Illinois General Assembly - Full Text of SB1064
Illinois General Assembly

Previous General Assemblies

Full Text of SB1064  97th General Assembly


Sen. Antonio Muñoz

Filed: 3/26/2012





09700SB1064sam001LRB097 04779 RLC 67932 a


2    AMENDMENT NO. ______. Amend Senate Bill 1064 by replacing
3everything after the enacting clause with the following:
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



09700SB1064sam001- 2 -LRB097 04779 RLC 67932 a

1punishment on errant citizens through incarceration or other
2uses of detention requires the State, any unit of local
3government or a county sheriff, to exercise of its coercive
4police powers over individuals and is thus distinguishable from
5privatization in other areas of government. It is further found
6that issues of liability, accountability and cost warrant a
7prohibition of the ownership, operation or management of
8correctional and detention facilities by for-profit private
10(Source: P.A. 97-380, eff. 1-1-12.)
11    (730 ILCS 140/3)  (from Ch. 38, par. 1583)
12    Sec. 3. Certain contracts prohibited. The After the
13effective date of this Act, the State, any unit of local
14government, any or a county sheriff, or any agency, officer,
15employee, or agent thereof shall not contract with a private
16contractor or private vendor for the provision of services
17relating to the operation of a correctional or detention
18facility or the incarceration of persons in the custody of the
19Department of Corrections, the Department of Juvenile Justice,
20or a sheriff, or any other governmental agency at any level of
21government, including the government of the United States, and
22shall not make any payment to that private contractor or
23private vendor based on that contract; however, this Act does
24not apply to (1) State work release centers or juvenile
25residential facilities that provide separate care or special



09700SB1064sam001- 3 -LRB097 04779 RLC 67932 a

1treatment operated in whole or part by private contractors or
2(2) contracts for ancillary services, including medical
3services, educational services, repair and maintenance
4contracts, or other services not directly related to the
5ownership, management or operation of security services in a
6correctional or detention facility.
7(Source: P.A. 97-380, eff. 1-1-12.)
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".