Page:United States Statutes at Large Volume 110 Part 2.djvu/215

 PUBLIC LAW 104-134—APR. 26, 1996 110 STAT. 1321-68 "(ii) 1 year after the date the court has entered an order denying termination of prospective relief under this paragraph; or "(iii) in the case of an order issued on or before the date of enactment of the Prison Litigation Reform Act, 2 years after such date of enactment. "(B) Nothing in this section shall prevent the parties from agreeing to terminate or modify relief before the relief is terminated under subparagraph (A). "(2) IMMEDIATE TERMINATION OF PROSPECTIVE RELIEF.— In any civil action with respect to prison conditions, a defendant or intervener shall be entitled to the immediate termination of any prospective relief if the relief was approved or granted in the absence of a finding by the court that the relief is narrowly drawn, extends no further than necessary to correct the violation of the Federal right, and is the least intrusive means necessary to correct the violation of the Federal right. "(3) LIMITATION.—Prospective relief shall not terminate if the court makes written findings based on the record that prospective relief remains necessary to correct a current or ongoing violation of the Federal right, extends no further than necessary to correct the violation of the Federal right, and that the prospective relief is narrowly drawn and the least intrusive means to correct the violation. "(4) TERMINATION OR MODIFICATION OF RELIEF. — Nothing in this section shall prevent any party or intervener from seeking modification or termination before the relief is terminable under paragraph (1) or (2), to the extent that modification or termination would otherwise be legally permissible. "(c) SETTLEMENTS.— "(1) CONSENT DECREES.—In any civil action with respect to prison conditions, the court shall not enter or approve a consent decree unless it complies with the limitations on relief set forth in subsection (a). " (2) PRIVATE SETTLEMENT AGREEMENTS.— (A) Nothing in this section shall preclude parties from entering into a private settlement agreement that does not comply with the limitations on relief set forth in subsection (a), if the terms of that agreement are not subject to court enforcement other than the reinstatement of the civil proceeding that the agreement settled. "(B) Nothing in this section shall preclude any party claiming that a private settlement agreement has been breached from seeking in State court any remedy available under State law. " (d) STATE LAW REMEDIES. —The limitations on remedies in this section shall not apply to relief entered by a State court based solely upon claims arising under State law. " (e) PROCEDURE FOR MOTIONS AFFECTING PROSPECTIVE RELIEF. — "(1) GENERALLY.— The court shall promptly rule on any motion to modify or terminate prospective relief in a civil action with respect to prison conditions. "(2) AUTOMATIC STAY.— Any prospective relief subject to a pending motion shall be automatically stayed during the period—

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