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Hr 4335 Prison Abuse Remedies Act 2009 Bill Introduced

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.....................................................................
(Original Signature of Member)

H. R. ll

111TH CONGRESS
1ST SESSION

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

IN THE HOUSE OF REPRESENTATIVES
Mr. SCOTT of Virginia introduced the following bill; which was referred to the
Committee on llllllllllllll

A BILL
To provide for the redress of prison abuses, and for other
purposes.
1

Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,
3

SECTION 1. SHORT TITLE.

4

This Act may be cited as the ‘‘Prison Abuse Remedies

5 Act of 2009’’.
6

SEC. 2. SHOWING OF PHYSICAL INJURY NOT MANDATORY

7
8

FOR CLAIMS.

(a) CIVIL RIGHTS

OF

INSTITUTIONALIZED PERSONS

9 ACT.—Section 7 of the Civil Rights of Institutionalized

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1 Persons Act (42 U.S.C. 1997e) is amended by striking
2 subsection (e).
3

(b) TITLE 28.—Section 1346(b) of title 28, United

4 States Code, is amended by striking paragraph (2).
5

SEC. 3. STAYING OF NONFRIVOLOUS CIVIL ACTIONS TO

6

PERMIT RESOLUTION THROUGH ADMINIS-

7

TRATIVE PROCESSES.

8

Subsection (a) of section 7 of the Civil Rights of In-

9 stitutionalized Persons Act (42 U.S.C. 1997e(a)) is
10 amended to read as follows:
11

‘‘(a) ADMINISTRATIVE REMEDIES.—

12

‘‘(1) PRESENTATION.—No claim with respect to

13

prison conditions under section 1979 of the Revised

14

statutes (42 U.S.C. 1983), or any other Federal law,

15

by a prisoner confined in any jail, prison, or other

16

correctional facility shall be adjudicated except

17

under section 1915A(b) of title 28, United States

18

Code, until the claim has been presented for consid-

19

eration to officials of the facility in which the claim

20

arose. Such presentation satisfies the requirement of

21

this paragraph if it provides prison officials of the

22

facility in which the claim arose with reasonable no-

23

tice of the prisoner’s claim, and if it occurs within

24

the generally applicable limitations period for filing

25

suit.

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1

‘‘(2) STAY.—If a claim included in a complaint

2

has not been presented as required by paragraph

3

(1), and the court does not dismiss the claim under

4

section 1915A(b) of title 28, United States Code,

5

the court shall stay the action for a period not to

6

exceed 90 days and shall direct prison officials to

7

consider the relevant claim or claims through such

8

administrative process as they deem appropriate.

9

However, the court shall not stay the action if the

10

court determines that the prisoner is in danger of

11

immediate harm.

12

‘‘(3) PROCEEDING.—Upon the expiration of the

13

stay under paragraph (2), the court shall proceed

14

with the action except to the extent the court is noti-

15

fied by the parties that it has been resolved.’’.

16

SEC. 4. EXEMPTION OF JUVENILES FROM PRISON LITIGA-

17
18

TION REFORM ACT.

(a) TITLE 18.—

19
20

(1) JUVENILE

(A) in paragraph (3) by striking ‘‘or adju-

22

dicated delinquent for,’’; and

23

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

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3626(g)

of title 18, United States Code, is amended—

21

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PROCEEDINGS.—Section

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1

‘‘(5) the term ‘prison’ means any Federal,

2

State, or local facility that incarcerates or detains

3

prisoners;’’.

4

(2) ADULT

CONVICTIONS.—Section

3626 of title

5

18, United States Code, is amended by adding at

6

the end the following:

7

‘‘(h) EXCLUSION

CHILD PRISONERS.—This sec-

OF

8 tion does not apply with respect to a prisoner who has
9 not attained the age of 18 years.’’.
10

(b) CIVIL RIGHTS

OF

INSTITUTIONALIZED PERSONS

11 ACT.—
12

(1) Section 7(h) of the Civil Rights of Institu-

13

tionalized Persons Act (42 U.S.C. 1997e(h)), is

14

amended by striking ‘‘or adjudicated delinquent

15

for,’’.

