Rep. Mike Bost
Filed: 3/17/2011
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 2590
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 2590 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Private Correctional Facility Moratorium | ||||||
5 | Act 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 | ||||||
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, |
| |||||||
| |||||||
1 | operation or management of correctional
facilities by | ||||||
2 | for-profit private contractors.
| ||||||
3 | (Source: P.A. 86-1412.)
| ||||||
4 | (730 ILCS 140/3) (from Ch. 38, par. 1583)
| ||||||
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
| ||||||
19 | correctional facility.
| ||||||
20 | (Source: P.A. 94-696, eff. 6-1-06 .)".
|