U.S.S.G. § 5F1.7

Shock Incarceration Program

Read at: USSCussc.gov CornellLII Search CasesGoogle Scholar

§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.

Commentary

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 6 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. § 4046.

In 1990, the Bureau of Prisons issued an operations memorandum (174-90 (5390), November 20, 1990) that outlined eligibility criteria and procedures for the implementation of a shock incarceration program (which the Bureau of Prisons titled the “intensive confinement program”). In 2008, however, the Bureau of Prisons terminated the program and removed the rules governing its operation. See 73 FR 39863 (July 11, 2008).

Historical Note: Effective November 1, 1991 (amendment 424). Amended effective November 1, 2002 (amendment 646); November 1, 2023 (amendment 823).

Notes of Decisions

Cited in 7 cases, 1997–2007 · leading case: Nora Luz Serrato v. Schelia A. Clark Harley G. Lappin, 486 F.3d 560 (9th Cir. 2007).

Sort: Relevance Newest Treatment

Nora Luz Serrato v. Schelia A. Clark Harley G. Lappin, 486 F.3d 560 (9th Cir. 2007). · cites it 2× “Chapter 5, Part F, of the United States Sentencing Commission’s Guidelines Manual is entitled “Sentencing Options” and includes U.S.S.G. § 5F1.7, p.s., “Shock Incarceration Program (Policy Statement).”

United States v. Padilla-Galarza, 351 F.3d 594 (1st Cir. 2003). “U.S.S.G. § 5F1.7, p.s., & cmt. (1998); Federal Bureau of Prisons, U.”

United States v. Flowers, 983 F. Supp. 159 (E.D.N.Y 1997). “See U.S.S.G. § 5F1.7; see also Doris Layton MacKenzie, Results of a Multistate Study of Boot Camp Prisons, in Criminal Justice: Concepts and Issues, 240, 240-247 (1997).”

Vega v. United States, 269 F. Supp. 2d 528 (D.N.J. 2003). · cites it 3× “” USSG § 5F1.7 (p.s.). 6 Howev *533 er, it is the Bureau of Prisons, and not the court, that has full authority over the designation and substance abuse treatment of persons in its custody, including but not limited to the shock incarceration program.”

Serrato v. Clark (9th Cir. 2007). · cites it 2× “Chapter 5, Part F, of the United States Sentencing Commission’s Guidelines Manual is entitled “Sentencing Options” and includes U.S.S.G. § 5F1.7, p.s., “Shock Incar- ceration Program (Policy Statement).”

United States v. Elliot, 183 F. App'x 469 (5th Cir. 2006). “See U.S.S.G. § 5F1.7, cmt. a; 18 U.S.C. § 4046 (a).”

United States v. Jones, 229 F. Supp. 2d 325 (D. Del. 2002). “, the Defendant] has requested and the Government is going to recommend — I believe they have already recommended it in the plea agreement that we entered before this Court in April — that Mr.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.