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Rep. Mike Bost
Filed: 3/17/2011
| | 09700HB2590ham001 | | LRB097 07371 RLC 53268 a |
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| 1 | | AMENDMENT TO HOUSE BILL 2590
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| 2 | | AMENDMENT NO. ______. Amend House Bill 2590 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Private Correctional Facility Moratorium |
| 5 | | Act is amended by changing Sections 2 and 3 as follows:
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| 6 | | (730 ILCS 140/2) (from Ch. 38, par. 1582)
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| 7 | | Sec. 2. Legislative findings. The General Assembly hereby |
| 8 | | finds and
declares that the management and operation of a |
| 9 | | correctional facility or
institution involves functions that |
| 10 | | are inherently governmental. The
imposition of punishment on |
| 11 | | errant citizens through incarceration requires
the State, any |
| 12 | | unit of local government or a county sheriff, to exercise its |
| 13 | | coercive police powers over individuals and is
thus |
| 14 | | distinguishable from privatization in other areas of |
| 15 | | government. It
is further found that issues of liability, |
| 16 | | accountability and cost warrant
a prohibition of the ownership, |
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| | 09700HB2590ham001 | - 2 - | LRB097 07371 RLC 53268 a |
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| 1 | | operation or management of correctional
facilities by |
| 2 | | for-profit private contractors.
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| 3 | | (Source: P.A. 86-1412.)
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| 4 | | (730 ILCS 140/3) (from Ch. 38, par. 1583)
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| 5 | | Sec. 3. Certain contracts prohibited. After the effective |
| 6 | | date of
this Act, the State, any unit of local government, or a |
| 7 | | county sheriff, shall not contract with a private contractor or |
| 8 | | private
vendor for the provision of services relating to the |
| 9 | | operation of a
correctional facility or the incarceration of |
| 10 | | persons in the custody of the
Department of Corrections, or of |
| 11 | | the Department of Juvenile Justice, or a sheriff; however, this |
| 12 | | Act does not apply to (1) State
work
release centers or |
| 13 | | juvenile residential facilities that provide separate care
or |
| 14 | | special treatment operated in whole or part by private |
| 15 | | contractors or
(2)
contracts for ancillary services, including |
| 16 | | medical services, educational
services, repair and maintenance |
| 17 | | contracts, or other services not directly
related to the |
| 18 | | ownership, management or operation of security services in a
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| 19 | | correctional facility.
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| 20 | | (Source: P.A. 94-696, eff. 6-1-06.)".
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