-7&,4/HJ2 Legal organization that brings impact cases around prison APPENDIX H conditions, co-publisher of this handbook.

Sources of Legal Support Criminal Justice Policy Coalition Below is a short list of other organizations working 15 Barbara St., Jamaica Plain, MA 02130 Involved in policy work around numerous prison issues. on prison issues, mainly with a legal focus. When writing to these groups, please remember a few Critical Resistance, National Office things: 1904 Franklin St., Suite 504, Oakland, CA 94612 Uniting people in prison, former prisoners, and family • Write simply and specifically, but don't try and members to lead a movement to abolish prisons, policing, write like you think a lawyer would. Be direct in surveillance, and other forms of control. explaining yourself and what you are looking for. • It is best not to send any legal documents unless Family and Corrections Network they are requested. If or when you do send legal 32 Oak Grove Road, Palmyra, VA 22963 documents, only send copies. Hold on to your Federal Resource Center for Children of Prisoners original paperwork.

Child Welfare League of America a Because of rulings like the PLRA and limited 1726 M St. NW, Suite 500, Washington, DC, 20036 funding, many organizations are small, have limited resources and volunteer staff. It may take Friends and Families of Incarcerated Persons some time for them to answer your letters. But PO Box 93601, Las Vegas, NV, 89193 always keep writing. Legal resources for friends and families of prisoners.

Please note: The contact information for these Human Rights Watch Prison Project resources is current as of the printing of this 350 5th Ave. 34th Floor New York NY 10118-3299 Handbook in 2011.

National organization dedicated to research, analysis, and publicizing human rights violations, and working towards stopping them.

Do not send money for publications unless you have verified the address of the organization first. Immigration Equality, Inc. (onlyfor lesbian, gay, bisexual, transgender,-and HIV + immigrants) Exchange Place, 17th Floor, New York, NY 10005 Aid to Children of Imprisoned Mothers, Inc. Ralph David Abemathy Blvd. SW Lambda Legal (only for gay, lesbian, bisexual, Atlanta, GA 30310 transgender, & HIV+ people) Information for incarcerated mothers.

120 Wall Street, Suite 1500, New York, NY 10005-3904 English, Spanish American Civil Liberties Union National Office Broad Street, 18th Floor, New York, NY 10004 Legal Publications in Spanish, Inc. The biggest civil liberties organization in the country. Publicaciones Legales en Espanol, Inc. They have a National Prison Project and a Reproductive PO Box 623, Palisades Park, NJ 07650 Freedom Project, which might be helpful to women Legal resources in Spanish, focusing mostly on criminal prisoners. Write them for information about individual defense and federal courts. chapters. See Appendix J for some of their publications for people in prison. Legal Services for Prisoners with Children 1540 Market St., Suite 490, San Francisco, CA 94102 American Friends Service Committee Criminal Justice Legal resources and issues around women in prison, Program - National including guides and manuals for people in prison with 1501 Cherry Street, Philadelphia PA, 19102 children.

Human and civil rights issues, research/analysis, women prisoners, prisoner support. National Center for Lesbian Rights (onlyfor gay, lesbian, bisexual, and transgender people) California Prison Focus Market St. Ste. 370, San Francisco, CA 94102 1904 Franklin St., Suite 507, Oakland, CA 94612 English, Spanish Publish a quarterly.magazine, Prison Focus, and other publications. Focuses organizing efforts on CA and on National Clearinghouse for the SHU conditions.

Defense of Battered Women South 9th Street #302, Philadefj Center for Constitutional Rights Legal and other assistance for bane Broadway, 7th floor, New York, NY 10012 JAILHOUSE LAWYER'S HANDBOOK-APPENDICES MAY 29 2015 Ab8lAtt)Sla,Cleric w

Article 18. Article 25.

