Full Text of HB2040 101st General Assembly
HB2040ham002 101ST GENERAL ASSEMBLY
Rep. Kelly M. Cassidy
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AMENDMENT TO HOUSE BILL 2040
AMENDMENT NO. ______. Amend House Bill 2040 by replacing
everything after the enacting clause with the following:
This Act may be cited as the
Private Detention Facility Moratorium Act.
The General Assembly
finds and declares that the management and operation of any
detention facility involves functions that are inherently
governmental. Detention requires the exercise of coercive
police powers over individuals that should not be delegated to
the private sector and is distinguishable from privatization in
other areas of government. It is further found that issues of
liability, accountability, and cost warrant a prohibition of
the ownership, operation, or management of detention
facilities by private contractors within the State to the
fullest extent permitted under State law.
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In this Act:
"Detention facility" means any building, facility, or
structure used to detain persons not including State work
release centers or juvenile or adult residential treatment
Certain agreements and incentives prohibited.
Neither the State, nor any unit of local government, any county
sheriff, or any agency, officer, employee, or agent thereof,
(1) enter into an agreement of any kind related to the
detention of individuals in a detention facility owned,
managed, or operated in whole or in part by a private entity or
(2) pay, reimburse, subsidize, or defray in any way any
costs related to the sale, purchase, construction,
development, ownership, management, or operation, in whole or
in part, of any detention facility by any private entity or
(3) receive per diem, per detainee, or any other payment
related to the detention of individuals in a detention facility
owned, managed, or operated, in whole or in part, by any
private entity or person; or
(4) otherwise give any financial incentive or benefit to
any private entity or person in connection with the sale,
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purchase, construction, development, ownership, management, or
operation of any detention facility.
This Act does not prohibit the
state or any unit of local government that owns, manages, or
operates a detention facility from contracting with a private
entity or person to provide ancillary services in that
facility, such as medical services, food service, educational
services, or facility repair or maintenance.
In case of any conflict between
this Act and any other law, this Act shall control.
The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
This Act takes effect upon