Public Act 097-0380
 
HB2590 EnrolledLRB097 07371 RLC 47480 b



    AN ACT concerning corrections.

 
    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 2 and 3 as follows:
 



    (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 involves functions that 
are inherently governmental.  The
imposition of punishment on 
errant citizens through incarceration 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 by 
for-profit private contractors.

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

 


    (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 the 
operation of a
correctional facility or the incarceration of 
persons in the custody of the
Department of Corrections, or of 
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 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 facility.

(Source: P.A. 94-696, eff. 6-1-06.)



Effective Date:  1/1/2012