                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                       PART II--CRIMINAL PROCEDURE
 
                CHAPTER 229--POSTSENTENCE ADMINISTRATION
 
                       SUBCHAPTER C--IMPRISONMENT
 
Sec. 3626. Appropriate remedies with respect to prison 
        conditions
        
    (a) Requirements for Relief.--
        (1) Prospective relief.--(A) Prospective relief in any civil 
    action with respect to prison conditions shall extend no further 
    than necessary to correct the violation of the Federal right of a 
    particular plaintiff or plaintiffs. The court shall not grant or 
    approve any prospective relief unless the court finds that such 
    relief is narrowly drawn, extends no further than necessary to 
    correct the violation of the Federal right, and is the least 
    intrusive means necessary to correct the violation of the Federal 
    right. The court shall give substantial weight to any adverse impact 
    on public safety or the operation of a criminal justice system 
    caused by the relief.
        (B) The court shall not order any prospective relief that 
    requires or permits a government official to exceed his or her 
    authority under State or local law or otherwise violates State or 
    local law, unless--
            (i) Federal law requires such relief to be ordered in 
        violation of State or local law;
            (ii) the relief is necessary to correct the violation of a 
        Federal right; and
            (iii) no other relief will correct the violation of the 
        Federal right.

        (C) Nothing in this section shall be construed to authorize the 
    courts, in exercising their remedial powers, to order the 
    construction of prisons or the raising of taxes, or to repeal or 
    detract from otherwise applicable limitations on the remedial powers 
    of the courts.
        (2) Preliminary injunctive relief.--In any civil action with 
    respect to prison conditions, to the extent otherwise authorized by 
    law, the court may enter a temporary restraining order or an order 
    for preliminary injunctive relief. Preliminary injunctive relief 
    must be narrowly drawn, extend no further than necessary to correct 
    the harm the court finds requires preliminary relief, and be the 
    least intrusive means necessary to correct that harm. The court 
    shall give substantial weight to any adverse impact on public safety 
    or the operation of a criminal justice system caused by the 
    preliminary relief and shall respect the principles of comity set 
    out in paragraph (1)(B) in tailoring any preliminary relief. 
    Preliminary injunctive relief shall automatically expire on the date 
    that is 90 days after its entry, unless the court makes the findings 
    required under subsection (a)(1) for the entry of prospective relief 
    and makes the order final before the expiration of the 90-day 
    period.
        (3) Prisoner release order.--(A) In any civil action with 
    respect to prison conditions, no court shall enter a prisoner 
    release order unless--
            (i) a court has previously entered an order for less 
        intrusive relief that has failed to remedy the deprivation of 
        the Federal right sought to be remedied through the prisoner 
        release order; and
            (ii) the defendant has had a reasonable amount of time to 
        comply with the previous court orders.

        (B) In any civil action in Federal court with respect to prison 
    conditions, a prisoner release order shall be entered only by a 
    three-judge court in accordance with section 2284 of title 28, if 
    the requirements of subparagraph (E) have been met.
        (C) A party seeking a prisoner release order in Federal court 
    shall file with any request for such relief, a request for a three-
    judge court and materials sufficient to demonstrate that the 
    requirements of subparagraph (A) have been met.
        (D) If the requirements under subparagraph (A) have been met, a 
    Federal judge before whom a civil action with respect to prison 
    conditions is pending who believes that a prison release order 
    should be considered may sua sponte request the convening of a 
    three-judge court to determine whether a prisoner release order 
    should be entered.
        (E) The three-judge court shall enter a prisoner release order 
    only if the court finds by clear and convincing evidence that--
            (i) crowding is the primary cause of the violation of a 
        Federal right; and
            (ii) no other relief will remedy the violation of the 
        Federal right.

        (F) Any State or local official including a legislator or unit 
    of government whose jurisdiction or function includes the 
    appropriation of funds for the construction, operation, or 
    maintenance of prison facilities, or the prosecution or custody of 
    persons who may be released from, or not admitted to, a prison as a 
    result of a prisoner release order shall have standing to oppose the 
    imposition or continuation in effect of such relief and to seek 
    termination of such relief, and shall have the right to intervene in 
    any proceeding relating to such relief.

    (b) Termination of Relief.--
        (1) Termination of prospective relief.--(A) In any civil action 
    with respect to prison conditions in which prospective relief is 
    ordered, such relief shall be terminable upon the motion of any 
    party or intervener--
            (i) 2 years after the date the court granted or approved the 
        prospective relief;
            (ii) 1 year after the date the court has entered an order 
        denying termination of prospective relief under this paragraph; 
        or
            (iii) in the case of an order issued on or before the date 
        of enactment of the Prison Litigation Reform Act, 2 years after 
        such date of enactment.

