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Title 45Subtitle BChapter XVI → Part 1637

Title 45: Public Welfare


§1637.1   Purpose.
§1637.2   Definitions.
§1637.3   Prohibition.
§1637.4   Change in circumstances.
§1637.5   Recipient policies, procedures and recordkeeping.

Authority: 42 U.S.C. 2996g(e); Pub. L. 104-208, 110 Stat. 3009; Pub. L. 104-134, 110 Stat. 1321.

Source: 62 FR 19422, Apr. 21, 1997, unless otherwise noted.

§1637.1   Purpose.

This part is intended to ensure that recipients do not participate in any civil litigation on behalf of persons incarcerated in Federal, State or local prisons.

§1637.2   Definitions.

(a) Incarcerated means the involuntary physical restraint of a person who has been arrested for or convicted of a crime.

(b) Federal, State or local prison means any penal facility maintained under governmental authority.

§1637.3   Prohibition.

A recipient may not participate in any civil litigation on behalf of a person who is incarcerated in a Federal, State or local prison, whether as a plaintiff or as a defendant, nor may a recipient participate on behalf of such an incarcerated person in any administrative proceeding challenging the conditions of incarceration.

§1637.4   Change in circumstances.

If, to the knowledge of the recipient, a client becomes incarcerated after litigation has commenced, the recipient must use its best efforts to withdraw promptly from the litigation, unless the period of incarceration is anticipated to be brief and the litigation is likely to continue beyond the period of incarceration.

§1637.5   Recipient policies, procedures and recordkeeping.

Each recipient shall adopt written policies and procedures to guide its staff in complying with this part and shall maintain records sufficient to document the recipient's compliance with this part.

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