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Litigating Prison Conditions in Philadelphia: Part II

NCJ Number
136144
Journal
Prison Journal Volume: 70 Issue: 2 Dated: (Fall-Winter 1990) Pages: 74-85
Author(s)
W G Babcock
Date Published
1990
Length
12 pages
Annotation
In 1982, inmates in Philadelphia's Holmesburg Prison initiated a lawsuit alleging unconstitutional conditions in that institution.
Abstract
The inmates chose to file their suit in Federal court as a class action suit on behalf of all inmates housed at Holmesburg. The suit alleged violation of inmates' eighth and fourteenth amendment rights. Initial negotiations on settlement of the case centered around the establishment of time limits for the incarceration of pretrial detainees prior to the disposition of charges. If the time limits were not met, detainees would be released from custody, but would still be subject to the outstanding charges. State courts and the District Attorney's Office opposed this proposal. The parties then agreed to a settlement that established a phased-in "maximum allowable population" (MAP) for the prison system and for each institution. The city of Philadelphia was not able to implement the MAP approach on schedule, and deadlines for reaching a MAP were postponed several times. The BailCARE program continued to serve as a the primary back-door release mechanism for the city, but it was restricted to the release of those being held for nonviolent offenses on bail of $5,000 or less. The implementation of a house arrest program was ordered, including electronic monitoring, for sentenced inmates on prerelease status. New prison construction was proposed as well to help reach the MAP and reduce prison overcrowding. 3 references and 9 footnotes