[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1275 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1275

 To provide for appropriate remedies for prison condition lawsuits, to 
    discourage frivolous and abusive prison lawsuits, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 26 (legislative day, September 25), 1995

  Mr. Abraham (for himself, Mr. Hatch, Mr. Specter, Mr. Kyl, and Mrs. 
  Hutchison) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide for appropriate remedies for prison condition lawsuits, to 
    discourage frivolous and abusive prison lawsuits, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prison Conditions Litigation Reform 
Act''.

SEC. 2. APPROPRIATE REMEDIES FOR PRISON CONDITIONS.

    (a) In General.--Section 3626 of title 18, United States Code, is 
amended to read as follows:
``Sec. 3626. Appropriate remedies with respect to prison conditions
    ``(a) Requirements for Relief.--
            ``(1) Prospective relief.--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. In determining the intrusiveness of the relief, 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.
            ``(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 shall automatically expire on the 
        date that is 90 days after its entry, unless the court 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 prisoner release order shall 
        be entered 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 court shall enter a prisoner release order only 
        if the court finds--
                    ``(i) by clear and convincing evidence--
                            ``(I) that crowding is the primary cause of 
                        the violation of a Federal right; and
                            ``(II) that no other relief will remedy the 
                        violation of the Federal right; and
                    ``(ii) by a preponderance of the evidence--
                            ``(I) that crowding has deprived a 
                        particular plaintiff or plaintiffs of at least 
                        one essential, identifiable human need; and
                            ``(II) that prison officials have acted 
                        with obduracy and wantonness in depriving a 
                        particular plaintiff or plaintiffs of at least 
                        one essential, identifiable human need.
            ``(F) Any State or local official or unit of government 
        whose jurisdiction or function includes 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 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--
                    ``(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.
            ``(3) Limitation.--Prospective relief shall not terminate 
        if the court makes written findings based on the record that 
        prospective relief remains necessary to correct the violation 
        of the Federal right, extends no further than necessary to 
        correct the violation of the Federal right, and that the 
        prospective relief is the least intrusive means to correct the 
        violation.
            ``(4) Termination or modification.--Nothing in this section 
        shall prevent any party 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 for breach of contract 
        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.
            ``(2) Automatic stay.--Any prospective relief subject to a 
        pending motion shall be automatically stayed 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 subsection 
                (b)(3); and
                    ``(B) ending on the date the court enters a final 
                order ruling on the motion.
    ``(f) 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;
            ``(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 incarcerated or 
        detained in 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 `prospective relief' means all relief other 
        than monetary damages; and
            ``(7) the term `relief' means all relief in any form that 
        may be granted or approved by the court, and includes consent 
        decrees and settlement agreements (except a settlement 
        agreement the breach of which is not subject to any court 
        enforcement other than reinstatement of the civil proceeding 
        that such agreement settled).''.
    (b) Application of Amendment.--
            (1) In general.--Section 3626 of title 18, United States 
        Code, as amended by this section, shall apply with respect to 
        all relief (as defined in such section) whether such relief was 
        originally granted or approved before, on, or after the date of 
        the enactment of this Act.
            (2) Technical amendment.--Subsections (b) and (d) of 
        section 20409 of the Violent Crime Control and Law Enforcement 
        Act of 1994 are repealed.
    (c) Clerical Amendment.--The table of sections at the beginning of 
subchapter C of chapter 229 of title 18, United States Code, is amended 
to read as follows:

``3626. Appropriate remedies with respect to prison conditions.''.

SEC. 3. AMENDMENTS TO CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS ACT.

    Section 7 of the Civil Rights of Institutionalized Persons Act (42 
U.S.C. 1997e) is amended by adding at the end the following new 
subsections:
    ``(f) Attorney's Fees.--(1) In any action brought by a prisoner who 
is confined to any jail, prison, or other correctional facility, in 
which attorney's fees are authorized under section 2 of the Revised 
Statutes of the United States (42 U.S.C. 1988), such fees shall be 
awarded only if--
            ``(A) the fee was directly and reasonably incurred in 
        proving an actual violation of the plaintiff's rights protected 
        by a statute pursuant to which a fee may be awarded under 
        section 2 of the Revised Statutes; and
            ``(B) the amount of the fee is proportionately related to 
        the court ordered relief for the violation.
    ``(2) Whenever a monetary judgment is awarded in an action 
described in paragraph (1), a portion of the judgment (not to exceed 25 
percent) shall be applied to satisfy the amount of attorney's fees 
awarded against the defendant. If the award of attorney's fees is 
greater than 25 percent of the judgment, the excess shall be paid by 
the defendant.
    ``(3) No award of attorney's fees in an action described in 
paragraph (1) shall be based on an hourly rate greater than the hourly 
rate established under section 3006A of title 18, United States Code, 
for payment of court-appointed counsel.
    ``(4) Nothing in this subsection shall prohibit a prisoner from 
entering into an agreement to pay an attorney's fee in an amount 
greater than the amount authorized under this subsection, if the fee is 
paid by the individual rather than by the defendant pursuant to section 
2 of the Revised Statutes of the United States (42 U.S.C. 1988).
    ``(g) Telephone Hearings.--To the extent practicable, in any action 
brought in Federal court pursuant to section 1979 of the Revised 
Statutes of the United States (42 U.S.C. 1983) by a prisoner crime 
confined in any jail, prison, or other correctional facility, pretrial 
proceedings in which the prisoner's participation is required or 
permitted shall be conducted by telephone without removing the prisoner 
from the facility in which the prisoner is confined. Any State may 
adopt a similar requirement regarding hearings in such actions in that 
State's courts.
    ``(h) Definition.--As used in this section, the term `prisoner' 
means any person incarcerated or detained in 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.''.

SEC. 4. SUCCESSIVE CLAIMS IN PROCEEDINGS IN FORMA PAUPERIS.

    Section 1915 of title 28, United States Code, is amended by adding 
at the end the following new subsection:
    ``(f)(1) In no event shall a prisoner in any prison bring a civil 
action or appeal a judgment in a civil action or proceeding under this 
section if the prisoner has, on 3 or more prior occasions, brought an 
action or appeal in a court of the United States that was dismissed on 
the grounds that it is frivolous, malicious, or fails to state a claim 
upon which relief may be granted, unless the prisoner is under imminent 
danger of serious bodily harm.
    ``(2) As used in this subsection, the term `prisoner' means any 
person incarcerated or detained in 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.''.
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