Bureau of Prisons currently has 4,497 'unresolved' employee misconduct cases, GAO reveals

A new Government Accountability Office (GAO) report found that the Bureau of Prisons (BOP) has failed to fully communicate its "employee misconduct" policies and procedures and about 37% of the 12,153 cases that are open as of February 2025 have been unresolved for 3 years or longer.

In its September 2025 report, GAO notes that while BOP updated its Standards of Employee Conduct in June 2024 and continues to offer training, the agency does not systematically collect or use feedback from staff about that training. The omission limits BOP’s ability to refine the design and effectiveness of its misconduct prevention efforts, according to the report.

Training material sub-par

The audit also points out shortcomings of BOP’s orientation handbooks. "BOP uses orientation handbooks and signs posted in facilities to inform incarcerated individuals how to report certain employee misconduct. However, the handbooks and signs discuss sexual misconduct rather than a broader range of allegations, such as contraband and physical abuse," read the report. 

"Developing a communication strategy to fully inform incarcerated individuals about employee misconduct offenses that affect their health and safety could increase awareness about the standards BOP is trying to uphold and help ensure facility safety and employee accountability", GAO added.

The watchdog found that while BOP tracks allegations of employee misconduct, the agency does not sufficiently analyze data trends over extended periods of more than two years. There are currently 4,497 unresolved cases.

"BOP increased staff and took other steps to reduce its employee misconduct caseload, but about 37 percent of the 12,153 cases open as of February 2025 had been unresolved for 3 years or longer. BOP’s approach to investigating and disciplining employee misconduct does not include establishing milestones or designating responsibilities to key officials," the report read.

"Implementing a comprehensive plan with these elements would help BOP allocate the resources necessary for investigating and disciplining employee misconduct cases, achieve desired results, and enhance safety and efficiency," the GAO also reported.

The GAO said in the report that the BOP remains on its "High‑Risk List," given that "staffing gaps and leadership stability continue to be central concerns and affect BOP’s ability to monitor persistent issues such as employee misconduct."

Eight recommendations

The GAO made eight recommendations to the bureau, including, developing mechanisms for soliciting and using employee feedback in misconduct-related training as well as creating a communication strategy to inform incarcerated individuals about the full spectrum of reportable misconduct.

The watchdog also urged the BOP to "routinely" assess "misconduct data to identify facility-level trends."

The GAO said the agency must establish a comprehensive plan that covers accountability milestones, resource assignments, and timelines for investigating and disciplining misconduct cases.

In response, BOP officials acknowledged errors have been made but they "stressed that the language in their interview form ensures that employees receive accurate information prior to a compelled interview."

"The errors in BOP’s current program statement on investigative policy risk misleading and confusing OIA investigators and BOP interviewees. Until BOP correctly cites the underlying legal decision, the bureau cannot be assured that every investigator understands its procedures for misconduct investigations and that interviewees fully understand their rights and obligations when OIA investigators conduct compelled interviews," GAO said.