Everyone has the right to freedom of thought, conscience (1) Everyone has the right to a standard of living adequate and religion; this right includes freedom to change his for the health and well-being of himself and of his family, religion or belief, and freedom, either alone or in including.food, clothing, housing and medical care and community with others and in public or private, to necessary social services, and the right to security in the manifest his religion or belief in teaching, practice, event of unemployment, sickness, disability, widowhood, worship and observance. old age or other lack of livelihood in circumstances beyond his control.

Article 19., (2) Motherhood and childhood are entitled to special care Everyone has. the right to freedom of opinion and and assistance. All children, whether born in or out of expression; this right includes freedom to hold opinions wedlock, shall enjoy the same social protection. without interference and to seek, receive and impart information and ideas through any media and regardless of Article 26. frontiers. (1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages.

Article 20. Elementary education shall be compulsory. Technical and (1) Everyone has the right to freedom of peaceful assembly professional education shall be made generally available and association. and higher education shall be equally accessible to all on (2) No one may be compelled to belong to an association. the basis of merit. (2) Education shall be directed to the full development of- Article 21. the human personality and to the strengthening of respect (1) Everyone has the right to take part in the government for human rights and fundamental freedoms. It shall of his country, directly or through freely chosen promote understanding, tolerance and friendship among all representatives. nations, racial or religious groups, and shall further the (2) Everyone has the right of equal access to public service activities of the United Nations for the maintenance of in his country. peace. (3) The will of the people shall be the basis of the authority (3) Parents have a prior right to choose the kind of of government; this will shall be expressed in periodic and education that shall be given to their children. genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent Article 27. free voting procedures. (1) Everyone has the right freely to participate in the - cultural life of the community, to enjoy the arts and to Article 22. share in scientific advancement and its benefits.

Everyone, as a member of society, has the right to social (2) Everyone has the right to the protection of the moral security and is entitled to realization, through national and material interests resulting from any,scientific, literary, effort and international co-operation and in accordance or artistic production of which he is the author. with the organization and resources of each State, of the economic, social and cultural rights indispensable for his Article 28. dignity and the free development of his personality. Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration Article 23. can be fully realized. (1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and Article 29. to protection against unemployment. (1) Everyone has duties to the community in which alone (2) Everyone, without any discrimination, has the right to ~ the free and full development of his personality is possible. equal pay for equal work. (2) In the exercise of his rights and freedoms, everyone (3) Everyone who works has the right to just and shall be subject only to such limitations as are determined favourable remuneration ensuring for himself and his by law solely for the purpose of securing due recognition family an existence worthy of human dignity, and and respect for the rights and freedoms of others and of supplemented, if necessary, by other means of social meeting the just requirements of morality, public order and protection. the general welfare in a democratic society. (4) Everyone has the right to form and to join trade unions (3) These rights and freedoms may in no case be exercised for the protection of his interests. contrary to the purposes and principles of the United Nations.

Article 24.

Everyone has the right to rest and leisure, including Article 30. reasonable limitation of working hours and periodic Nothing in this Declaration may be interpreted as implying holidays with pay. •' • for any State, group or person any right to engage in any-' activity or to perform any act aimed at the destruction of -' any of the rights and freedoms set forth herein.

JAILHOUSE LAWYER'S HANDBOOK - APPENDICES Now, Therefore THE GENERAL ASSEMBLY proclaims Article 10.

THIS UNIVERSAL DECLARATION OF HUMAN Everyone is entitled in full equality to a fair and public RIGHTS as a common standard of achievement for all hearing by an independent and impartial tribunal, in the peoples and all nations, to the end that every individual determination of his rights and obligations and of any and every organ of society, keeping this Declaration criminal charge against him. constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by Article 11. progressive measures, national and international, to secure (1) Everyone charged with a penal offence has the right to their universal and effective recognition and observance, be presumed innocent until proved guilty according to law both among the peoples of Member States themselves and in a public trial at which he has had all the guarantees among the peoples of territories under their jurisdiction. necessary for his defence. (2) No one shall be held guilty of any penal offence on Article 1. account of any act or omission which did not constitute a All human beings are born free and equal in dignity and penal offence, under national or international law, at the rights.They are endowed with reason and conscience and time when it was committed. Nor shall a heavier penalty should act towards one another in a spirit of brotherhood. be imposed than the one that was applicable at the time the penal offence was committed.

