§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.

(Added Pub. L. 103–322, title II, §20409(a), Sept. 13, 1994, 108 Stat. 1827 .)

Termination of Section

For termination of section by section 20409(d) of Pub. L. 103–322, see Effective and Termination Dates note below.

Effective and Termination Dates

Section 20409(b), (d) of Pub. L. 103–322 provided that:

"(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 [Sept. 13, 1994]. Any State or municipality shall be entitled to seek modification of any outstanding eighth amendment decree pursuant to that section.

"(d) Sunset Provision.-This section [enacting this section] and the amendments made by this section are repealed effective as of the date that is 5 years after the date of enactment of this Act [Sept. 13, 1994]."