Types of prospective relief. (a) Preliminary injunctive relief.-- In prison conditions litigation, the court may, to the extent authorized by law, enter
Pennsylvania Consolidated Statutes
Section: 6605
Jurisdiction: PA
Bluebook Citation: 42 Pa. Cons. Stat. § 6605
§ 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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