II. Recommendations

To the President and Congress of the United States:

Enact legislation that amends the PLRA by:

1. removing the requirement that courts dismiss lawsuits in which prisoners have not exhausted the prison or jail grievance system, and instead substituting a provision allowing courts to stay such lawsuits temporarily to allow prisoners to take their complaints through the grievance system (amend 42 U.S.C. sec. 1997e(a)).

1. allowing prisoners to recover compensation for mental or emotional injuries on the same basis as non-prisoners (eliminate 42 U.S.C. sec. 1997e(e)).

1.  removing from the scope of the PLRA persons held in juvenile detention facilities, and persons under age 18 held in adult prisons and jails (amend 18 U.S.C. sec. 3626(g)(3) and (5) and 42 U.S.C. sec. 1997e(h)).