TITLE 19

CRIMINAL PROCEDURE

CHAPTER 42

HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT

19-4217.  Injunctive relief available to prisoners and other institutionalized persons in conditions of confinement cases. (1) If the court finds that a prisoner’s or other institutionalized person’s constitutional rights have been violated involving conditions of confinement, the court may order injunctive relief consistent with and subject to the limitations set forth in this chapter.

(2)  If the court concludes that injunctive relief is necessary to cure unconstitutional conditions of confinement, the court shall enter an order subject to the following limitations:

(a)  Any order for injunctive relief shall be accompanied by specific findings of fact and conclusions of law;

(b)  Injunctive relief shall be narrowly drawn and extend no further than necessary to correct the violation of the constitutional right;

(c)  Injunctive relief must be the least intrusive means necessary to correct the constitutional violation;

(d)  The court shall give substantial weight to any adverse impact on public safety;

(e)  The court shall give substantial deference to the discretion of administrators of the institution or the state, local or private correctional facility;

(f)  The administrator of the institution, or of the state, local or private correctional facility shall be given all reasonable opportunities to correct state or federal constitutional errors made in the internal operations of the institution and shall be charged with the task of devising constitutionally sound modifications to their operations.

History:

[19-4217, added 1999, ch. 376, sec. 2, p. 1032; am. 2000, ch. 271, sec. 11, p. 784.]