Sen. Antonio Muñoz
Filed: 3/26/2012
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| 1 | AMENDMENT TO SENATE BILL 1064
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 1064 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 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 | ||||||
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| 1 | punishment on errant citizens through incarceration or other | ||||||
| 2 | uses of detention requires
the State, any unit of local | ||||||
| 3 | government or a county sheriff, to exercise of its coercive | ||||||
| 4 | police powers over individuals and is
thus distinguishable from | ||||||
| 5 | privatization in other areas of government. It
is further found | ||||||
| 6 | that issues of liability, accountability and cost warrant
a | ||||||
| 7 | prohibition of the ownership, operation or management of | ||||||
| 8 | correctional
and detention facilities by for-profit private | ||||||
| 9 | contractors.
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| 10 | (Source: P.A. 97-380, eff. 1-1-12.)
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| 11 | (730 ILCS 140/3) (from Ch. 38, par. 1583)
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| 12 | Sec. 3. Certain contracts prohibited. The After the | ||||||
| 13 | effective date of
this Act, the State, any unit of local | ||||||
| 14 | government, any or a county sheriff, or any agency, officer, | ||||||
| 15 | employee, or agent thereof shall not contract with a private | ||||||
| 16 | contractor or private
vendor for the provision of services | ||||||
| 17 | relating to the operation of a
correctional or detention | ||||||
| 18 | facility or the incarceration of persons in the custody of the
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| 19 | Department of Corrections, the Department of Juvenile Justice, | ||||||
| 20 | or a sheriff, or any other governmental agency at any level of | ||||||
| 21 | government, including the government of the United States, and | ||||||
| 22 | shall not make any payment to that private contractor or | ||||||
| 23 | private vendor based on that contract; however, this Act does | ||||||
| 24 | not apply to (1) State
work
release centers or juvenile | ||||||
| 25 | residential facilities that provide separate care
or special | ||||||
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| 1 | treatment operated in whole or part by private contractors or
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| 2 | (2)
contracts for ancillary services, including medical | ||||||
| 3 | services, educational
services, repair and maintenance | ||||||
| 4 | contracts, or other services not directly
related to the | ||||||
| 5 | ownership, management or operation of security services in a
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| 6 | correctional or detention facility.
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| 7 | (Source: P.A. 97-380, eff. 1-1-12.)
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| 8 | Section 99. Effective date. This Act takes effect upon | ||||||
| 9 | becoming law.".
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