Sec. 20409. APPROPRIATE REMEDIES FOR PRISON OVERCROWDING

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## SEC. 20409 APPROPRIATE REMEDIES FOR PRISON OVERCROWDING ###

(a)Amendment of Title 18, United States Code Subchapter C of chapter 229 of part 2 of title 18, United States Code, is amended by adding at the end the following new section: > > ## “§ 3626 Appropriate remedies with respect to prison crowding > > > ### “(a) Requirement of Showing With Respect to the Plaintiff in Particular > > > #### “(1) Holding > > A Federal court shall not hold prison or jail crowding unconstitutional under the eighth amendment except to the extent that an individual plaintiff inmate proves that the crowding causes the infliction of cruel and unusual punishment of that inmate. > > > #### “(2) Relief > > The relief in a case described in paragraph

(1)shall extend no further than necessary to remove the conditions that are causing the cruel and unusual punishment of the plaintiff inmate. > > > ### “(b) Inmate Population Ceilings > > > #### “(1) Requirement of showing with respect to particular prisoners > > A Federal court shall not place a ceiling on the inmate population of any Federal, State, or local detention facility as an equitable remedial measure for conditions that violate the eighth amendment unless crowding is inflicting cruel and unusual punishment on particular identified prisoners. > > > #### “(2) Rule of construction > > Paragraph

(1)shall not be construed to have any effect on Federal judicial power to issue equitable relief other than that described in paragraph (1), including the requirement of improved medical or health care and the imposition of civil contempt fines or damages, where such relief is appropriate. > > > ### “(c) Periodic Reopening > > Each Federal court order or consent decree seeking to remedy an eighth amendment violation shall be reopened at the behest of a defendant for recommended modification at a minimum of 2-year intervals.” > . **[**Subsections

(b)and

(c)repealed by PL 104-134**]** ###

(d)Sunset Provision This section and the amendments made by this section are repealed effective as of the date that is 5 years after the date of enactment of this Act.