§3626 Appropriate Remedies with Respect to Prison Conditions

Summary

Limits what courts may order to fix prison problems so any court-ordered change only goes as far as needed to fix the federal right of the specific prisoner or prisoners. Orders must be narrowly drawn, extend no further than necessary, and be the least intrusive means to fix the problem. Courts must give substantial weight to any harm the order would cause to public safety or to how the criminal justice system runs. Courts may not force officials to break State or local law unless federal law requires it, the order is needed to fix the federal right, and no other order will work. Courts may not order prisons built or taxes raised. Judges can issue temporary orders or preliminary injunctions, but those must follow the same narrow rules and automatically end 90 days after they start unless the court makes the required findings and finalizes the order before that 90-day date. Prisoner-release orders that cut the population are tightly limited. A court may not order release unless less-intrusive orders were tried and failed and the defendant had a reasonable time to comply. In federal court, a prisoner-release order must be decided by a three-judge court and will be entered only if the three-judge court finds by clear and convincing evidence that crowding is the primary cause of the federal-right violation and no other relief will fix it. State or local officials who control prison funding, prosecution, or custody may intervene to oppose release orders. Prospective (non-money) relief can be moved for termination two years after the order, or one year after a court denies termination; relief approved without the required findings must be ended immediately. Motions to change or end relief must be decided quickly; such motions generally create a stay beginning on the 30th day after filing (or the 180th day for motions under other laws) and the court may delay that stay for up to 60 days for good cause. Courts may appoint a neutral special master in complex remedy phases; the parties suggest candidates, may strike some names, the judge picks from the rest, fees are capped and paid by the Judiciary, and the appointment is reviewed every 6 months and ends when the relief ends. Definitions: consent decree — court-ordered relief agreed to by the parties; civil action with respect to prison conditions — a federal case about prison conditions (not habeas); prisoner — anyone in custody under criminal law or related supervision; prisoner release order — any order that reduces or limits the prison population; prison — any federal, State, or local facility that locks up juveniles or adults for criminal matters; private settlement agreement — a deal not enforced by the court except to reopen the case; prospective relief — all remedies other than money damages; special master — a neutral person the court can appoint to help with hearings and findings; relief — any remedy a court may grant, including consent decrees.