730 ILCS 140/ Private Correctional Facility Moratorium Act.

Information maintained by the Legislative Reference Bureau

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

CORRECTIONS
(730 ILCS 140/) Private Correctional Facility Moratorium Act.

730 ILCS 140/1

(730 ILCS 140/1) (from Ch. 38, par. 1581)

Sec. 1.

Short title.

This Act shall be known and may be cited as the

Private Correctional Facility Moratorium Act.

(Source: P.A. 86-1412.)

730 ILCS 140/2

(730 ILCS 140/2) (from Ch. 38, par. 1582)

Sec. 2. Legislative findings.

The General Assembly hereby finds and
declares that the management and operation of a correctional facility or
institution involves functions that are inherently governmental.  The
imposition of punishment on errant citizens through incarceration requires
the State, any unit of local government or a county sheriff, to exercise its coercive police powers over individuals and is
thus 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 correctional
facilities by for-profit private contractors.

(Source: P.A. 97-380, eff. 1-1-12.)

730 ILCS 140/3

(730 ILCS 140/3) (from Ch. 38, par. 1583)

Sec. 3. Certain contracts prohibited.

After the effective date of
this Act, 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 the operation of a
correctional facility or the incarceration of persons in the custody of the
Department of Corrections, the Department of Juvenile Justice, or a sheriff; however, this Act does not apply to (1) State
work
release centers or juvenile residential facilities that provide separate care
or special treatment operated in whole or part by private contractors or
(2)
contracts for ancillary services, including medical services, educational
services, repair and maintenance contracts, or other services not directly
related to the ownership, management or operation of security services in a
correctional facility.

(Source: P.A. 97-380, eff. 1-1-12.)

730 ILCS 140/4

(730 ILCS 140/4) (from Ch. 38, par. 1584)

Sec. 4.

Applicability.

In case of any conflict between
this Act and any other law, this Act shall control.

(Source: P.A. 86-1412.)