Sec. 5517.
(1) The court shall not grant or approve any prospective relief in a civil action concerning prison conditions unless the court finds that the relief is narrowly drawn, extends no further than necessary to correct the violation of the right, and is the least intrusive means necessary to correct the violation of the right. The court shall give substantial weight to any adverse effect on public safety or the operation of the criminal justice system caused by the relief.
(2) A court shall not order prospective relief that requires or permits a government official to exceed his or her authority under state or local law or otherwise violates local law, unless all of the following conditions exist:
(a) State law permits the relief to be ordered in violation of local law.
(b) The relief is necessary to correct the violation of a right under state or local law.
(c) No other relief will correct the violation of the right.
(3) This section does not authorize a court, in exercising its remedial powers, to order the construction of prisons or the raising of taxes, or to repeal or detract from otherwise applicable limitations on the remedial powers of the court.
History: Add. 1999, Act 147, Imd. Eff. Nov. 1, 1999
Structure Michigan Compiled Laws
Chapter 600 - Revised Judicature Act of 1961
Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948)
236-1961-55 - Chapter 55 Prisoner Litigation Reform (600.5501...600.5531)
Section 600.5501 - Civil Action Concerning Prison Conditions; Jurisdiction.
Section 600.5505 - Applicability of MCL 600.2963; Conditions for Dismissal.
Section 600.5513 - Revocation of Prisoner's Good Time or Disciplinary Credit; Conditions.
Section 600.5515 - Participation of Prisoner in Pretrial or Hearing Proceedings.
Section 600.5517 - Prospective Relief; Conditions; Limitation.
Section 600.5519 - Preliminary Injunctive Relief.
Section 600.5521 - Prospective Relief; Termination or Modification.
Section 600.5523 - Immediate Termination of Prospective Relief; Court Findings; Limitations.
Section 600.5525 - Consent Decree.
Section 600.5529 - Repealed. 2018, Act 54, Eff. June 4, 2018.