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Current as of January 01, 2025 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Pennsylvania Statutes Title 42 Pa.C.S.A. Judiciary and Judicial Procedure § 6605. Types of prospective relief - last updated January 01, 2025 | https://codes.findlaw.com/pa/title-42-pacsa-judiciary-and-judicial-procedure/pa-csa-sect-42-6605/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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