Full Text of HB2040 101st General Assembly
HB2040eng 101ST GENERAL ASSEMBLY |
| | HB2040 Engrossed | | LRB101 07762 SLF 52811 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Private Detention Facility Moratorium Act. | 6 | | Section 5. Legislative findings. The General Assembly | 7 | | hereby finds and declares that the management and operation of | 8 | | any detention facility involves functions that are inherently | 9 | | governmental. Detention requires the exercise of coercive | 10 | | police powers over individuals that should not be delegated to | 11 | | the private sector and is distinguishable from privatization in | 12 | | other areas of government. It is further found that issues of | 13 | | liability, accountability, and cost warrant a prohibition of | 14 | | the ownership, operation, or management of detention | 15 | | facilities by private contractors within the State to the | 16 | | fullest extent permitted under State law. | 17 | | Section 10. Definitions. In this Act: | 18 | | "Detention facility" means any building, facility, or | 19 | | structure used to detain individuals, not including State work | 20 | | release centers or juvenile or adult residential treatment | 21 | | facilities. |
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| 1 | | Section 15. Certain agreements and incentives prohibited. | 2 | | Neither the State, nor any unit of local government, any county | 3 | | sheriff, or any agency, officer, employee, or agent thereof, | 4 | | shall: | 5 | | (1) enter into an agreement of any kind for the detention | 6 | | of individuals in a detention facility owned, managed, or | 7 | | operated, in whole or in part, by a private entity; | 8 | | (2) pay, reimburse, subsidize, or defray in any way any | 9 | | costs related to the sale, purchase, construction, | 10 | | development, ownership, management, or operation of a | 11 | | detention facility that is or will be owned, managed, or | 12 | | operated, in whole or in part, by a private entity; | 13 | | (3) receive per diem, per detainee, or any other payment | 14 | | related to the detention of individuals in a detention facility | 15 | | owned, managed, or operated, in whole or in part, by a private | 16 | | entity; or | 17 | | (4) otherwise give any financial incentive or benefit to | 18 | | any private entity or person in connection with the sale, | 19 | | purchase, construction, development, ownership, management, or | 20 | | operation of a detention facility that is or will be owned, | 21 | | managed, or operated, in whole or in part, by a private entity. | 22 | | Section 20. Exemptions. This Act does not prohibit the | 23 | | State, a unit of local government, or any sheriff that owns, | 24 | | manages, or operates a detention facility from contracting with | 25 | | a private entity or person to provide ancillary services in |
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| 1 | | that facility, such as, medical services, food service, | 2 | | educational services, or facility repair and maintenance. | 3 | | Section 25. Applicability. In case of any conflict between | 4 | | this Act and any other law, this Act shall control. | 5 | | Section 997. Severability. The provisions of this Act are | 6 | | severable under Section 1.31 of the Statute on Statutes.
| 7 | | Section 999. Effective date. This Act takes effect upon | 8 | | becoming law.
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