Full Text of HB2510 99th General Assembly
HB2510 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB2510 Introduced 2/18/2015, by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: |
| 730 ILCS 140/1 | from Ch. 38, par. 1581 | 730 ILCS 140/1.5 new | | 730 ILCS 140/2 | from Ch. 38, par. 1582 | 730 ILCS 140/3 | from Ch. 38, par. 1583 |
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Amends the Private Correctional Facility Moratorium Act. Changes the title of the Act to the For-Profit Corrections Prohibition Act. Defines "non-profit contractor", private company", "private vendor", "private contractor", and "work release center". Provides that the State, any unit of local government, or a county sheriff, shall not contract with a private contractor or private vendor for the provision of services relating to community correctional supervision. Provides that the Act does not apply to State
work
release centers or juvenile residential facilities that provide separate care
or special treatment operated in whole or part by non-profit (rather than private) contractors. Adds to exempted contracts for ancillary services contracts for electronic monitoring services.
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| | A BILL FOR |
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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 5. The Private Correctional Facility Moratorium | 5 | | Act is amended by changing Sections 1, 2, and 3 and adding | 6 | | Section 1.5 as follows:
| 7 | | (730 ILCS 140/1) (from Ch. 38, par. 1581)
| 8 | | Sec. 1. Short title. This Act shall be known and may be | 9 | | cited as the
For-Profit Corrections Prohibition Private | 10 | | Correctional Facility Moratorium Act.
| 11 | | (Source: P.A. 86-1412.)
| 12 | | (730 ILCS 140/1.5 new) | 13 | | Sec. 1.5. Definitions. As used in this Act: | 14 | | "Non-profit contractor" means an entity organized and | 15 | | operating as a
not-for-profit entity which provides | 16 | | contractual services to federal, State, or local
units of | 17 | | government. | 18 | | "Private company", "private vendor", or "private | 19 | | contractor" means a for-profit corporation or business entity | 20 | | not organized or operating as a not-for-profit
entity. | 21 | | "Work release center" means a facility contracted by a unit | 22 | | of
federal, State, or local government that provides post |
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| 1 | | corrections or incarceration
employment, educational, or | 2 | | substance or alcohol abuse supportive re-entry
services to | 3 | | ex-offenders.
| 4 | | (730 ILCS 140/2) (from Ch. 38, par. 1582)
| 5 | | Sec. 2. Legislative findings. The General Assembly hereby | 6 | | finds and
declares that the management and operation of a | 7 | | correctional facility or
institution and supervision of | 8 | | offenders in the community involves functions that are | 9 | | inherently governmental. The
imposition of punishment on | 10 | | errant citizens through incarceration or community | 11 | | correctional supervision requires
the State, any unit of local | 12 | | government or a county sheriff, to exercise its coercive police | 13 | | powers over individuals and is
thus distinguishable from | 14 | | privatization in other areas of government. It
is further found | 15 | | that issues of liability, accountability and cost warrant
a | 16 | | prohibition of the ownership, operation or management of | 17 | | correctional
facilities and community correctional supervision | 18 | | by for-profit private contractors.
| 19 | | (Source: P.A. 97-380, eff. 1-1-12.)
| 20 | | (730 ILCS 140/3) (from Ch. 38, par. 1583)
| 21 | | Sec. 3. Certain contracts prohibited. After the effective | 22 | | date of
this Act, the State, any unit of local government, or a | 23 | | county sheriff, shall not contract with a private contractor or | 24 | | private
vendor for the provision of services relating to |
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| 1 | | community correctional supervision, the operation of a
| 2 | | correctional facility , or the incarceration of persons in the | 3 | | custody of the
Department of Corrections, the Department of | 4 | | Juvenile Justice, or a sheriff; however, this Act does not | 5 | | apply to (1) State
work
release centers or juvenile residential | 6 | | facilities that provide separate care
or special treatment | 7 | | operated in whole or part by non-profit private contractors or
| 8 | | (2)
contracts for ancillary services, including medical | 9 | | services, educational
services, electronic monitoring | 10 | | services, repair and maintenance contracts , or other services | 11 | | not directly
related to the ownership, management , or operation | 12 | | of security services in a
correctional facility or for | 13 | | community correctional supervision .
| 14 | | (Source: P.A. 97-380, eff. 1-1-12.)
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