Page:United States Statutes at Large Volume 110 Part 2.djvu/217

This page needs to be proofread.


PUBLIC LAW 104-134—APR. 26, 1996 110 STAT. 1321-70 "(1) the term 'consent decree' means any relief entered by the court that is based in whole or in part upon the consent or acquiescence of the parties but does not include private settlements; "(2) the term 'civil action with respect to prison conditions' means any civil proceeding arising under Federal law with respect to the conditions of confinement or the effects of actions by government officials on the lives of persons confined in prison, but does not include habeas corpus proceedings challenging the fact or duration of confinement in prison; "(3) the term 'prisoner' means any person subject to incarceration, detention, or admission to any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program; "(4) the term 'prisoner release order' includes any order, including a temporary restraining order or preliminary injunctive relief, that has the purpose or effect of reducing or limiting the prison population, or that directs the release from or nonadmission of prisoners to a prison; "(5) the term 'prison' means any Federal, State, or local facility that incarcerates or detains juveniles or adults accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law; "(6) the term 'private settlement agreement' means an agreement entered into among the parties that is not subject to judicial enforcement other than the reinstatement of the civil proceeding that the agreement settled; "(7) the term 'prospective relief means all relief other than compensatory monetary damages; "(8) the term 'special master' means any person appointed by a Federal court pursuant to Rule 53 of the Federal Rules of Civil Procedure or pursuant to any inherent power of the court to exercise the powers of a master, regardless of the title or description given by the court; and "(9) the term 'relief means all relief in any form that may be granted or approved by the court, and includes consent decrees but does not include private settlement agreements.". (b) APPLICATION OF AMENDMENT.— (1) IN GENERAL.— Section 3626 of title 18, United States 18 USC 3626 Code, as amended by this section, shall apply with respect ^o^. to all prospective relief whether such relief was originally granted or approved before, on, or after the date of the enactment of this title. (2) TECHNICAL AMENDMENT.—Subsections (b) and (d) of section 20409 of the Violent Crime Control and Law Enforcement Act of 1994 are repealed. 18 USC 3626 (c) CLERICAL AMENDMENT.— The table of sections at the begin- note, ning of subchapter C of chapter 229 of title 18, United States Code, is amended to read as follows: "3626. Appropriate remedies with respect to prison conditions.". SEC. 803. AMENDMENTS IX) CIVIL RIGHTS OF INSTITUTIONAUZED PERSONS ACT. (a) INITIATION OF CIVIL ACTIONS. —Section 3(c) of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997a(c)) (referred to in this section as the "Act") is amended to read as follows: