TITLE 19

CRIMINAL PROCEDURE

CHAPTER 42

HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT

19-4219.  Immediate termination of order or decree for prospective relief in conditions of confinement cases. (1) In any civil action with respect to conditions of confinement, the administrator of the institution, or of the state, local or private correctional facility, or intervenor shall be entitled to the immediate termination of any prospective relief if the relief was approved or granted in the absence of an express finding by the court that the relief:

(a)  Is narrowly drawn;

(b)  Extends no further than necessary to correct the violation of the constitutional right; and

(c)  Is the least intrusive means necessary to correct the violation of the constitutional right.

(2)  Prospective relief shall not terminate if the court makes written findings based on the record that the prospective relief:

(a)  Remains necessary to correct a current or ongoing violation of the constitutional right;

(b)  Extends no further than necessary to correct the violation of the constitutional right;

(c)  Is narrowly drawn; and

(d)  Is the least intrusive means to correct the violation.

(3)  Nothing in this section shall prevent the administrator of the institution, or of the state, local or private correctional facility, or intervenor from seeking modification or termination before the relief is terminable under subsection (1) or (2) of this section to the extent that modification or termination would otherwise be legally permissible.

History:

[19-4219, added 1999, ch. 376, sec. 2, p. 1033; am. 2000, ch. 271, sec. 12, p. 784.]