I
103D CONGRESS
2D SESSION
H. R. 3895
To provide appropriate remedies for prison overcrowding.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 24, 1994
Mr. CANADY (for himself, Mr. PETE GEREN of Texas, Mr. ZIMMER, Mrs.
THURMAN, Mr. DIAZ-BALART, Mr. CONDIT, Mr. COLLINS of Georgia, Mr.
HOEKSTRA, Mr. POMBO, Mr. INGLIS of South Carolina, Mr. HUTTO, Mr.
MILLER of Florida, Mr. DOOLITTLE, Mr. CRAPO, Mr. KASICH, Mrs.
FOWLER, Mr. BILIRAKIS, Mr. DELAY, Mr. GOSS, Mr. TALENT, Mr.
BAKER of California, Mr. CALLAHAN, Mr. LEWIS of Florida, Mr. YOUNG
of Florida, Mr. DORNAN, Mr. MOORHEAD, Mr. STUMP, Mr. BOEHNER,
Mr. COBLE, Mr. MCKEON, and Mr. STEARNS) introduced the following
bill; which was referred to the Committee on the Judiciary
A BILL
To provide appropriate remedies for prison overcrowding.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Prison Management
Relief Act of 1994’’.
SEC. 2. APPROPRIATE REMEDIES FOR PRISON OVER-
CROWDING.
(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:
‘‘§ 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 indi-
vidual plaintiff inmate proves that the crowding
causes the infliction of cruel and unusual punish-
ment of that inmate.
‘‘(2) RELIEF.—The relief in a case described in
paragraph (1) shall extend no further than nec-
essary to remove the conditions that are causing the
cruel and unusual punishment of the plaintiff in-
mate.
‘‘(b) INMATE POPULATION CEILINGS.—
‘‘(1) REQUIREMENT
OF
SHOWING
WITH
RE-
SPECT
TO
PARTICULAR
PRISONERS.—A Federal
court shall not place a ceiling on the inmate popu-
lation of any Federal, State, or local detention facil-
ity as an equitable remedial measure for conditions
that violate the eighth amendment unless crowding
is inflicting cruel and unusual punishment on par-
ticular identified prisoners.
‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1)
of this subsection shall not be construed to have any
effect on Federal judicial power to issue equitable
relief other than that described in paragraph (1) of
this subsection, including the requirement of im-
proved 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.’’.
(b) APPLICATION OF AMENDMENT.—Section 3626 of
title 18, United States Code, as added by paragraph (1),
shall apply to all outstanding court orders on the date of
enactment of this Act. Any State or municipality shall be
entitled to seek modification of any outstanding eighth
amendment decree pursuant to that section.
(c) CLERICAL AMENDMENT.—The table of sections
at the beginning of subchapter C of chapter 229 of title
18, United States Code, is amended by adding at the end
the following new item:
‘‘3626. Appropriate remedies with respect to prison crowding.’’.
(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.
Æ