HB2040ham003 101ST GENERAL ASSEMBLY

Rep. Kelly M. Cassidy

Filed: 3/27/2019

10100HB2040ham003 LRB101 07762 SLF 58611 a

AMENDMENT TO HOUSE BILL 2040

AMENDMENT NO. ______. Amend House Bill 2040, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Private Detention Facility Moratorium Act.

Section 5. Legislative findings. The General Assembly hereby finds and declares that the management and operation of any detention facility involves functions that are inherently governmental. Detention requires the exercise of coercive police powers over individuals that should not be delegated to the private sector and is 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 detention facilities by private contractors within the State to the fullest extent permitted under State law.

Section 10. Definitions. In this Act:

"Detention facility" means any building, facility, or structure used to detain individuals, not including State work release centers or juvenile or adult residential treatment facilities.

Section 15. Certain agreements and incentives prohibited. Neither the State, nor any unit of local government, any county sheriff, or any agency, officer, employee, or agent thereof, shall:

(1) enter into an agreement of any kind for the detention of individuals in a detention facility owned, managed, or operated, in whole or in part, by a private entity;

(2) pay, reimburse, subsidize, or defray in any way any costs related to the sale, purchase, construction, development, ownership, management, or operation of a detention facility that is or will be owned, managed, or operated, in whole or in part, by a private entity;

(3) receive per diem, per detainee, or any other payment related to the detention of individuals in a detention facility owned, managed, or operated, in whole or in part, by a private entity; or

(4) otherwise give any financial incentive or benefit to any private entity or person in connection with the sale, purchase, construction, development, ownership, management, or operation of a detention facility that is or will be owned, managed, or operated, in whole or in part, by a private entity.

Section 20. Exemptions. This Act does not prohibit the State, a unit of local government, or any sheriff that owns, manages, or operates a detention facility from contracting with a private entity or person to provide ancillary services in that facility, such as, medical services, food service, educational services, or facility repair and maintenance.

Section 25. Applicability. In case of any conflict between this Act and any other law, this Act shall control.

Section 997. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

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