HB2590 EnrolledLRB097 07371 RLC 47480 b

1    AN ACT concerning corrections.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Private Correctional Facility Moratorium
5Act 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
8finds and declares that the management and operation of a
9correctional facility or institution involves functions that
10are inherently governmental. The imposition of punishment on
11errant citizens through incarceration requires the State, any
12unit of local government or a county sheriff, to exercise its
13coercive police powers over individuals and is thus
14distinguishable from privatization in other areas of
15government. It is further found that issues of liability,
16accountability and cost warrant a prohibition of the ownership,
17operation or management of correctional facilities by
18for-profit private contractors.
19(Source: P.A. 86-1412.)
20    (730 ILCS 140/3)  (from Ch. 38, par. 1583)
21    Sec. 3. Certain contracts prohibited. After the effective
22date of this Act, the State, any unit of local government, or a



HB2590 Enrolled- 2 -LRB097 07371 RLC 47480 b

1county sheriff, shall not contract with a private contractor or
2private vendor for the provision of services relating to the
3operation of a correctional facility or the incarceration of
4persons in the custody of the Department of Corrections, or of
5the Department of Juvenile Justice, or a sheriff; however, this
6Act does not apply to (1) State work release centers or
7juvenile residential facilities that provide separate care or
8special treatment operated in whole or part by private
9contractors or (2) contracts for ancillary services, including
10medical services, educational services, repair and maintenance
11contracts, or other services not directly related to the
12ownership, management or operation of security services in a
13correctional facility.
14(Source: P.A. 94-696, eff. 6-1-06.)