HR 4109 IHCommentsClose CommentsPermalink

To provide for the redress of prison abuses, and for other purposes.CommentsClose CommentsPermalink

November 7, 2007

Mr. SCOTT of Virginia (for himself and Mr. CONYERS) introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

To provide for the redress of prison abuses, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Prison Abuse Remedies Act of 2007'.CommentsClose CommentsPermalink

SEC. 2. SHOWING OF PHYSICAL INJURY NOT MANDATORY FOR CLAIMS.

(a) Civil Rights of Institutionalized Persons Act- Section 7 of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e) is amended by striking subsection (e).CommentsClose CommentsPermalink





(b) Title 28- Section 1346(b) of title 28, United States Code, is amended by striking paragraph (2).CommentsClose CommentsPermalink

SEC. 3. STAYING OF NONFRIVOLOUS CIVIL ACTIONS TO PERMIT RESOLUTION THROUGH ADMINISTRATIVE PROCESSES.

Subsection (a) of section 7 of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e(a)) is amended to read as follows:CommentsClose CommentsPermalink





`(a) Administrative Remedies-CommentsClose CommentsPermalink





`(1) PRESENTATION- No claim with respect to prison conditions under section 1979 of the Revised statutes (42 U.S.C. 1983), or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility shall be adjudicated except under section 1915A(b) of title 28, United States Code, until the claim has been presented for consideration to officials of the facility in which the claim arose. Such presentation satisfies the requirement of this paragraph if it provides prison officials of the facility in which the claim arose with reasonable notice of the prisoner's claim, and if it occurs within the generally applicable limitations period for filing suit.CommentsClose CommentsPermalink





`(2) STAY- If a claim included in a complaint has not been presented as required by paragraph (1), and the court does not dismiss the claim under section 1915A(b) of title 28, United States Code, the court shall stay the action for a period not to exceed 90 days and shall direct prison officials to consider the relevant claim or claims through such administrative process as they deem appropriate. However, the court shall not stay the action if the court determines that the prisoner is in danger of immediate harm.CommentsClose CommentsPermalink





`(3) PROCEEDING- Upon the expiration of the stay under paragraph (2), the court shall proceed with the action except to the extent the court is notified by the parties that it has been resolved.'.CommentsClose CommentsPermalink

SEC. 4. EXEMPTION OF JUVENILES FROM PRISON LITIGATION REFORM ACT.

(a) Title 18-CommentsClose CommentsPermalink





(1) JUVENILE PROCEEDINGS- Section 3626(g) of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(A) in paragraph (3) by striking `or adjudicated delinquent for,'; andCommentsClose CommentsPermalink





(B) so that paragraph (5) reads as follows:CommentsClose CommentsPermalink





`(5) the term `prison' means any Federal, State, or local facility that incarcerates or detains prisoners;'.CommentsClose CommentsPermalink





(2) ADULT CONVICTIONS- Section 3626 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





`(h) Exclusion of Child Prisoners- This section does not apply with respect to a prisoner who has not attained the age of 18 years.'.CommentsClose CommentsPermalink





(b) Civil Rights of Institutionalized Persons Act-CommentsClose CommentsPermalink





(1) Section 7(h) of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e(h)), is amended by striking `or adjudicated delinquent for,'.CommentsClose CommentsPermalink





(2) Section 7 of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(i) Exclusion of Child Prisoners- This section does not apply with respect to a prisoner who has not attained the age of 18 years.'.CommentsClose CommentsPermalink





(c) Title 28- Title 28, United States Code, is amended--CommentsClose CommentsPermalink





(1) in section 1915(h)--CommentsClose CommentsPermalink





(A) by inserting `who has attained the age of 18 years' after `means any person'; andCommentsClose CommentsPermalink





(B) by striking `or adjudicated delinquent for,'; andCommentsClose CommentsPermalink





(2) in section 1915A(c)--CommentsClose CommentsPermalink





(A) by inserting `who has attained the age of 18 years' after `means any person'; andCommentsClose CommentsPermalink





(B) by striking `or adjudicated delinquent for,'.CommentsClose CommentsPermalink

SEC. 5. MODIFICATION OF BAN ON MULTIPLE IN FORMA PAUPERIS CLAIMS.

Section 1915(g) of title 28, United States Code, is amended--CommentsClose CommentsPermalink





(1) by inserting `within the preceding 5 years' after `3 or more occasions'; andCommentsClose CommentsPermalink





(2) by striking `, malicious, or fails to state a claim upon which relief may be granted' and inserting `or malicious'.CommentsClose CommentsPermalink

SEC. 6. JUDICIAL DISCRETION IN CRAFTING PRISON ABUSE REMEDIES.

Section 3626 of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a)(1), by striking subparagraphs (A) and (B);CommentsClose CommentsPermalink





(2) in subsection (a)(2)--CommentsClose CommentsPermalink





(A) by striking `and shall respect the principles of comity set out in paragraph (1)(B)'; andCommentsClose CommentsPermalink





(B) by striking the final sentence;CommentsClose CommentsPermalink





(3) in subsection (b)(1)(A), by inserting `if that party demonstrates that it has eliminated the violation of the Federal right that gave rise to the prospective relief and that the violation is reasonably unlikely to recur' after `intervenor';CommentsClose CommentsPermalink





(4) in subsection (b)(1)(B), by adding at the end the following: `Nothing in this section shall prevent the court from extending any of the time periods set out in subparagraph (A), if the court finds, at the time of granting or approval of the prospective relief, that correcting the violation will take longer than those time periods.';CommentsClose CommentsPermalink





(5) by striking paragraphs (2) and (3) of subsection (b);CommentsClose CommentsPermalink





(6) in subsection (b)(4), by striking `or (2)';CommentsClose CommentsPermalink





(7) by striking paragraph (1) of subsection (c); andCommentsClose CommentsPermalink





(8) by striking paragraphs (2), (3), and (4) of subsection (e).CommentsClose CommentsPermalink

SEC. 7. RESTORE ATTORNEYS FEES FOR PRISON LITIGATION REFORM ACT CLAIMS.

Section 7 of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e) is amended by striking subsection (d).CommentsClose CommentsPermalink

SEC. 8. FILING FEES IN FORMA PAUPERIS.

Section 1915(b)(1) of title 28, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking `or files an appeal'; andCommentsClose CommentsPermalink





(2) by inserting `and the action is dismissed at initial screening pursuant to subsection (e)(2) of this section, section 1915A of this title, or section 7(c)(1) of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e(c)(1)),' after `in forma pauperis,'.CommentsClose CommentsPermalink

SEC. 9. TECHNICAL AMENDMENT TO RESOLVE AMBIGUITY.

Section 1915(a)1) of title 28, United States Code, is amended by striking `that includes a statement of all assets such prisoner possesses' and inserting `(including a statement of assets such person possesses)'.CommentsClose CommentsPermalink