Rep. Mike Bost
Filed: 3/17/2011
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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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| 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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