        (B) Nothing in this section shall prevent the parties from 
    agreeing to terminate or modify relief before the relief is 
    terminated under subparagraph (A).
        (2) Immediate termination of prospective relief.--In any civil 
    action with respect to prison conditions, a defendant or intervener 
    shall be entitled to the immediate termination of any prospective 
    relief if the relief was approved or granted in the absence of a 
    finding by the court that the relief is narrowly drawn, extends no 
    further than necessary to correct the violation of the Federal 
    right, and is the least intrusive means necessary to correct the 
    violation of the Federal right.
        (3) Limitation.--Prospective relief shall not terminate if the 
    court makes written findings based on the record that prospective 
    relief remains necessary to correct a current and ongoing violation 
    of the Federal right, extends no further than necessary to correct 
    the violation of the Federal right, and that the prospective relief 
    is narrowly drawn and the least intrusive means to correct the 
    violation.
        (4) Termination or modification of relief.--Nothing in this 
    section shall prevent any party or intervener from seeking 
    modification or termination before the relief is terminable under 
    paragraph (1) or (2), to the extent that modification or termination 
    would otherwise be legally permissible.

    (c) Settlements.--
        (1) Consent decrees.--In any civil action with respect to prison 
    conditions, the court shall not enter or approve a consent decree 
    unless it complies with the limitations on relief set forth in 
    subsection (a).
        (2) Private settlement agreements.--(A) Nothing in this section 
    shall preclude parties from entering into a private settlement 
    agreement that does not comply with the limitations on relief set 
    forth in subsection (a), if the terms of that agreement are not 
    subject to court enforcement other than the reinstatement of the 
    civil proceeding that the agreement settled.
        (B) Nothing in this section shall preclude any party claiming 
    that a private settlement agreement has been breached from seeking 
    in State court any remedy available under State law.

    (d) State Law Remedies.--The limitations on remedies in this section 
shall not apply to relief entered by a State court based solely upon 
claims arising under State law.
    (e) Procedure for Motions Affecting Prospective Relief.--
        (1) Generally.--The court shall promptly rule on any motion to 
    modify or terminate prospective relief in a civil action with 
    respect to prison conditions. Mandamus shall lie to remedy any 
    failure to issue a prompt ruling on such a motion.
        (2) Automatic stay.--Any motion to modify or terminate 
    prospective relief made under subsection (b) shall operate as a stay 
    during the period--
            (A)(i) beginning on the 30th day after such motion is filed, 
        in the case of a motion made under paragraph (1) or (2) of 
        subsection (b); or
            (ii) beginning on the 180th day after such motion is filed, 
        in the case of a motion made under any other law; and
            (B) ending on the date the court enters a final order ruling 
        on the motion.

        (3) Postponement of automatic stay.--The court may postpone the 
    effective date of an automatic stay specified in subsection 
    (e)(2)(A) for not more than 60 days for good cause. No postponement 
    shall be permissible because of general congestion of the court's 
    calendar.
        (4) Order blocking the automatic stay.--Any order staying, 
    suspending, delaying, or barring the operation of the automatic stay 
    described in paragraph (2) (other than an order to postpone the 
    effective date of the automatic stay under paragraph (3)) shall be 
    treated as an order refusing to dissolve or modify an injunction and 
    shall be appealable pursuant to section 1292(a)(1) of title 28, 
    United States Code, regardless of how the order is styled or whether 
    the order is termed a preliminary or a final ruling.

