2012 Pennsylvania Consolidated Statutes
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 66 - Prisoner Litigation
Section 6601 - Definitions

PRISONER LITIGATION

Sec.

6601.  Definitions.

6602.  Prisoner filing fees.

6603.  Limitations on remedies.

6604.  Prospective relief.

6605.  Types of prospective relief.

6606.  Termination or modification of prospective relief.

6607.  Time limits on settlements.

6608.  Payment of damage award or settlement.

Enactment.  Chapter 66 was added June 18, 1998, P.L.640, No.84, effective in 60 days.

Applicability.  Section 6 of Act 84 of 1998 provided that Chapter 66 shall apply to cases pending or prospective relief that remains in effect on or after the effective date of Act 84.

§ 6601.  Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Consent decree."  Relief entered or approved by the court that is based in whole or in part upon the consent or acquiescence of the parties. The term does not include a private settlement agreement.

"Frivolous."  Lacking an arguable basis either in law or in fact.

"Government party."  The Commonwealth or a political subdivision and any person elected or appointed to any office of, or hired, employed or contracted by, the Commonwealth or a political subdivision when acting within the scope of those duties.

"Prison."  A State, county or other facility which incarcerates or officially detains persons accused of, convicted of or sentenced for violations of criminal law or the terms or conditions of parole, probation, pretrial release or a diversionary program.

"Prison conditions litigation."  A civil proceeding arising in whole or in part under Federal or State law with respect to the conditions of confinement or the effects of actions by a government party on the life of an individual confined in prison. The term includes an appeal. The term does not include criminal proceedings or habeas corpus proceedings challenging the fact or duration of confinement in prison.

"Prisoner."  A person subject to incarceration, detention or admission to prison.

"Prisoner release order."  An order, including a temporary restraining order or preliminary injunction, which has the purpose or effect of reducing or limiting the prison population or which directs the release of prisoners from or nonadmission of prisoners to a prison.

"Private settlement agreement."  An agreement entered into among parties to an action which is not subject to judicial enforcement other than reinstatement of the civil proceeding which the agreement settled.

"Prospective relief."  All relief other than compensatory monetary damages.

"Relief."  Relief in any form which may be granted or approved by a court. The term includes a consent decree. The term does not include a private settlement agreement.

"Special master."  A person appointed to assist the court in prison conditions litigation or to perform functions comparable to those performed by a special master in Federal court pursuant to Fed. Rules Civ. Proc. Rule 53 (relating to masters) or 18 U.S.C. § 3126 (relating to appropriate remedies with respect to prison crowding). The term includes persons performing such functions regardless of the title given by the court.

"Violation of Pennsylvania law."  A violation of the Constitution of Pennsylvania or a Pennsylvania statute. The term does not include the violation of a regulation, consent decree or court order unless such violation also independently establishes a violation of the Constitution of Pennsylvania or a Pennsylvania statute.