Rep. Kelly M. Cassidy
Filed: 3/18/2019
 
 

 

 

 
10100HB2040ham002LRB101 07762 SLF 58061 a



1
AMENDMENT TO HOUSE BILL 2040




2    AMENDMENT NO. ______. Amend House Bill 2040 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 1. Short title. This Act may be cited as the 
5Private Detention Facility Moratorium Act.
 
6    Section 5. Legislative findings. The General Assembly 
7finds and declares that the management and operation of any 
8detention facility involves functions that are inherently 
9governmental.  Detention requires the exercise of coercive 
10police powers over individuals that should not be delegated to 
11the private sector and is distinguishable from privatization in 
12other areas of government. It is further found that issues of 
13liability, accountability, and cost warrant a prohibition of 
14the ownership, operation, or management of detention 
15facilities by private contractors within the State to the 
16fullest extent permitted under State law.
 
 
 
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1    Section 10. Definitions. In this Act:
2    "Detention facility" means any building, facility, or 
3structure used to detain persons not including State work 
4release centers or juvenile or adult residential treatment 
5facilities.
 
6    Section 15. Certain agreements and incentives prohibited.   
7Neither the State, nor any unit of local government, any county 
8sheriff, or any agency, officer, employee, or agent thereof, 
9shall:
10    (1) enter into an agreement of any kind related to the 
11detention of individuals in a detention facility owned, 
12managed, or operated in whole or in part by a private entity or 
13person; 
14    (2) pay, reimburse, subsidize, or defray in any way any 
15costs related to the sale, purchase, construction, 
16development, ownership, management, or operation, in whole or 
17in part, of any detention facility by any private entity or 
18person;
19    (3) receive per diem, per detainee, or any other payment 
20related to the detention of individuals in a detention facility 
21owned, managed, or operated, in whole or in part, by any 
22private entity or person; or 
23    (4) otherwise give any financial incentive or benefit to 
24any private entity or person in connection with the sale, 
 
 
10100HB2040ham002- 3 -LRB101 07762 SLF 58061 a

1purchase, construction, development, ownership, management, or 
2operation of any detention facility.
 
3    Section 20. Exemptions. This Act does not prohibit the 
4state or any unit of local government that owns, manages, or 
5operates a detention facility from contracting with a private 
6entity or person to provide ancillary services in that 
7facility, such as medical services, food service, educational 
8services, or facility repair or maintenance.
 
9    Section 25. Applicability.  In case of any conflict between 
10this Act and any other law, this Act shall control. 
 
11    Section 997. Severability. The provisions of this Act are 
12severable under Section 1.31 of the Statute on Statutes.
 

13    Section 999. Effective date. This Act takes effect upon 
14becoming law.".