    (f) Special Masters.--
        (1) In general.--(A) In any civil action in a Federal court with 
    respect to prison conditions, the court may appoint a special master 
    who shall be disinterested and objective and who will give due 
    regard to the public safety, to conduct hearings on the record and 
    prepare proposed findings of fact.
        (B) The court shall appoint a special master under this 
    subsection during the remedial phase of the action only upon a 
    finding that the remedial phase will be sufficiently complex to 
    warrant the appointment.
        (2) Appointment.--(A) If the court determines that the 
    appointment of a special master is necessary, the court shall 
    request that the defendant institution and the plaintiff each submit 
    a list of not more than 5 persons to serve as a special master.
        (B) Each party shall have the opportunity to remove up to 3 
    persons from the opposing party's list.
        (C) The court shall select the master from the persons remaining 
    on the list after the operation of subparagraph (B).
        (3) Interlocutory appeal.--Any party shall have the right to an 
    interlocutory appeal of the judge's selection of the special master 
    under this subsection, on the ground of partiality.
        (4) Compensation.--The compensation to be allowed to a special 
    master under this section shall be based on an hourly rate not 
    greater than the hourly rate established under section 3006A for 
    payment of court-appointed counsel, plus costs reasonably incurred 
    by the special master. Such compensation and costs shall be paid 
    with funds appropriated to the Judiciary.
        (5) Regular review of appointment.--In any civil action with 
    respect to prison conditions in which a special master is appointed 
    under this subsection, the court shall review the appointment of the 
    special master every 6 months to determine whether the services of 
    the special master continue to be required under paragraph (1). In 
    no event shall the appointment of a special master extend beyond the 
    termination of the relief.
        (6) Limitations on powers and duties.--A special master 
    appointed under this subsection--
            (A) may be authorized by a court to conduct hearings and 
        prepare proposed findings of fact, which shall be made on the 
        record;
            (B) shall not make any findings or communications ex parte;
            (C) may be authorized by a court to assist in the 
        development of remedial plans; and
            (D) may be removed at any time, but shall be relieved of the 
        appointment upon the termination of relief.

    (g) Definitions.--As used in this section--
        (1) the term ``consent decree'' means any relief entered by the 
    court that is based in whole or in part upon the consent or 
    acquiescence of the parties but does not include private 
    settlements;
        (2) the term ``civil action with respect to prison conditions'' 
    means any civil proceeding arising under Federal law with respect to 
    the conditions of confinement or the effects of actions by 
    government officials on the lives of persons confined in prison, but 
    does not include habeas corpus proceedings challenging the fact or 
    duration of confinement in prison;
        (3) the term ``prisoner'' means any person subject to 
    incarceration, detention, or admission to any facility who is 
    accused of, convicted of, sentenced for, or adjudicated delinquent 
    for, violations of criminal law or the terms and conditions of 
    parole, probation, pretrial release, or diversionary program;
        (4) the term ``prisoner release order'' includes any order, 
    including a temporary restraining order or preliminary injunctive 
    relief, that has the purpose or effect of reducing or limiting the 
    prison population, or that directs the release from or nonadmission 
    of prisoners to a prison;
        (5) the term ``prison'' means any Federal, State, or local 
    facility that incarcerates or detains juveniles or adults accused 
    of, convicted of, sentenced for, or adjudicated delinquent for, 
    violations of criminal law;
        (6) the term ``private settlement agreement'' means an agreement 
    entered into among the parties that is not subject to judicial 
    enforcement other than the reinstatement of the civil proceeding 
    that the agreement settled;
        (7) the term ``prospective relief'' means all relief other than 
    compensatory monetary damages;
        (8) the term ``special master'' means any person appointed by a 
    Federal court pursuant to Rule 53 of the Federal Rules of Civil 
    Procedure or pursuant to any inherent power of the court to exercise 
    the powers of a master, regardless of the title or description given 
    by the court; and
        (9) the term ``relief'' means all relief in any form that may be 
    granted or approved by the court, and includes consent decrees but 
    does not include private settlement agreements.

(Added Pub. L. 103-322, title II, Sec. 20409(a), Sept. 13, 1994, 108 
Stat. 1827; amended Pub. L. 104-134, title I, Sec. 101[(a)] [title VIII, 
Sec. 802(a)], Apr. 26, 1996, 110 Stat. 1321, 1321-66; renumbered title 
I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327; Pub. L. 105-
119, title I, Sec. 123(a), Nov. 26, 1997, 111 Stat. 2470.)

                       References in Text

    The date of enactment of the Prison Litigation Reform Act, referred 
to in subsec. (b)(1)(A)(iii), probably means the date of enactment of 
the Prison Litigation Reform Act of 1995, section 101[(a)] [title VIII] 
of Pub. L. 104-134, which was approved Apr. 26, 1996.
    The Federal Rules of Civil Procedure, referred to in subsec. (g)(8), 
are set out in the Appendix to Title 28, Judiciary and Judicial 
Procedure.