Article 2.

Everyone is entitled to all the rights and freedoms set forth Article 12. in this Declaration; without distinction of any kind, such as No one shall be subjected to arbitrary interference with his race, colour, sex, language, religion, political or other privacy, family, home or correspondence, nor to attacks opinion, national or social origin, property, birth or other upon his honour and reputation. Everyone has the right to status. Furthermore, no distinction shall be made on the the protection of the law against such interference or basis of the political, jurisdictional or international status attacks. of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or Article 13. under any other limitation of sovereignty. (1) Everyone has the right to freedom of movement and residence within the borders of each state.

Article 3. (2) Everyone has the right to leave any country, including Everyone has the right to life, liberty and security of his own, and to return to his country. person.

Article 14.

Article 4. (1) Everyone has the right to seek and to enjoy in other No one shall be held in slavery or servitude; slavery and countries asylum from persecution. the slave trade shall be prohibited in all their forms. (2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes Article 5. or from acts contrary to the purposes and principles of the No one shall be subjected to torture or to cruel, inhuman or United Nations. degrading treatment or punishment.

Article 15.

Article 6. (1) Everyone has the right to a nationality.

Everyone has the right to recognition everywhere as a (2) No one shall be,arbitrarily deprived of his nationality person before the law. nor denied the right to change his nationality.

Article .7. Article 16.- All are equal before the law and are entitled without any (1) Men and women of full age, without any limitation due discrimination to equal protection of the law. All are to race, nationality or religion, have the right to marry and entitled to equal protection against any discrimination in to found a family. They are entitled to equal rights as to violation of this Declaration and against any incitement to marriage, during marriage and at its dissolution. such discrimination. (2) Marriage shall be entered into only with the free and full consent of the intending spouses.

Article 8. (3) The family is the natural and fundamental group unit of Everyone has the right to an effective remedy by the society and is entitled to protection by society and the competent national tribunals for acts violating the State. fundamental rights granted him by the constitution or by law. Article 17. (1) Everyone has the right to own property alone as well as Article 9. in association with others.

No one shall be subjected to arbitrary arrest, detention or (2) No one shall be arbitrarily deprived of his property. exile.

JAILHOUSE LAWYER'S HANDBOOK - APPENDICES title or description given by the court; and (9) the term (3) No award of attorney's fees in an action described in- "relief means all relief in any form that may be granted or paragraph (1) shall be based on an hourly rate greater than approved by the court, and includes consent decrees but 150 percent of the hourly rate established under section does not include private settlement agreements. 3006 A of title 18, United States Code, for payment of court-appointed counsel.

EXHAUSTION OF ADMINISTRATIVE (4) Nothing in this subsection shall prohibit a prisoner REMEDIES, WAIVER OF REPLY, MENTAL & from entering into an agreement to pay an attorney's fee in EMOTIONAL INJURY, ATTORNEYS FEES an amount greater than the amount authorized under this subsection, if the fee is paid by the individual rather than 42U.S.C. § 1997e by the defendant pursuant to section 2 [722] of the Revised (a). Applicability of administrative remedies. Statutes of the United States (42 U.S.C. 1988).

