(3) by inserting ‘‘fails to state a claim upon
which relief may be granted or’’ after ‘‘that the ac-
tion’’; and
(4) by inserting ‘‘even if partial filing fees have
been imposed by the court’’ before the period.
(b) PRISONER’S STATEMENT OF ASSETS.—Section
1915 of title 28, United States Code, is amended by add-
ing at the end the following:
‘‘(f) If a prisoner in a correctional institution files
an affidavit in accordance with subsection (a) of this sec-
tion, such prisoner shall include in that affidavit a state-
ment of all assets such prisoner possesses. The court shall
make inquiry of the correctional institution in which the
prisoner is incarcerated for information available to that
institution relating to the extent of the prisoner’s assets.
The court shall require full or partial payment of filing
fees according to the prisoner’s ability to pay.’’.
TITLE III—STOP TURNING OUT
PRISONERS
SEC. 301. APPROPRIATE REMEDIES FOR PRISON CONDI-
TIONS.
(a) IN GENERAL.—Section 3626 of title 18, United
States Code, is amended to read as follows:
‘‘§ 3626. Appropriate remedies with respect to prison
conditions
‘‘(a) REQUIREMENTS FOR RELIEF.—
‘‘(1) LIMITATIONS ON PROSPECTIVE RELIEF.—
Prospective relief in a civil action with respect to
prison conditions shall extend no further than nec-
essary to remove the conditions that are causing the
deprivation of the Federal rights of individual plain-
tiffs in that civil action. The court shall not grant
or approve any prospective relief unless the court
finds that such relief is narrowly drawn and the
least intrusive means to remedy the violation of the
Federal right. In determining the intrusiveness of
the relief, the court shall give substantial weight to
any adverse impact on public safety or the operation
of a criminal justice system caused by the relief.
‘‘(2) PRISON
POPULATION
REDUCTION
RE-
LIEF.—In any civil action with respect to prison con-
ditions, the court shall not grant or approve any re-
lief whose purpose or effect is to reduce or limit the
prison population, unless the plaintiff proves that
crowding is the primary cause of the deprivation of
the Federal right and no other relief will remedy
that deprivation.
‘‘(b) TERMINATION OF RELIEF.—
‘‘(1) AUTOMATIC
TERMINATION
OF
PROSPEC-
TIVE RELIEF AFTER 2-YEAR PERIOD.—In any civil
action with respect to prison conditions, any pro-
spective relief shall automatically terminate 2 years
after the later of—
‘‘(A) the date the court found the violation
of a Federal right that was the basis for the re-
lief; or
‘‘(B) the date of the enactment of the Stop
Turning Out Prisoners Act.
‘‘(2) IMMEDIATE
TERMINATION
OF
PROSPEC-
TIVE RELIEF.—In any civil action with respect to
prison conditions, a defendant or intervenor shall be
entitled to the immediate termination of any pro-
spective relief, if that relief was approved or granted
in the absence of a finding by the court that prison
conditions violated a Federal right.
‘‘(c) PROCEDURE FOR MOTIONS AFFECTING PRO-
SPECTIVE RELIEF.—
‘‘(1) GENERALLY.—The court shall promptly
rule on any motion to modify or terminate prospec-
tive relief in a civil action with respect to prison con-
ditions.
‘‘(2) AUTOMATIC STAY.—Any prospective relief
subject to a pending motion shall be automatically
stayed during the period—
‘‘(A) beginning on the 30th day after such
motion is filed, in the case of a motion made
under subsection (b); and
‘‘(B) beginning on the 180th day after
such motion is filed, in the case of a motion
made under any other law;
and ending on the date the court enters a final order
ruling on that motion.
‘‘(d) STANDING.—Any Federal, State, or local official
or unit of government—
‘‘(1) whose jurisdiction or function includes the
prosecution or custody of persons in a prison subject
to; or
‘‘(2) who otherwise is or may be affected by;
any relief whose purpose or effect is to reduce or limit
the prison population shall have standing to oppose the
imposition or continuation in effect of that relief and may
intervene in any proceeding relating to that relief. Stand-
ing shall be liberally conferred under this subsection so
as to effectuate the remedial purposes of this section.
‘‘(e) SPECIAL MASTERS.—In any civil action in a
Federal court with respect to prison conditions, any spe-
cial master or monitor shall be a United States magistrate
and shall make proposed findings on the record on com-
plicated factual issues submitted to that special master or
monitor by the court, but shall have no other function.
The parties may not by consent extend the function of
a special master beyond that permitted under this sub-
section.
‘‘(f) ATTORNEY’S FEES.—No attorney’s fee under
section 722 of the Revised Statutes of the United States
(42 U.S.C. 1988) may be granted to a plaintiff in a civil
action with respect to prison conditions except to the ex-
tent such fee is—
‘‘(1) directly and reasonably incurred in proving
an actual violation of the plaintiff’s Federal rights;
and
‘‘(2) proportionally related to the extent the
plaintiff obtains court ordered relief for that viola-
tion.’’.
‘‘(g) DEFINITIONS.—As used in this section—
‘‘(1) the term ‘prison’ means any Federal,
State, or local facility that incarcerates or detains
juveniles or adults accused of, convicted of, sen-
tenced for, or adjudicated delinquent for, violations
of criminal law;