Serrato

Background

I. Federal Boot Camp

In 1990, Congress passed 18 U.S.C. § 4046, “Shock incar- ceration 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, if such person consents to that placement.

(b) For such initial portion of the term of imprison- ment as the Bureau of Prisons may determine, not to 5372 SERRATO v. CLARK exceed 6 months, an inmate in the shock incarcera- tion program shall be required to —

(1) adhere to a highly regimented sched- ule that provides the strict discipline, physi- cal training, hard labor, drill, and ceremony characteristic of military basic training; and

(2) participate in appropriate job training and educational programs (including liter- acy 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 oth- erwise required by law to be…