§ 6606. Termination or modification of prospective relief.

245 words·~1 min read·/pa/title-42/chapter-66/6606

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

(a)General rule.-- In prison conditions litigation in which prospective relief is or has been ordered, the relief shall be terminable upon the motion of a party or intervener two years after the date the court granted or approved the prospective relief or one year after the date the court entered an order denying termination of prospective relief under this subsection.

(b)Early termination.-- Nothing in this section shall prevent the parties from agreeing to terminate or modify relief before the relief is terminated under subsection (a).

(c)Immediate termination.-- In prison conditions litigation, a party or intervener shall be entitled to the immediate termination of prospective relief if the relief was approved or granted in the absence of a finding on the record by the court that the relief is narrowly drawn, extends no further than necessary and is the least intrusive means necessary to correct the violation of Pennsylvania law.

(d)Limitation.-- Prospective relief shall not terminate if the court makes written findings based on the record that prospective relief remains necessary to correct a current and ongoing violation of Pennsylvania law previously determined by the court to exist, extends no further than necessary and is the least intrusive means necessary to correct that violation of Pennsylvania law.

(e)Other termination or modification.-- Nothing in this section shall prevent a party or intervener from seeking modification or termination to the extent otherwise legally permissible.

42c6607s