Sec. 191104. Exemption from exhausting administrative remedies during covered emergency period
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Section 7 of the Civil Rights of Institutionalized Persons Act ( 42 U.S.C. 1997e ) is amended by adding at the end the following: Notwithstanding the other provisions of this section, during the covered emergency period, a prisoner may commence, without exhausting all administrative remedies, an action relating to conditions of imprisonment under which the prisoner is at significant risk of harm or under which the prisoner’s access to counsel has been impaired. If the court determines the prisoner is reasonably likely to prevail, the court may order such appropriate relief, limited in time and scope, as may be necessary to prevent or remedy the significant risk of harm or provide access to counsel.
Section 6 shall apply in the case of retaliation against a prisoner who files an administrative claim or lawsuit during the covered emergency period or attempts to so file. For purposes of this subsection, the term covered emergency period has the meaning given the term in section 12003 of the CARES Act ( Public Law 116–136 ). .
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Sec. 191104
Exemption from exhausting administrative remedies during covered emergency period
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