§ 6604. Prospective relief.
213 words·~1 min read·
/pa/title-42/chapter-66/6604A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 6604. Prospective relief.
(a)General rule.-- Prospective relief in prison conditions litigation shall extend no further than necessary to correct the violation of Pennsylvania law. The court shall not grant or approve prospective relief unless the relief is narrowly drawn, extends no further than necessary and is the least intrusive means necessary to correct the violation of Pennsylvania law. The court shall give substantial weight to any adverse impact on public safety, prison operations or the operation of the criminal justice system.
(b)Conformity.-- The court shall not order any prospective relief that requires or permits a government official to exceed authority under or otherwise violate Pennsylvania law or the law of a political subdivision unless the relief meets all of the following:
(1)Is required by Pennsylvania law.
(2)Is necessary to correct the violation.
(3)Is the only relief which will correct the violation.
(c)Limitation.-- Nothing in this section shall be construed to authorize the court to order the construction of prisons or to repeal or detract from otherwise applicable limitations on the remedial powers of the courts.
(d)Private settlement agreements.-- The provisions of this section shall not apply to private settlement agreements.
42c6604v
Cross References. Section 6604 is referred to in section 6605 of this title.
42c6605s