HB2590 EngrossedLRB097 07371 RLC 47480 b



1    AN ACT concerning corrections.

 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:



 
4    Section 5. The Private Correctional Facility Moratorium 
5Act is amended  by changing Sections 2 and 3 as follows:
 



6    (730 ILCS 140/2)  (from Ch. 38, par. 1582)



7    Sec. 2. Legislative findings. The General Assembly hereby 
8finds and
declares that the management and operation of a 
9correctional facility or
institution involves functions that 
10are inherently governmental.  The
imposition of punishment on 
11errant citizens through incarceration requires
the State, any 
12unit of local government or a county sheriff, to exercise its 
13coercive police powers over individuals and is
thus 
14distinguishable from privatization in other areas of 
15government.  It
is further found that issues of liability, 
16accountability and cost warrant
a prohibition of the ownership, 
17operation or management of correctional
facilities by 
18for-profit private contractors.

19(Source: P.A. 86-1412.)

 


20    (730 ILCS 140/3)  (from Ch. 38, par. 1583)



21    Sec. 3. Certain contracts prohibited. After the effective 
22date of
this Act, the State, any unit of local government, or a 
 
 
HB2590 Engrossed- 2 -LRB097 07371 RLC 47480 b

1county sheriff, shall not contract with a private contractor or 
2private
vendor for the provision of services relating to the 
3operation of a
correctional facility or the incarceration of 
4persons in the custody of the
Department of Corrections, or of 
5the Department of Juvenile Justice, or a sheriff; however, this 
6Act does not apply to (1) State
work
release centers or 
7juvenile residential facilities that provide separate care
or 
8special treatment operated in whole or part by private 
9contractors or
(2)
contracts for ancillary services, including 
10medical services, educational
services, repair and maintenance 
11contracts, or other services not directly
related to the 
12ownership, management or operation of security services in a

13correctional facility.

14(Source: P.A. 94-696, eff. 6-1-06.)