SB1064sam001 97TH GENERAL ASSEMBLY

Sen. Antonio Muņoz

Filed: 3/26/2012

09700SB1064sam001 LRB097 04779 RLC 67932 a

AMENDMENT TO SENATE BILL 1064

AMENDMENT NO. ______. Amend Senate Bill 1064 by replacing everything after the enacting clause with the following:

"Section 5. The Private Correctional Facility Moratorium Act is amended by changing Sections 1, 2, and 3 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 Private Correctional and Detention Facility Moratorium Act.

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

(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 or detention facility or institution involves functions that are inherently governmental. The imposition of punishment on errant citizens through incarceration or other uses of detention requires the State, any unit of local government or a county sheriff, to exercise of 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 and detention facilities 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. The After the effective date of this Act, the State, any unit of local government, any or a county sheriff, or any agency, officer, employee, or agent thereof shall not contract with a private contractor or private vendor for the provision of services relating to the operation of a correctional or detention facility or the incarceration of persons in the custody of the Department of Corrections, the Department of Juvenile Justice, or a sheriff, or any other governmental agency at any level of government, including the government of the United States, and shall not make any payment to that private contractor or private vendor based on that contract; 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 or detention facility.

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

Section 99. Effective date. This Act takes effect upon becoming law.".