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| | HB2040 Engrossed | | LRB101 07762 SLF 52811 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 1. Short title. This Act may be cited as the |
| 5 | | Private Detention Facility Moratorium Act.
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| 6 | | Section 5. Legislative findings. The General Assembly |
| 7 | | hereby finds and declares that the management and operation of |
| 8 | | any detention facility involves functions that are inherently |
| 9 | | governmental. Detention requires the exercise of coercive |
| 10 | | police powers over individuals that should not be delegated to |
| 11 | | the private sector and is distinguishable from privatization in |
| 12 | | other areas of government. It is further found that issues of |
| 13 | | liability, accountability, and cost warrant a prohibition of |
| 14 | | the ownership, operation, or management of detention |
| 15 | | facilities by private contractors within the State to the |
| 16 | | fullest extent permitted under State law.
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| 17 | | Section 10. Definitions. In this Act: |
| 18 | | "Detention facility" means any building, facility, or |
| 19 | | structure used to detain individuals, not including State work |
| 20 | | release centers or juvenile or adult residential treatment |
| 21 | | facilities.
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| | HB2040 Engrossed | - 2 - | LRB101 07762 SLF 52811 b |
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| 1 | | Section 15. Certain agreements and incentives prohibited. |
| 2 | | Neither the State, nor any unit of local government, any county |
| 3 | | sheriff, or any agency, officer, employee, or agent thereof, |
| 4 | | shall: |
| 5 | | (1) enter into an agreement of any kind for the detention |
| 6 | | of individuals in a detention facility owned, managed, or |
| 7 | | operated, in whole or in part, by a private entity; |
| 8 | | (2) pay, reimburse, subsidize, or defray in any way any |
| 9 | | costs related to the sale, purchase, construction, |
| 10 | | development, ownership, management, or operation of a |
| 11 | | detention facility that is or will be owned, managed, or |
| 12 | | operated, in whole or in part, by a private entity; |
| 13 | | (3) receive per diem, per detainee, or any other payment |
| 14 | | related to the detention of individuals in a detention facility |
| 15 | | owned, managed, or operated, in whole or in part, by a private |
| 16 | | entity; or |
| 17 | | (4) otherwise give any financial incentive or benefit to |
| 18 | | any private entity or person in connection with the sale, |
| 19 | | purchase, construction, development, ownership, management, or |
| 20 | | operation of a detention facility that is or will be owned, |
| 21 | | managed, or operated, in whole or in part, by a private entity.
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| 22 | | Section 20. Exemptions. This Act does not prohibit the |
| 23 | | State, a unit of local government, or any sheriff that owns, |
| 24 | | manages, or operates a detention facility from contracting with |
| 25 | | a private entity or person to provide ancillary services in |
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| | HB2040 Engrossed | - 3 - | LRB101 07762 SLF 52811 b |
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| 1 | | that facility, such as, medical services, food service, |
| 2 | | educational services, or facility repair and maintenance.
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| 3 | | Section 25. Applicability. In case of any conflict between |
| 4 | | this Act and any other law, this Act shall control.
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| 5 | | Section 997. Severability. The provisions of this Act are |
| 6 | | severable under Section 1.31 of the Statute on Statutes.
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| 7 | | Section 999. Effective date. This Act takes effect upon |
| 8 | | becoming law.
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