Page:United States Statutes at Large Volume 110 Part 2.djvu/214

 110 STAT. 1321-67 PUBLIC LAW 104-134—APR. 26, 1996 to any adverse impact on public safety or the operation of a criminal justice system caused by the preliminary relief and shall respect the principles of comity set out in paragraph (1)(B) in tailoring any preliminary relief Preliminary injunctive relief shall automatically expire on the date that is 90 days after its entry, unless the court makes the findings required under subsection (a)(1) for the entry of prospective relief and makes the order final before the expiration of the 90-day period. "(3) PRISONER RELEASE ORDER. —(A) In any civil action with respect to prison conditions, no prisoner release order shall be entered unless— "(i) a court has previously entered an order for less intrusive relief that has failed to remedy the deprivation of the Federal right sought to be remedied through the prisoner release order; and "(ii) the defendant has had a reasonable amount of time to comply with the previous court orders. "(B) In any civil action in Federal court with respect to prison conditions, a prisoner release order shall be entered only by a three-judge court in accordance with section 2284 of title 28, if the requirements of subparagraph (E) have been met. "(C) A party seeking a prisoner release order in Federal court shall file with any request for such relief, a request for a three-judge court and materials sufficient to demonstrate that the requirements of subparagraph (A) have been met. "(D) If the requirements under subparagraph (A) have been met, a Federal judge before whom a civil action with respect to prison conditions is pending who believes that a prison release order should be considered may sua sponte request the convening of a three-judge court to determine whether a prisoner release order should be entered. "(E) The three-judge court shall enter a prisoner release order only if the court finds by clear and convincing evidence that— "(i) crowding is the primary cause of the violation of a Federal right; and "(ii) no other relief will remedy the violation of the Federal right. "(F) Any State or local official or unit of government whose jurisdiction or function includes the appropriation of funds for the construction, operation, or maintenance of program facilities, or the prosecution or custody of persons who may be released from, or not admitted to, a prison as a result of a prisoner release order shall have standing to oppose the imposition or continuation in effect of such relief and to seek termination of such relief, and shall have the right to intervene in any proceeding relating to such relief. " (b) TERMINATION OF RELIEF. — "(1) TERMINATION OF PROSPECTIVE RELIEF.— (A) In any civil action with respect to prison conditions in which prospective relief is ordered, such relief shall be terminable upon the motion of any party or intervener— "(i) 2 years after the date the court granted or approved the prospective relief;

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