2005 Federal Sentencing Guidelines
CHAPTER FIVE - PART F - SENTENCING OPTIONS
§5F1.7. Shock Incarceration
Program (Policy Statement)
The court, pursuant to 18 U.S.C. §§ 3582(a) and 3621(b)(4), may
recommend that a defendant who meets the criteria set forth in 18 U.S.C. § 4046
participate in a shock incarceration program.
Background: Section 4046
of title 18, United States Code, provides --
"(a) the Bureau of Prisons may place in a shock incarceration program any
person who is sentenced to a term of more than 12, but not more than 30 months,
if such person consents to that placement.
(b) For such initial portion of the term of imprisonment as the Bureau of
Prisons may determine, not to exceed six months, an inmate in the shock incarceration
program shall be required to -
(1) adhere to a highly regimented schedule that provides the strict discipline,
physical training, hard labor, drill, and ceremony characteristic of military
basic training; and
(2) participate in appropriate job training and educational programs (including
literacy programs) and drug, alcohol, and other counseling programs.
(c) An inmate who in the judgment of the Director of the Bureau of Prisons
has successfully completed the required period of shock incarceration shall
remain in the custody of the Bureau for such period (not to exceed the remainder
of the prison term otherwise required by law to be served by that inmate),
and under such conditions, as the Bureau deems appropriate. 18 U.S.C. §
The Bureau of Prisons has issued an operations memorandum (174-90 (5390),
November 20, 1990) that outlines eligibility criteria and procedures for the
implementation of this program (which the Bureau of Prisons has titled "intensive
confinement program"). Under these procedures, the Bureau will not place a
defendant in an intensive confinement program unless the sentencing court has
approved, either at the time of sentencing or upon consultation after the Bureau
has determined that the defendant is otherwise eligible. In return for the
successful completion of the
"intensive confinement" portion of the program, the defendant is eligible to
serve the remainder of his term of imprisonment in a graduated release program
comprised of community corrections center and home confinement phases.
Historical Note: Effective
November 1, 1991 (see Appendix
C, amendment 424). Amended effective November 1, 2002 (see Appendix
C, amendment 646).