I
103D CONGRESS
1ST SESSION
H. R. 2354
To limit judicial interference in the management of the Nation’s prisons
and jails and permit incarceration of greater numbers of dangerous
offenders, without restricting the legitimate constitutional rights of
inmates.
IN THE HOUSE OF REPRESENTATIVES
JUNE 9, 1993
Mr. CANADY (for himself and Mr. MCCOLLUM) introduced the following bill;
which was referred to the Committee on the Judiciary
A BILL
To limit judicial interference in the management of the Na-
tion’s prisons and jails and permit incarceration of great-
er numbers of dangerous offenders, without restricting
the legitimate constitutional rights of inmates.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That this Act may be cited as the ‘‘Prison Litigation
Relief Act of 1993’’.
SEC. 2. ACTIONS CHALLENGING CONDITIONS OF CONFINE-
MENT.
(a) IN GENERAL.—Title 28, United States Code is
amended by inserting after chapter 176 the following new
chapter:
‘‘CHAPTER 177—ACTIONS CHALLENGING
CONDITIONS OF CONFINEMENT
‘‘Sec.
‘‘3401. Limitations on remedies.
‘‘3402. Consent decrees.
‘‘3403. Modification of orders or decrees.
‘‘§ 3401. Limitations on remedies
‘‘(a)(1) If the district court, in any action challenging
the constitutionality of conditions of confinement in any
prison, jail, detention facility, or other correctional institu-
tion housing persons accused or convicted of a crime or
juveniles adjudicated delinquent, finds that one or more
conditions of confinement are in violation of the United
States Constitution, the court shall narrowly tailor any re-
lief to fit the nature and extent of the violations and shall
make the order no more intrusive than absolutely nec-
essary to ensure that the violations are remedied. The
court shall have no jurisdiction—
‘‘(A) to impose a ceiling on the population of
any institution or to require any adjustment of the
release dates of inmates; or
‘‘(B) to prohibit the use of tents or prefab-
ricated structures for housing inmates.
‘‘§ 3402. Consent decrees
‘‘(a) No consent decree in any action challenging the
constitutionality of conditions of confinement in any pris-
on, jail, detention facility, or other correctional institution
housing persons accused or convicted of a crime or juve-
niles adjudicated delinquent shall provide relief greater
than the minimum required to bring the conditions of con-
finement into substantial compliance with the United
States Constitution.
‘‘(b) In entering a consent decree, the court shall
make a written finding that the relief provided in the de-
cree is no greater than the minimum required to bring
the conditions of confinement into substantial compliance
with the United States Constitution. If it appears to the
court that the relief provided in the decree is greater than
the minimum required, the court may recommend changes
in the decree.
‘‘§ 3403. Modification of orders or decrees
‘‘(a)(1) Upon motion of a defendant at any time, the
court may conduct a hearing on whether an order or de-
cree described in section 3401 or 3402 of this title should
be modified in light of—
‘‘(A) changed factual circumstances affecting
the operation of the order or decree, whether or not
foreseeable;
‘‘(B) a change or clarification of the governing
law, whether or not foreseeable;
‘‘(C) a succession in office of an official respon-
sible for having consented to a decree;
‘‘(D) the government’s financial constraints or
any other matter affecting public safety or the pub-
lic interest; or
‘‘(E) any ground provided in Rule 60(b) of the
Federal Rules of Civil Procedure.
‘‘(2) The court shall conduct such a hearing if the
motion was filed more than one year after the date of the
order or decree or the date on which the last previous
modification hearing was conducted, whichever is later.
‘‘(b) If the court denies a motion to modify an order
or consent decree under subsection (a) of this section, the
court shall make a written finding that the relief provided
in the order or decree, as of the date of decision, is no
greater than the minimum required to bring the conditions
of confinement into substantial compliance with the
United States Constitution.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
at the beginning of part VI of title 28, United States Code,
is amended by inserting after the item relating to chapter
176 the following:
‘‘177. Actions Challenging Conditions of Confinement ....... 3401’’.
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