HB2040 101ST GENERAL ASSEMBLY

LRB101 07762 SLF 52811 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2040

Introduced , 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

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.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Private Correctional Facility Moratorium Act is amended by changing Sections 1, 2, and 3 and adding Section 1.5 as follows:

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

Sec. 1. Short title. This Act shall be known and may be cited as the For-Profit Corrections Prohibition Private Correctional Facility Moratorium Act.

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

(730 ILCS 140/1.5 new)

Sec. 1.5. Definitions. As used in this Act:

"Non-profit contractor" means an entity organized and operating as a not-for-profit entity which provides contractual services to federal, State, or local units of government.

"Private company", "private vendor", or "private contractor" means a for-profit corporation or business entity not organized or operating as a not-for-profit entity.

"Work release center" means a facility contracted by a unit of federal, State, or local government that provides post corrections or incarceration employment, educational, or substance or alcohol abuse supportive re-entry services to ex-offenders.

(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 and supervision of offenders in the community involves functions that are inherently governmental. The imposition of punishment on errant citizens through incarceration or community correctional supervision 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 and community correctional supervision by for-profit private contractors.

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

(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 community correctional supervision, 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 non-profit private contractors or (2) contracts for ancillary services, including medical services, educational services, electronic monitoring services, repair and maintenance contracts, or other services not directly related to the ownership, management, or operation of security services in a correctional facility or for community correctional supervision.

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