[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3718 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3718

To limit the jurisdiction of the Federal courts with respect to prison 
                            release orders.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 23, 1998

  Mr. DeLay introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To limit the jurisdiction of the Federal courts with respect to prison 
                            release orders.

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

SECTION 1. LIMITATION ON PRISONER RELEASE ORDERS.

    (a) In General.--Chapter 99 of title 28, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1632. Limitation on prisoner release orders
    ``(a) Limitation.--Notwithstanding section 3626(a)(3) of title 18 
or any other provision of law, in a civil action with respect to prison 
conditions, no court of the United States or other court listed in 
section 610 shall have jurisdiction to enter or carry out any prisoner 
release order that would result in the release from or nonadmission to 
a prison, on the basis of prison conditions, of any person subject to 
incarceration, detention, or admission to a facility because of a 
conviction of a felony under the laws of the relevant jurisdiction, or 
a violation of the terms or conditions of parole, probation, pretrial 
release, or a diversionary program, relating to the commission of a 
felony under the laws of the relevant jurisdiction.
    ``(b) Definitions.--As used in this section--
            ``(1) the terms `civil action with respect to prison 
        conditions', `prisoner', `prisoner release order', and `prison' 
        have the meanings given those terms in section 3626(g) of title 
        18; and
            ``(2) the term `prison conditions' means conditions of 
        confinement or the effects of actions by government officials 
        on the lives of persons confined in prison.
    (b) Conforming Amendment.--The table of sections for chapter 99 of 
title 28, United States Code, is amended by adding at the end the 
following new item:

``1632. Limitation on prisoner release orders.''.
    (c) Consent Decrees.--
            (1) Termination of existing consent decrees.--Any consent 
        decree that was entered into before the date of the enactment 
        of the Prison Litigation Reform Act of 1995, that is in effect 
        on the day before the date of the enactment of this Act, and 
        that provides for remedies relating to prison conditions shall 
        cease to be effective on the date of the enactment of this Act.
            (2) Definitions.--As used in this subsection--
                    (A) the term ``consent decree'' has the meaning 
                given that term in section 3626(g) of title 18, United 
                States Code; and
                    (B) the term ``prison conditions'' has the meaning 
                given that term in section 1632(c) of title 28, United 
                States Code, as added by subsection (a) of this 
                section.
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