Thompson

OPINION AND ORDER

A consent decree has been in effect since 1980 governing certain conditions of confinement for condemned prisoners in the San Quentin State Prison. Defendants have filed a motion under the Prison Litigation Reform Act (the “PLRA”) for termination of the prospective relief provisions of that consent decree. The practical effect of that motion would be to terminate the remainder of the decree in its entirety. Plaintiffs oppose the motion, and have filed a counter-motion to declare the termination provision of the PLRA unconstitutional. This court has reviewed the record and the authorities pertaining to the motions, -the history of the consent decree and its amendments, and the reports of the Monitor. '•

I.

This Consent Decree and the PLRA

The plaintiff class is composed of prisoners of the State of California who are committed to the custody of the California Department of Corrections (the “CDC”) under sentence of death, and are confined at San Quentin State Prison. The defendants are the Director of the CDC and the Warden of San Quentin.

Plaintiffs commenced this action in July 1979. In October 23, 1980, the parties entered into a consent decree, which was…