16

(2) Section 7 of the Civil Rights of Institu-

17

tionalized Persons Act (42 U.S.C. 1997e) is amend-

18

ed by adding at the end the following:

19

‘‘(i) EXCLUSION

OF

CHILD PRISONERS.—This sec-

20 tion does not apply with respect to a prisoner who has
21 not attained the age of 18 years.’’.
22

(c) TITLE 28.—Title 28, United States Code, is

23 amended—
24

(1) in section 1915(h)—

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1

(A) by inserting ‘‘who has attained the age

2

of 18 years’’ after ‘‘means any person’’; and

3

(B) by striking ‘‘or adjudicated delinquent

4

for,’’; and

5

(2) in section 1915A(c)—

6

(A) by inserting ‘‘who has attained the age

7

of 18 years’’ after ‘‘means any person’’; and

8

(B) by striking ‘‘or adjudicated delinquent

9
10

for,’’.
SEC. 5. MODIFICATION OF BAN ON MULTIPLE IN FORMA

11

PAUPERIS CLAIMS.

12

Section 1915(g) of title 28, United States Code, is

13 amended—
14

(1) by inserting ‘‘within the preceding 5 years’’

15

after ‘‘3 or more occasions’’; and

16

(2) by striking ‘‘, malicious, or fails to state a

17

claim upon which relief may be granted’’ and insert-

18

ing ‘‘or malicious’’.

19

SEC. 6. FILING FEES IN FORMA PAUPERIS.

20

Section 1915(b)(1) of title 28, United States Code,

21 is amended—
22

(1) by striking ‘‘or files an appeal’’; and

23

(2) by inserting ‘‘and the action is dismissed at

24

initial screening pursuant to subsection (e)(2) of this

25

section, section 1915A of this title, or section 7(c)(1)

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1

of the Civil Rights of Institutionalized Persons Act

2

(42

3

pauperis,’’.

U.S.C.

1997e(c)(1)),’’

after

‘‘in

forma

4

SEC. 7. TECHNICAL AMENDMENT TO RESOLVE AMBIGUITY.

5

Section 1915(a)1) of title 28, United States Code, is

6 amended by striking ‘‘that includes a statement of all as7 sets such prisoner possesses’’ and inserting ‘‘(including a
8 statement of assets such person possesses)’’.
9

SEC. 8. ENCOURAGEMENT OF APPROPRIATE SETTLEMENT

10

OF PRISONER LITIGATION.

11

Section 3626(c)(1) of title 18, United States Code,

12 is amended, by striking the period at the end and inserting
13 ‘‘, except that the violation of a Federal right may be al14 leged by plaintiff rather than proven or stipulated.’’.
15

SEC. 9. JUDICIAL DISCRETION IN CRAFTING PRISON ABUSE

16
17

REMEDIES.

Section 3626 of title 18, United States Code, is

18 amended—
19
20

(1) in subsection (a)(2) by striking the final
sentence;

21

(2) in subsection (b)(1)(A), by inserting ‘‘if that

22

party demonstrates that it has eliminated the viola-

23

tion of the Federal right that gave rise to the pro-

24

spective relief and that the violation is reasonably

25

unlikely to recur’’ after ‘‘intervener’’;

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1

(3) in subsection (b)(1)(B), by adding at the

2

end the following: ‘‘Nothing in this section shall pre-

3

vent the court from extending any of the time peri-

4

ods set out in subsection (A), if the court finds, at

5

the time of granting or approval of the prospective

6

relief, that correction of the violation will take longer

7

than those time periods.’’; and

8

(4) in subsection (e) by striking paragraphs (2),

9
10

(3), and (4).
SEC. 10. EFFECTIVE DATE.

11

The amendments made by this Act shall apply to all

12 cases currently pending in Federal court and any such
13 cases filed on or after the date of enactment of this Act.

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