Rep. Kelly M. Cassidy

Filed: 3/12/2019





10100HB2040ham001LRB101 07762 SLF 57603 a


2    AMENDMENT NO. ______. Amend House Bill 2040 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Private Detention Facility Moratorium Act.
6    Section 5. Legislative findings. The General Assembly
7finds and declares that the management and operation of any
8detention facility involves functions that are inherently
9governmental. Detention requires the exercise of coercive
10police powers over individuals that should not be delegated to
11the private sector and is distinguishable from privatization in
12other areas of government. It is further found that issues of
13liability, accountability, and cost warrant a prohibition of
14the ownership, operation or management of detention facilities
15by private contractors within the State to the fullest extent
16permitted under State law.



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1    Section 10. Definitions. In this Act:
2    "Detention facility" means any building, facility, or
3structure used to detain persons in custody, not including
4State work release centers or juvenile or adult residential
5treatment facilities.
6    Section 15. Certain agreements and payments prohibited.
7Neither the State, nor any unit of local government, any county
8sheriff, or any agency, officer, employee, or agent thereof,
10    (1) enter into an agreement of any kind related to the
11detention of individuals in a detention facility owned,
12managed, or operated in whole or in part by a private entity or
14    (2) pay, reimburse, subsidize, or defray in any way any
15costs related to the sale, purchase, construction,
16development, ownership, management, or operation, in whole or
17in part, of any detention facility by any private entity or
19    (3) receive per diem, per detainee, or any other payment
20related to the detention of individuals in a detention facility
21owned, managed, or operated, in whole or in part, by any
22private entity or person; or
23    (4) otherwise give any financial incentive or benefit to
24any private entity or person in connection with the sale,



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1purchase, construction, development, ownership, management, or
2operation of any detention facility.
3    Section 20. Exemptions. This Act does not prohibit the
4State or any unit of local government that owns, manages, or
5operates a detention facility from contracting with a private
6entity or person to provide ancillary services in that
7facility, such as medical services, food service, educational
8services, or facility repair or maintenance.
9    Section 25. Applicability. In case of any conflict between
10this Act and any other law, this Act shall control.
11    (730 ILCS 140/Act rep.)
12    Section 105. The Private Correctional Facility Moratorium
13Act is repealed.
14    Section 997. Severability. The provisions of this Act are
15severable under Section 1.31 of the Statute on Statutes.
16    Section 999. Effective date. This Act takes effect upon
17becoming law.".