No action shall be brought with respect to prison (e) Limitation on recovery. No Federal civil action may conditions under section 1983 of this title, or any other be brought by a prisoner confined in a jail, prison, or other Federal law, by a prisoner confined in any jail, prison, or correctional facility, for mental or emotional injury other correctional facility until such administrative suffered while in custody without a prior showing of remedies as are available are exhausted. physical injury. (b) Failure of State to adopt or adhere to administrative grievance procedure APPENDIX G The failure of a State to adopt or adhere to an administrative grievance procedure "shall not constitute the" Universal-Declaration of basis for an action under section 1997a or 1997c of this iHuman Rights title. (c) Dismissal. PREAMBLE (1) The court shall on its own motion or on the motion of Whereas recognition of the inherent dignity and of the a party dismiss any action brought with respect to prison equal and. inalienable rights of all members of the human conditions under section 1979 of the Revised Statutes of family is the foundation of freedom, justice and peace in the United States (42 U.S.C. 1983), or any other Federal the world, law, by a prisoner confined in any jail, prison, or other correctional facility if the court is satisfied that the action Whereas disregard and contempt for human rights have is frivolous, malicious, fails to state a claim upon which resulted in barbarous acts which have outraged the relief can be granted, or seeks monetary relief from a conscience of mankind, and the advent of a world in which defendant who is immune from such relief. human beings shall enjoy freedom of speech and belief and (2) In the event that a claim is, on its face, frivolous, freedom from fear and want has been proclaimed as the malicious, fails to state a claim upon Which relief can be highest aspiration of the common people, granted, or seeks monetary relief from a defendant who is immune from such relief, the court may dismiss the Whereas it is essential, if man is not to be compelled to underlying claim without first requiring the exhaustion of have recourse, as a last resort, to rebellion against tyranny administrative remedies. and oppression, that human rights should be protected by (d) Attorney's fees. the rule of law, (1) In any action brought by a prisoner who is confined to any jail, prison, or other correctional facility, in which Whereas it is essential to promote the development of attorney's fees are authorized under section 2 of the friendly relations between nations, Revised Statutes of the United States (42 U.S.C. 1988), such fees shall not be awarded, except to the extent that— Whereas the peoples of the United Nations have in the (A) the fee was directly and reasonably incurred in' Charter reaffirmed their faith in fundamental human rights" proving an actual violation of the plaintiffs rights in the dignity and worth of the human person and in the protected by a statute pursuant to which a fee may be equal rights of men and women and have determined to awarded under section 2 [722] of the Revised Statutes; and promote social progress and better standards of life in (B) larger freedom, (i) the amount of the fee is proportionately related to the court ordered relief for the violation; or Whereas Member States have pledged themselves to (ii) the fee was directly and reasonably incurred in achieve, in co-operation with the United Nations, the enforcing the relief ordered for the violation. promotion of universal respect for and observance of (2) Whenever a monetary judgment is awarded in an human rights and fundamental freedoms, action described in paragraph (\)',a portion of the judgment (not to exceed 25 percent) shall be applied to Whereas a common understanding of these rights and satisfy the.amouht of attorney's fees'awarded against the freedoms is of the greatest importance for the full defendant. If the award of attorney's fees is not'greater than realization of this pledge,, percent of the judgment, the excess shall be paid by the defendant.

