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Types of prospective relief - 42 Pa. Cons. Stat. § 6605Legal Research Home > Pennsylvania Statutes
§ 6605. Types of prospective relief.
(a) Preliminary injunctive relief.--In prison conditions
litigation, the court may, to the extent authorized by law,
enter a temporary restraining order or preliminary injunction. A
preliminary injunction shall automatically expire 90 days after
its entry unless the court makes the findings required under
section 6604 (relating to prospective relief) for the entry of
prospective relief and makes the order final before the
expiration of the 90-day period.
(b) Prisoner release orders.--The court shall enter a
prisoner release order only if it finds by clear and convincing
evidence that crowding is the primary cause of the violation.
The government party with jurisdiction over the prison subject
to the prisoner release order or the prosecution or custody of
persons who may be released from prison as a result of a
prisoner release order shall have standing to intervene in any
related proceeding and to oppose the imposition or continuation
of the order and to seek termination of the order. No prisoner
release order shall be entered unless:
(1) a court previously entered an order for less
intrusive relief which has failed to remedy the violation
sought to be remedied. Such order may include a prisoner
release order;
(2) the defendant has had a reasonable amount of time to
comply with the previous court order; and
(3) no other relief will remedy the violation.
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Last modified: November 27, 2007 |
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