Illinois General Assembly - Full Text of SB1064
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Full Text of SB1064  97th General Assembly



SB1064 EngrossedLRB097 04779 RLC 44818 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 1, 2, and 3 as follows:
6    (730 ILCS 140/1)  (from Ch. 38, par. 1581)
7    Sec. 1. Short title. This Act shall be known and may be
8cited as the Private Correctional and Detention Facility
9Moratorium Act.
10(Source: P.A. 86-1412.)
11    (730 ILCS 140/2)  (from Ch. 38, par. 1582)
12    Sec. 2. Legislative findings. The General Assembly hereby
13finds and declares that the management and operation of a
14correctional or detention facility or institution involves
15functions that are inherently governmental. The imposition of
16punishment on errant citizens through incarceration or other
17uses of detention requires the State, any unit of local
18government or a county sheriff, to exercise of its coercive
19police powers over individuals and is thus distinguishable from
20privatization in other areas of government. It is further found
21that issues of liability, accountability and cost warrant a
22prohibition of the ownership, operation or management of



SB1064 Engrossed- 2 -LRB097 04779 RLC 44818 b

1correctional and detention facilities by for-profit private
3(Source: P.A. 97-380, eff. 1-1-12.)
4    (730 ILCS 140/3)  (from Ch. 38, par. 1583)
5    Sec. 3. Certain contracts prohibited. The After the
6effective date of this Act, the State, any unit of local
7government, any or a county sheriff, or any agency, officer,
8employee, or agent thereof shall not contract with a private
9contractor or private vendor for the provision of services
10relating to the operation of a correctional or detention
11facility or the incarceration of persons in the custody of the
12Department of Corrections, the Department of Juvenile Justice,
13or a sheriff, or any other governmental agency at any level of
14government, including the government of the United States, and
15shall not make any payment to that private contractor or
16private vendor based on that contract; however, this Act does
17not apply to (1) State work release centers or juvenile
18residential facilities that provide separate care or special
19treatment operated in whole or part by private contractors or
20(2) contracts for ancillary services, including medical
21services, educational services, repair and maintenance
22contracts, or other services not directly related to the
23ownership, management or operation of security services in a
24correctional or detention facility.
25(Source: P.A. 97-380, eff. 1-1-12.)



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.