NCJ Number
106367
Journal
Corrections Today Volume: 49 Issue: 5 Dated: (August 1987) Pages: 186,188,190-191
Date Published
1987
Length
4 pages
Annotation
Since constitutional criteria for confinement conditions have been clearly established by the courts, deficient prison systems which are sued should negotiate a settlement agreement to avoid costly litigation and court imposition of its own standards on prison and jail administration.
Abstract
The law on confinement conditions, including prison crowding, is now well established. When it is clear that a prison or jail is not complying with this law, departments of corrections err in pursuing litigation in the hope of winning the case. Such a strategy produces lengthy and costly litigation, specific court mandates for change, and extensive court involvement in the moinitoring of compliance with court orders. A more fruitful approach for corrections systems which are sued is to negotiate a settlement agreement with the National Prison Project which will be submitted to the court for approval. This strategy permits the corrections department to have input into the reform plan and control over the plan's implementation while avoiding the cost of further litigation. Examples of such settlement agreements are described for South Carolina, Texas, and Hawaii. Brief case studies are also reported for other jurisdictions.