Chapter 3: Intermittent Confinement (Probation and Supervised Release Conditions)

A. Statutory Authority

Under 18 U.S.C. § 3563(b)(10), the court may provide that the defendant “remain in the custody of the Bureau of Prisons during nights, weekends, or other intervals of time, totaling no more than the lesser of one year or the term of imprisonment authorized for the offense, during the first year of the term of probation or supervised release.”  

Under 18 U.S.C. § 3583(e)(2), the court may modify the conditions of supervised release “at any time prior to the expiration or termination of the term of supervised release” (see: Chapter 1, Section II(A)(3)).

B. Sample Condition Language

You must serve a total of ______ days of intermittent confinement. The intermittent confinement shall be served for ________ consecutive (weekends or days) at the _______ facility beginning on (day), (date) at (time) and ending on (day), (date), no later than (time). You must follow the rules and regulations of the____ facility.

C. Purpose

1. This condition serves the statutory sentencing purposes of deterrence, public protection, and rehabilitation.  18 U.S.C. § 3553(a)(2)(B)-(D).
2. For probation cases, this condition may serve the statutory purposes of reflecting the seriousness of the offense, promoting respect for the law, and providing just punishment for the offense.  18 U.S.C. § 3553(a)(2)(A).
3. In some circumstances this condition may prevent a defendant from losing employment, or allow a defendant to avoid the complete removal from role of provider or caretaker for dependents and other family members that would result from a traditional term of incarceration.  Similarly, this condition may benefit a defendant with a medical or psychiatric diagnosis requiring regular, consistent care by a physician.

D. Method of Implementation

1. Once the court imposes a condition requiring intermittent confinement, the probation officer submits a referral packet (including the court’s order of intermittent confinement, judgment form, and presentence report) to the Bureau of Prisons so that it can designate the defendant to the appropriate facility.
2. Probation officers communicate clearly to the defendant the designated schedule of confinement. The defendant is required to abide by the rules and regulations of the facility during the periods of confinement, and the facility staff may impose additional restrictions or sanctions on defendants who violate the rules and regulations. The probation officer maintains regular communication with the BOP and/or facility staff to monitor the defendant’s compliance with both the schedule of confinement and facility rules and regulations, and intervenes as necessary.