JAILHOUSE LAWYER'S HANDBOOK - APPENDICES other than the reinstatement of the civil proceeding that the special master under this subsection, on the ground of agreement settled. (B) Nothing in this section shall partiality. preclude any party claiming that a private settlement (4) Compensation.-The compensation to be allowed to a agreement has been breached from seeking in State court special master under this section shall be based on an any remedy available under State law. hourly rate not greater than the hourly rate established (d) State law remedies.—The limitations on remedies in under section 3006A for payment of court-appointed this section shall not apply to relief entered by a State court counsel, plus costs reasonably incurred by the special based solely upon claims arising under State law. master. Such compensation and costs shall be paid with (e) Procedure for motions affecting prospective relief— funds appropriated to the Judiciary. (1) Generally.--The court shall promptly rule on any (5) Regular review of appointment.—In any civil action motion to modify or terminate prospective relief in a civil with respect to prison conditions in which a special master action with respect to prison conditions. Mandamus shall is appointed under this subsection, the court shall review lie to remedy any failure to issue a prompt ruling on such a the appointment of the special master every 6 months to motion. determine whether the services of the special master (2) Automatic stay.—Any motion to modify or terminate continue to be required under paragraph (I). In no event prospective relief made under subsection (b) shall operate shall the appointment of a special master extend beyond as a stay during the period— (A)(i) beginning on the 30th the termination of the relief. day after such motion is filed, in the case of a motion made (6) Limitations on powers and duties.—A special master under paragraph (1) or (2) of subsection (b);or (ii)( appointed under this subsection— (A) may be authorized beginning on'the 180th day after'such motion is filed, in by a court to conduct hearings and prepare proposed the case of a motion made under any other law; and (B) findings of fact, which shall be made on the record; (B) ending on the date the court enters a final order ruling on shall not make any findings or communications ex parte; the motion. (C) may be authorized by a court to assist in the (3) Postponement of automatic stay.~The court may development of remedial plans; and (D) may be removed postpone the effective date of an automatic stay specified at any time, but shall be relieved of the appointment upon in subsection (e)(2)(A) for not more than 60 days for good the termination of relief. cause. No postponement shall be permissible because of (g) Definitions.—As used in this section— (1) the term general congestion of the court's calendar. "consent decree" means any relief entered by the court that (4) Order blocking the automatic stay.—Any order is based in whole or in part upon the consent or staying, suspending, delaying, or barring the operation of acquiescence of the parties but does not include private the automatic stay described in paragraph (2) (other than settlements; (2) the term "civil action with respect to an order to postpone the effective date of the automatic prison conditions" means any civil proceeding arising stay under paragraph (3)) shall be treated as an order under Federal law with respect to the conditions of refusing to dissolve or modify an injunction and shall be confinement or the effects of actions by government appealable pursuant to section 1292(a)(1) of title 28, officials on the lives of persons confined in prison, but United States Code, regardless of how the order is styled does not include habeas corpus proceedings challenging or whether the order is termed a preliminary or a final the fact or duration ofconfinement in prison; (3) the term ruling. "prisoner" means any person subject to incarceration, (f) Special masters.- detention, or admission to any facility who is accused of, (1) In general.-(A) In any civil action in a Federal court convicted of, sentenced for, or adjudicated delinquent for, with respect to prison conditions, the court may appoint a violations of criminal law or the terms and conditions of special master who shall be disinterested and objective and parole, probation, pretrial release, or diversionary program; who will give due regard to the public safety, to conduct (4) the term "prisoner release order" includes any order, hearings on the record and prepare proposed findings of including a temporary restraining order or preliminary fact. (B) The court shall appoint a special master under this injunctive relief, that has the purpose or effect of reducing subsection during the remedial phase of the action only or limiting the prison population, or that directs the release upon a finding that the remedial phase will be sufficiently from or nonadmission of prisoners to a prison; (5) the term complex to warrant the appointment. "prison" means any Federal, State, or local facility that (2) Appointment.—(A) If the court determines that the incarcerates or detains juveniles or adults accused of, appointment of a special master is necessary, the court convicted of, sentenced for, or adjudicated delinquent for, shall request that the defendant institution and the plaintiff violations of criminal law; (6) the term "private settlement each submit a list of not more than 5 persons to serve as a agreement" means an agreement entered into among the special master. (B) Each party shall have the opportunity parties that is not subject to judicial enforcement other than to remove up to 3 persons from the opposing party's list. the reinstatement of the civil proceeding that the (C) The court shall select the master from the persons agreement settled; (7) the term "prospective relief means remaining on the list after the operation of subparagraph all relief other than compensatory monetary damages; (8) (B). the term "special master" means any person appointed by a (3) Interlocutory appeal.—Any party shall have the right Federal court pursuant to Rule 53 of the Federal Rules of to an interlocutory appeal of the judge's selection of the Civil Procedure or pursuant to any inherent power of the court to exercise the powers of a master, regardless of the

JAILHOUSE LAWYER'S HANDBOOK - APPENDICES system caused by the relief. (B) The court shall not order (i) crowding is the primary cause of the violation of a ' any prospective relief that requires or permits a Federal right; and (ii) no other relief will remedy the government official to exceed his or her authority under violation of the Federal right.

