Full Text of HB2040 101st General Assembly
HB2040ham001 101ST GENERAL ASSEMBLY | Rep. Kelly M. Cassidy Filed: 3/12/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2040
| 2 | | AMENDMENT NO. ______. Amend House Bill 2040 by replacing | 3 | | everything after the enacting clause with the following:
| 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 | | finds and declares that the management and operation of any | 8 | | 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 facilities | 15 | | by private contractors within the State to the fullest extent | 16 | | permitted under State law. |
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| 1 | | Section 10. Definitions. In this Act: | 2 | | "Detention facility" means any building, facility, or | 3 | | structure used to detain persons in custody, not including | 4 | | State work release centers or juvenile or adult residential | 5 | | treatment facilities. | 6 | | Section 15. Certain agreements and payments prohibited. | 7 | | Neither the State, nor any unit of local government, any county | 8 | | sheriff, or any agency, officer, employee, or agent thereof, | 9 | | shall: | 10 | | (1) enter into an agreement of any kind related to the | 11 | | detention of individuals in a detention facility owned, | 12 | | managed, or operated in whole or in part by a private entity or | 13 | | person; | 14 | | (2) pay, reimburse, subsidize, or defray in any way any | 15 | | costs related to the sale, purchase, construction, | 16 | | development, ownership, management, or operation, in whole or | 17 | | in part, of any detention facility by any private entity or | 18 | | person; | 19 | | (3) receive per diem, per detainee, or any other payment | 20 | | related to the detention of individuals in a detention facility | 21 | | owned, managed, or operated, in whole or in part, by any | 22 | | private entity or person; or | 23 | | (4) otherwise give any financial incentive or benefit to | 24 | | any private entity or person in connection with the sale, |
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| 1 | | purchase, construction, development, ownership, management, or | 2 | | operation of any detention facility. | 3 | | Section 20. Exemptions. This Act does not prohibit the | 4 | | State or any unit of local government that owns, manages, or | 5 | | operates a detention facility from contracting with a private | 6 | | entity or person to provide ancillary services in that | 7 | | facility, such as medical services, food service, educational | 8 | | services, or facility repair or maintenance. | 9 | | Section 25. Applicability. In case of any conflict between | 10 | | this Act and any other law, this Act shall control. | 11 | | (730 ILCS 140/Act rep.) | 12 | | Section 105. The Private Correctional Facility Moratorium | 13 | | Act is repealed. | 14 | | Section 997. Severability. The provisions of this Act are | 15 | | severable under Section 1.31 of the Statute on Statutes.
| 16 | | Section 999. Effective date. This Act takes effect upon | 17 | | becoming law.".
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