U.S. Code » Title 18 » Part PART III— PRISONS AND PRISONERS › Chapter CHAPTER 303— BUREAU OF PRISONS

18 U.S.C. § 4046

Shock incarceration program

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(a) The Bureau of Prisons may place in a shock incarceration program any person who is sentenced to a term of imprisonment 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.(Added Pub. L. 101–647, title XXX, § 3001(a), Nov. 29, 1990, 104 Stat. 4915.)Statutory Notes and Related SubsidiariesAuthorization of Appropriations

Pub. L. 101–647, title XXX, § 3002, Nov. 29, 1990, 104 Stat. 4915, provided that: “There are authorized to be appropriated for fiscal year 1990 and each fiscal year thereafter such sums as may be necessary to carry out the shock incarceration program established under the amendments made by this Act [see Tables for classification]”.

Notes of Decisions
Cited in 31 cases, 1993–2007 · leading case: Nora Luz Serrato v. Schelia A. Clark Harley G. Lappin, 486 F.3d 560 (9th Cir. 2007).
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Nora Luz Serrato v. Schelia A. Clark Harley G. Lappin, 486 F.3d 560 (9th Cir. 2007). · cites it 6× “Federal Boot Camp In 1990, Congress passed 18 U.S.C. § 4046 , “Shock incarceration program,” which provides: (a) The Bureau of Prisons may place in a shock incarceration program any person who is sentenced to a term of imprisonment of more than 12, but not more than 30, months,…”
Elliott Levine v. Craig Apker, 455 F.3d 71 (2d Cir. 2006). “§ 3621 (e)(2)(A))), or shock incarceration program ( 18 U.S.C. § 4046 (c)).” 28 C.F.R. § 570.21 (b).”
United States v. McMannus, 496 F.3d 846 (8th Cir. 2007). · cites it 2× “2005) ("A shock incarceration program is based upon an inmate serving a shorter, but more arduous, term."). The Bureau of Prisons has since discontinued the boot camp program.”
Castellini v. Lappin, 365 F. Supp. 2d 197 (D. Mass. 2005). · cites it 3× “4789 (codified at 18 U.S.C. § 4046 ). The statute provides: (a) The Bureau of Prisons may place in a shock incarceration program any person who is sentenced to a term of imprisonment of more than 12, but not more than 30, months, if such person consents to that placement.”
United States v. Martin, 827 F. Supp. 232 (S.D.N.Y. 1993). · cites it 6× “On July 15, 1993, I sentenced him to thirty (30) months imprisonment with voluntary shock incarceration pursuant to 18 U.S.C. § 4046 . I departed downward from the Sentencing Guidelines which would have dictated a sentence of 48 months.”
Dennis Fults v. Linda Sanders, Warden, Fci-Fc, 442 F.3d 1088 (8th Cir. 2006). “§ 3621 (e)(2)(A)), or shock incarceration program ( 18 U.S.C. § 4046 (c)). . 18 U.S.C. § 3621 (e)(2)(b) states: "The period a prisoner convicted of a nonviolent offense remains in custody after successfully completing a treatment program may be reduced by the Bureau of Prisons,…”
United States v. Padilla-Galarza, 351 F.3d 594 (1st Cir. 2003). “” The boot camp program, which combines strict discipline and job training, is authorized by statute, 18 U.S.C. § 4046 (2000), and where the six-month in-prison component is successfully completed, can result in a further six months’ reduction in sentence.”
United States v. John James, 280 F.3d 206 (2d Cir. 2002). · cites it 2× “In a letter to Judge Duffy prior to sentencing, defense counsel urged a sentence at the bottom of the guideline range in order to render James eligible in the last 24 months of his sentence for transfer to a “shock incarceration program,” 18 U.S.C. § 4046 (a), in an “intensive…”
Gissendanner v. Menifee, 975 F. Supp. 249 (W.D.N.Y. 1997). · cites it 3× “07, the ICC program authorizing statute ( 18 U.S.C. § 4046 ), and the due process clause.”
Mares v. Fed. Bureau of Prisons, 401 F. Supp. 2d 775 (S.D. Tex. 2005). · cites it 3× “18 U.S.C. § 4046 . Congress passed a statute which provided that the Bureau of Prisons “may place in a shock incarceration program any person who is sentenced to a term of imprisonment of more than 12, but not more than 30 months.”
Vega v. United States, 269 F. Supp. 2d 528 (D.N.J. 2003). · cites it 7× “The instant petition seeks to vacate, set aside or correct the sentence, claiming that petitioner was deprived of his constitutional right to effective assistance of counsel which caused him to miss the benefits of the Intensive Confinement Center (“ICC”) Program provided under…”
United States v. Sutton, 973 F. Supp. 488 (D.N.J. 1997). “The Shock Incarceration Program is governed by 18 U.S.C. § 4046 , which provides: (a) The Bureau of Prisons may place in a shock incarceration program any person who is sentenced to a term of imprisonment of more than 12, but not more than 30, months, if such person consents to…”
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