State or local law or otherwise violates State or local law, (F) Any State or local official including a legislator or unit unless— - . of government whose jurisdiction or. function includes the (i) Federal law requires such relief to be ordered in appropriation of funds for the construction, operation, or violation of State or local law; (ii) the relief is necessary to maintenance of prison facilities, or the prosecution or correct the violation of a Federal right; and (iii) no other custody of persons who may be released from, or not relief will correct the violation of the Federal right. admitted to, a prison as a result of a prisoner release order (C) Nothing in this section shall be construed to authorize shall have standing to oppose the imposition or the courts, in exercising their remedial powers, to order the continuation in effect of such relief and to seek termination construction of prisons or the raising of taxes, or to repeal of such relief, and shall have the right to intervene in any or detract from otherwise applicable limitations on the proceeding relating to such relief. remedial powers of the courts. (b) Termination of relief.— (2) Preliminary injunctive relief.—In any civil action (1) Termination of prospective relief.—(A) In any civil with respect to prison conditions, to the extent otherwise action with respect to prison conditions in which authorized by law, the court may enter a temporary prospective relief is ordered, such relief shall be terminable restraining order or an order for preliminary injunctive upon the motion of any party or intervener— relief. Preliminary injunctive relief must be narrowly (i) 2 years after the date the court granted or approved the drawn, extend noifurthefth"a,n'nec'es,s'ary to correct the '"*''' prospective relief; (ii) 1 year after the date the court has harm the court finds requires preliminary relief, and be the entered an order denying termination of prospective relief least intrusive means necessary to correct that harm. The under this paragraph; or (iii) in the case of an order issued court shall give substantial weight to any adverse impact on or before the date of enactment of the Prison Litigation on public safety or the operation of a criminal justice Reform Act, 2 years after such date of enactment. system caused by the preliminary relief and shall respect (B) Nothing in this section shall prevent the parties from the principles of comity set out in paragraph (1)(B) in agreeing to terminate or modify relief before the relief is tailoring any preliminary relief. Preliminary injunctive terminated under subparagraph (A). relief shall automatically expire on the date that is 90 days (2) Immediate termination of prospective relief.—In any after its entry, unless the court makes the findings required civil action with respect to prison conditions, a defendant ., under subsection (a)(1) for the entry of prospective relief or intervener shall be entitled to the immediate termination and makes the order final before the expiration of the 90- of any prospective relief if the relief was approved or day period. granted in the absence of a finding by the court that the . (3) Prisoner release order.—(A) In any civil action with relief is narrowly drawn, extends no further than necessary respect to prison conditions, no court shall enter a prisoner to correct the violation of the Federal right, and is the least release order unless— intrusive means necessary to correct the violation of the (i) a court has previously entered an order for less intrusive Federal right. relief that has failed to remedy the deprivation of the (3) Limitation.—Prospective relief shall not terminate if Federal right sought to be remedied through the prisoner the court makes written findings based on the record that release order; and prospective relief remains necessary to correct a current (ii) the defendant has had a reasonable amount of time to and ongoing violation of the Federal right, extends no comply with the previous court orders. further than necessary to correct the violation of the (B) In any civil action in Federal court with respect to Federal right, and that the prospective relief is narrowly prison conditions, a prisoner release order shall be entered drawn and the least intrusive means to correct the only by a three-judge court in accordance with section violation.

2284 of title 28, if the requirements of subparagraph (E) .(4) Termination or modification ofrelief.—Nothing in ».. have been met. (C) A party seeking a prisoner release this section shall prevent any party or intervener from order in Federal court shall file with any request for such seeking modification or termination before the relief is relief, a request for a three-judge court and materials terminable under paragraph (1) or (2), to the extent that sufficient to demonstrate that the requirements of modification or termination would otherwise be legally subparagraph (A) have been met. (D) If the requirements permissible. under subparagraph (A) have been met, a Federal judge (c) Settlements.— before whom a civil action with respect to prison (1) Consent decrees.—In any civil action with respect to conditions is pending who believes that a prison release prison conditions, the court shall not enter or approve a order should be considered may sua sponte request the consent decree unless it complies with the limitations on convening of a three-judge court to determine whether a relief set forth in subsection (a). prisoner release order should be entered. (E) The three- (2) Private settlement agreements.—(A) Nothing in this judge court shall enter a prisoner release order only if the section shall preclude parties from entering into a private court finds by clear and'convincing evidence that— • settlement agreement that does not comply with the ...:. , •, limitations on relief set forth in subsection (a), if the terms of that agreement are not subject to court enforcement

