it gave the resulting process its own Program Statement number and told investigators to finish in 60 days. If you are reading anything written before August 2024 about filing an SF-95 for lost prison property, it is describing a route the Bureau has closed.

Where people get stuck using the wrong remedy

“I filed a BP-9 and they told me it was the wrong remedy.” The administrative remedy process changes decisions; it does not award money. A claim for the value of lost property belongs on a BP-A0943 to the Regional Office. The exception is a contraband dispute — whether the item should have been taken at all — which does go through the remedy process, on a much shorter clock. See Administrative Remedy Program and Prison Grievances.

“I gave it to my counselor and never heard anything.” Claims handed in at the institution “will be rejected and returned to the inmate with instructions to file at the appropriate Regional Office” (p. 2). The Regional Office is the filing office. Mail it there, keep proof, and watch for the acknowledgment letter with the claim number.

“They rejected it and did not say why.” The four automatic rejection grounds are stated at p. 3: unclear, illegible, no sum certain, no signature. If the rejection came back without a stated reason, a short written follow-up to the Regional Office asking which of the four applied — and enclosing a corrected form — is usually the fastest fix. Watch the one-year deadline while you do it; a rejected claim does not pause the clock in 31 U.S.C. § 3723(b).

“I cannot prove I owned it.” This is the hardest one and the most common. Start with what the Bureau itself created: the BP-A0383 Inmate Personal Property Record in your Central File, the BP-A0821 Transfer Receipt if the loss was in transit, and the confiscation inventory if items were taken. Where staff will not produce them, a FOIA or Privacy Act request reaches the same records. Family-side purchase records fill the rest.

“It has been eight months and nothing has happened.” The policy’s expectation is a decision “within six months of when they properly file” (p. 4) and an investigation completed within 60 days (p. 3). Neither is a regulation, so neither is enforceable as one — but both are the Bureau’s own stated standard, and a polite written status request to the Regional Office citing the acknowledgment letter’s claim number and the six-month expectation is a reasonable and specific thing to send.

Where the underlying problem is a transfer, a designation, sentence computation, or medical care rather than the property itself, the property claim is a side issue. Those belong in a consult — see Federal Prison Consulting Services or contact us.

Related BOP policy on property claims

The paired route: how to file a tort claim against the Bureau of Prisons covers the injury track in plain language, and Federal Tort Claims Act (PS 1320.07) is the policy page. Both link back here for property, because the two routes are neighbors and the choice between them is the first decision a claimant makes.

The companion policy: Inmate Personal Property (PS 5580.10) — reissued the same day as this one — governs what you may keep, the BP-A0383 inventory that becomes your proof of ownership, the confiscation and contraband rules, and what happens to property during a transfer.

Routes and records: Administrative Remedy Program (PS 1330.18) for contraband appeals and for any decision you want changed, Request to Staff (PS 5511.08) for the BP-A0148 cop-out that gets you your inventory, FOIA and Privacy Act Requests (PS 1351.05) for the records staff will not hand over, and Inmate Central File, Privacy Folder, and Parole Mini-Files (PS 5800.17) for where the BP-A0383 is filed. Where legal materials were lost, see Inmate Legal Activities (PS 1315.08).

Related situations: Federal Inmate Transfer Process, since transfers cause most property losses; Major Federal Prison Closures and Deactivations, since closures cause the rest; Inmate Canteen Commissary Items for what most of the value consists of; and Trust Fund and Commissary (PS 4500.13) for the receipts.

Frequently Asked Questions About Inmate Property Claims

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Program Statement 5581.01 — full text

The Bureau’s own text follows, reproduced in full from its published PDF. The original is posted by the Bureau of Prisons here: PS 5581.01 (PDF).

U.S. DEPARTMENT OF JUSTICE Federal Bureau of Prisons

PROGRAM STATEMENT Inmate Property Claims Approved by

William K. Marshall III Director, Federal Bureau of Prisons DPI OGC Number 5581.01 Date May 7, 2026

Summary of Changes Program Statement Rescinded:

• 5580.09 Inmate Property Claims (3/20/2018) Changes:
• Provides more details about what information and documentation to include in the investigations.
• Recommends completion of the investigations within 60 days.

1. PURPOSE AND SCOPE

All claims for damage to, or loss of, an inmate’s privately owned property detained by staff must be processed under the Small Claims Act, 31 U.S.C. § 3723. This program statement instructs staff on the system for filing, investigation, and payment of these inmate property claims.

a. Program Objective.

• Inmate property claims will be acknowledged, investigated, and approved or denied within the time frames and according to the procedures in this program statement.

b. Institution Supplement. None.

2. DELEGATION OF AUTHORITY

Regional Counsel are delegated authority to consider, adjust, determine, compromise, settle, and pay inmate property claims filed under the Small Claims Act, 31 U.S.C. § 3723.

3. FILING A SMALL CLAIM

a. Requirements to File a Claim Under 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 Filed 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

transferred to the appropriate Regional Office.

f. Claims Will Be Tracked. Regional Counsel staff will track all claims that are filed properly within their regions. Claims will not be closed until they are settled, denied, or rejected.

4. PROCESSING A SMALL CLAIM

a. Acknowledgment Letter. 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

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.

Reviewed for legal accuracy by Elizabeth Franklin-Best, Esq., Principal Attorney·September 2026