                               Amendments

    1997--Subsec. (a)(1)(B)(i). Pub. L. 105-119, Sec. 123(a)(1)(A), 
substituted ``requires'' for ``permits''.
    Subsec. (a)(3)(A). Pub. L. 105-119, Sec. 123(a)(1)(B)(i), 
substituted ``no court shall enter a prisoner release order unless'' for 
``no prisoner release order shall be entered unless''.
    Subsec. (a)(3)(F). Pub. L. 105-119, Sec. 123(a)(1)(B)(ii), inserted 
``including a legislator'' after ``local official'' and substituted 
``prison facilities'' for ``program facilities''.
    Subsec. (b)(3). Pub. L. 105-119, Sec. 123(a)(2), substituted 
``current and ongoing'' for ``current or ongoing''.
    Subsec. (e)(1). Pub. L. 105-119, Sec. 123(a)(3)(A), inserted at end 
``Mandamus shall lie to remedy any failure to issue a prompt ruling on 
such a motion.''
    Subsec. (e)(2). Pub. L. 105-119, Sec. 123(a)(3)(B), substituted 
``Any motion to modify or terminate prospective relief made under 
subsection (b) shall operate as a stay'' for ``Any prospective relief 
subject to a pending motion shall be automatically stayed''.
    Subsec. (e)(3), (4). Pub. L. 105-119, Sec. 123(a)(3)(C), added pars. 
(3) and (4).
    1996--Pub. L. 104-134 amended section generally, substituting 
provisions relating to appropriate remedies with respect to prison 
conditions for former provisions relating to appropriate remedies with 
respect to prison crowding.


                    Effective Date of 1997 Amendment

    Section 123(b) of Pub. L. 105-119 provided that: ``The amendments 
made by this Act [probably should be ``section'', amending this section] 
shall take effect upon the date of the enactment of this Act [Nov. 26, 
1997] and shall apply to pending cases.''


                    Effective Date of 1996 Amendment

    Section 101[(a)] [title VIII, Sec. 802(b)(1)] of Pub. L. 104-134 
provided that: ``Section 3626 of title 18, United States Code, as 
amended by this section, shall apply with respect to all prospective 
relief whether such relief was originally granted or approved before, 
on, or after the date of the enactment of this title [Apr. 26, 1996].''


                     Effective and Termination Dates

    Section 20409(b) of Pub. L. 103-322, which provided that this 
section applied to all court orders outstanding on Sept. 13, 1994, and 
section 20409(d) of Pub. L. 103-322, which provided for the repeal of 
this section 5 years after Sept. 13, 1994, were repealed by Pub. L. 104-
134, title I, Sec. 101[(a)] [title VIII, Sec. 802(b)(2)], Apr. 26, 1996, 
110 Stat. 1321, 1321-70; renumbered title I, Pub. L. 104-140, Sec. 1(a), 
May 2, 1996, 110 Stat. 1327.


                              Severability

    Section 101[(a)] [title VIII, Sec. 810] of Pub. L. 104-134 provided 
that: ``If any provision of this title [see Short Title of 1996 
Amendment note set out under section 3601 of this title], an amendment 
made by this title, or the application of such provision or amendment to 
any person or circumstance is held to be unconstitutional, the remainder 
of this title, the amendments made by this title, and the application of 
the provisions of such to any person or circumstance shall not be 
affected thereby.''


Special Masters Appointed Prior to April 26, 1996; Prohibition on Use of 
                                  Funds

    Pub. L. 104-208, div. A, title I, Sec. 101(a) [title III, Sec. 306], 
Sept. 30, 1996, 110 Stat. 3009, 3009-45, provided that: ``None of the 
funds available to the Judiciary in fiscal years 1996 and 1997 and 
hereafter shall be available for expenses authorized pursuant to section 
802(a) of title VIII of section 101(a) of title I of the Omnibus 
Consolidated Rescissions and Appropriations Act of 1996, Public Law 104-
134 [amending this section], for costs related to the appointment of 
Special Masters prior to April 26, 1996.''


  Payment of Damage Award in Satisfaction of Pending Restitution Orders

    Section 101[(a)] [title VIII, Sec. 807] of Pub. L. 104-134 provided 
that: ``Any compensatory damages awarded to a prisoner in connection 
with a civil action brought against any Federal, State, or local jail, 
prison, or correctional facility or against any official or agent of 
such jail, prison, or correctional facility, shall be paid directly to 
satisfy any outstanding restitution orders pending against the prisoner. 
The remainder of any such award after full payment of all pending 
restitution orders shall be forwarded to the prisoner.''


             Notice to Crime Victims of Pending Damage Award

    Section 101[(a)] [title VIII, Sec. 808] of Pub. L. 104-134 provided 
that: ``Prior to payment of any compensatory damages awarded to a 
prisoner in connection with a civil action brought against any Federal, 
State, or local jail, prison, or correctional facility or against any 
official or agent of such jail, prison, or correctional facility, 
reasonable efforts shall be made to notify the victims of the crime for 
which the prisoner was convicted and incarcerated concerning the pending 
payment of any such compensatory damages.''