JAILHOUSE LAWYER'S HANDBOOK-APPENDICES State shall make or enforce any law which shall abridge on account of race, color, or previous condition of the privileges or immunities of citizens of the United servitude States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny Section 2. to any person within its jurisdiction the equal protection of The Congress shall have the power to enforce this article the laws. by appropriate legislation.

Section 2. Amendment XVI Representatives shall be apportioned among the several Passed by Congress July 2, 1909. Ratified February 3, States according to their respective numbers, counting the 1913. Note: Article I, section 9, of the Constitution was whole number of persons in each State, excluding Indians modified by amendment 16. not taxed. But when the right to vote at any election for the The Congress shall have power to lay and collect taxes on choice of electors for President and Vice-President of the incomes, from whatever source derived, without United States, Representatives in Congress, the Executive apportionment among the several States, and without and Judicial officers of a State, or the members of the regard to any census or enumeration.

Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age,* and citizens of the United States, or in any way abridged, APPENDIX F except for participation in rebellion, or other crime, the Excerpts from the PLRA basis of representation'therein shall be reduced in tHe proportion which the number of such male citizens shall See also Chapter Two, Section F for some bear to the whole number of male citizens twenty-one descriptions ofthese provisions. years of age in such State.

DEFINITIONS Section 3.

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or 18 U.S.C. § 3626(h). Definitions. [...] hold any office, civil or military, under the United States, (2) the term "civil action with respect to prison conditions" or under any State, who, having previously taken an oath, means any civil proceeding arising under Federal law with as a member of Congress, or as an officer of the United respect to the conditions of confinement or the effects of States, or as a member of any State legislature, or as an actions by government officials on the lives of persons executive or judicial officer of any State, to support the confined in prison, but does not include habeas corpus Constitution of the United States, shall have engaged in proceedings challenging the fact or duration of insurrection or rebellion against the same, or given aid or confinement in prison; comfort to the enemies thereof. But Congress may by a (3) the term "prisoner" means any person subject to vote of two-thirds of each House, remove such disability. incarceration, detention, or admission to any facility who is accused of, convicted of, sentenced for, or adjudicated Section 4. delinquent for, violations of criminal law or the terms and The validity of the public debt of the United States, conditions of parole, probation, pretrial release, or authorized by law, including debts incurred for payment of diversionary program; [...] pensions and bounties for services in suppressing (5) the term "prison" means any Federal, State, or local insurrection or rebellion, shall not be questioned. But facility that incarcerates or detains juveniles or adults neither the United States nor any State shall assume or pay accused of, convicted of, sentenced for, or adjudicated any debt or obligation incurred in aid of insurrection or delinquent for, violations of criminal law; rebellion against the United States, or any claim for the r~ loss or emancipation of any slave; but all such debts, PROSPECTIVE RELIEF obligations and claims shall be held illegal and void. 18 U.S.C. § 3626. Appropriate remedies with respect to Section 5. prison conditions The Congress shall have the power to enforce, by (a) Requirements for relief. appropriate legislation, the provisions of this article. (1) Prospective relief.— (A) Prospective relief in any civil *Changed by section 1 of the 26th amendment. action with respect to prison conditions shall extend no further than necessary to correct the violation of the Amendment XV Federal right of a particular plaintiff or plaintiffs. The Passed by Congress February 26, 1869. Ratified February court shall not grant or approve any prospective relief 3, 1870. . - ' unless the court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation Section 1. • of the Federal right, and is the least intrusive means The right of citizens of the United States to vote shall not necessary to correct the violation of the Federal right. The be denied or abridged by the United States or by any State court shall give substantial weight to any adverse impact on public safety or the operation of a criminal justice JAILHOUSE LAWYER'S HANDBOOK - APPENDICES of law; nor