THE PROGRESSIVE VOICE OF REFORM

* U.S.C. TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

* PART II - CRIMINAL PROCEDURE

* CHAPTER 229 - POSTSENTENCE ADMINISTRATION

* SUBCHAPTER C - IMPRISONMENT

Sec. 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.