NCJ Number
142143
Journal
NCJA Justice Research Dated: (January-February 1993) Pages: 1,5,6
Date Published
1993
Length
3 pages
Annotation
The American Civil Liberties Union (ACLU) released a report claiming that 40 States, 2 territories, and the District of Columbia are operating under court orders or negotiated consent decrees to alleviate overcrowding or improve other conditions in their correctional facilities.
Abstract
Eleven of those jurisdictions have been ordered to improve conditions throughout their entire prison systems. In 1992, constitutional challenges to a variety of State prison conditions were initiated or pending in 13 States and D.C. The contested conditions included physical health care, mental health care, access to legal services, violence, prison conditions for women, handling of prisoners with HIV infection and tuberculosis, and HIV education. However, overcrowding remained the most frequently litigated condition. Court orders result from lawsuits brought by inmates challenging prison conditions; when the courts rule in favor of the plaintiffs, it is on grounds that their Eighth Amendment rights prohibiting cruel and unusual punishment were violated. Parties seeking to minimize litigation costs negotiate a consent decree settlement, which must be approved by the court.