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| | SB1064 Engrossed | | LRB097 04779 RLC 44818 b |
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| 1 | | AN ACT concerning corrections.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Private Correctional Facility Moratorium |
| 5 | | Act is amended by changing Sections 1, 2, and 3 as follows:
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| 6 | | (730 ILCS 140/1) (from Ch. 38, par. 1581)
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| 7 | | Sec. 1. Short title. This Act shall be known and may be |
| 8 | | cited as the
Private Correctional and Detention Facility |
| 9 | | Moratorium Act.
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| 10 | | (Source: P.A. 86-1412.)
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| 11 | | (730 ILCS 140/2) (from Ch. 38, par. 1582)
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| 12 | | Sec. 2. Legislative findings. The General Assembly hereby |
| 13 | | finds and
declares that the management and operation of a |
| 14 | | correctional or detention facility or
institution involves |
| 15 | | functions that are inherently governmental. The
imposition of |
| 16 | | punishment on errant citizens through incarceration or other |
| 17 | | uses of detention requires
the State, any unit of local |
| 18 | | government or a county sheriff, to exercise of its coercive |
| 19 | | police powers over individuals and is
thus distinguishable from |
| 20 | | privatization in other areas of government. It
is further found |
| 21 | | that issues of liability, accountability and cost warrant
a |
| 22 | | prohibition of the ownership, operation or management of |
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| | SB1064 Engrossed | - 2 - | LRB097 04779 RLC 44818 b |
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| 1 | | correctional
and detention facilities by for-profit private |
| 2 | | contractors.
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| 3 | | (Source: P.A. 97-380, eff. 1-1-12.)
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| 4 | | (730 ILCS 140/3) (from Ch. 38, par. 1583)
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| 5 | | Sec. 3. Certain contracts prohibited. The After the |
| 6 | | effective date of
this Act, the State, any unit of local |
| 7 | | government, any or a county sheriff, or any agency, officer, |
| 8 | | employee, or agent thereof shall not contract with a private |
| 9 | | contractor or private
vendor for the provision of services |
| 10 | | relating to the operation of a
correctional or detention |
| 11 | | facility or the incarceration of persons in the custody of the
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| 12 | | Department of Corrections, the Department of Juvenile Justice, |
| 13 | | or a sheriff, or any other governmental agency at any level of |
| 14 | | government, including the government of the United States, and |
| 15 | | shall not make any payment to that private contractor or |
| 16 | | private vendor based on that contract; however, this Act does |
| 17 | | not apply to (1) State
work
release centers or juvenile |
| 18 | | residential facilities that provide separate care
or special |
| 19 | | treatment operated in whole or part by private contractors or
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| 20 | | (2)
contracts for ancillary services, including medical |
| 21 | | services, educational
services, repair and maintenance |
| 22 | | contracts, or other services not directly
related to the |
| 23 | | ownership, management or operation of security services in a
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| 24 | | correctional or detention facility.
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| 25 | | (Source: P.A. 97-380, eff. 1-1-12.)
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