shall private property be taken for public use, votes for each, which lists they shall sign and certify, and without just compensation. transmit sealed to the seat of the government of the United States, directed to the President of the Senate; —the Amendment VI President of the Senate shall, in the presence of the Senate In all criminal prosecutions, the accused shall enjoy the and House of Representatives, open all the certificates and right to a speedy and public trial, by an impartial jury of the votes shall then be counted; —The person having the the State and district wherein the crime shall have been greatest number of votes for President, shall be the committed, which district shall have been previously President, if such number be a majority of the whole ascertained by law, and to be informed of the nature and number of Electors appointed; and if no person have such cause of the accusation; to be confronted with the majority, then from the persons having the highest witnesses against him; to have compulsory process for numbers not exceeding three on the list of those voted for, obtaining witnesses in his favor, and to have the as President, the House of Representatives shall choose Assistance of Counsel for his defence. immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the Amendment VII representation from each state having one vote; a quorum In Suits at common law, where the value in controversy for this purpose shall consist of a member or members shall exceed twenty dollars, the right of trial by jury shall from two-thirds of the states, and a majority of all the be preserved, and no fact tried by a jury, shall be otherwise states shall be necessary to a choice. [And if the House of re-examined in any Court of the United States, than Representatives shall not choose a President whenever the according to the rules of the common law. right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall Amendment VIII act as President, as in case of the death or other Excessive bail shall not be required, nor excessive fines constitutional disability of the President. —]* The person imposed, nor cruel and unusual punishments inflicted. having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority Amendment IX of the whole number of Electors appointed, and if no The enumeration in the Constitution, of certain rights, shall person have a majority, then from the two highest numbers not be construed to deny or disparage others retained by on the list, the Senate shall choose the Vice-President; a the people. quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole Amendment X number shall be necessary to a choice. But no person The powers not delegated to the United States by the constitutionally ineligible to the office of President shall be Constitution, nor prohibited by it to the States, are reserved eligible to that of Vice-President of the United States. to the States respectively, or to the people. *Superseded by section 3 of the 20th amendment.

Amendment XI Amendment XIII .. ..

Passed by Congress March 4, 1794. Ratified February 7, Passed by Congress January 31, 1865. Ratified December 1795. 6, 1865.

Note: Article III, section 2, of the Constitution was Note: A portion of Article IV, section 2, of the modified by amendment 11. Constitution was superseded by the 13th amendment.

The Judicial power of the United States shall not be Section 1. construed to extend to any suit in law or equity, Neither slavery nor involuntary servitude, except as a commenced or prosecuted against one of the United States punishment for crime whereof the party shall have been by Citizens of another State, or by Citizens or Subjects of duly convicted, shall exist within the United States, or any any Foreign State. place subject to their jurisdiction.

Amendment XII Section 2.

Passed by Congress December 9, 1803. Ratified June 15, Congress shall have power to enforce this article by 1804. Note: A portion of Article II, section 1 of the appropriate legislation.

Constitution was superseded by the 12th amendment.

Amendment XIV The Electors shall meet in their respective states and vote Passed by Congress June 13, 1866. Ratified July 9, 1868. by ballot for President and Vice-President, one of whom, Note: Article I, section 2, of the Constitution was modified at least, shall not be an inhabitant of the same state with by section 2 of the 14th amendment. themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person Section 1. voted for as Vice-President, and they shall make distinct All persons born or naturalized in the United States, and lists of all persons voted for as President, and of all subject to the jurisdiction thereof, are citizens of the persons voted for as Vice-President, and of the number of United States and of the State wherein they reside. No

JAILHOUSE LAWYER'S HANDBOOK - APPENDICES