§ 6605. Types of prospective relief.

230 words·~1 min read·/pa/title-42/chapter-66/6605

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Preliminary injunctive relief.-- In prison conditions litigation, the court may, to the extent authorized by law, enter a temporary restraining order or preliminary injunction. A preliminary injunction shall automatically expire 90 days after its entry unless the court makes the findings required under section 6604 (relating to prospective relief) for the entry of prospective relief and makes the order final before the expiration of the 90-day period.

(b)Prisoner release orders.-- The court shall enter a prisoner release order only if it finds by clear and convincing evidence that crowding is the primary cause of the violation. The government party with jurisdiction over the prison subject to the prisoner release order or the prosecution or custody of persons who may be released from prison as a result of a prisoner release order shall have standing to intervene in any related proceeding and to oppose the imposition or continuation of the order and to seek termination of the order. No prisoner release order shall be entered unless:

(1)a court previously entered an order for less intrusive relief which has failed to remedy the violation sought to be remedied. Such order may include a prisoner release order;

(2)the defendant has had a reasonable amount of time to comply with the previous court order; and

(3)no other relief will remedy the violation.

42c6606s