State of Illinois
2019 and 2020


Introduced , by Rep. Kelly M. Cassidy


730 ILCS 140/1  from Ch. 38, par. 1581
730 ILCS 140/1.5 new
730 ILCS 140/2  from Ch. 38, par. 1582
730 ILCS 140/3  from Ch. 38, par. 1583

    Amends the Private Correctional Facility Moratorium Act. Changes the title of the Act to the For-Profit Corrections Prohibition Act. Defines "non-profit contractor", private company", "private vendor", "private contractor", and "work release center". Provides that 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 community correctional supervision. Provides that the Act does not apply to State work release centers or juvenile residential facilities that provide separate care or special treatment operated in whole or part by non-profit (rather than private) contractors. Adds to exempted contracts for ancillary services contracts for electronic monitoring services.

LRB101 07762 SLF 52811 b





HB2040LRB101 07762 SLF 52811 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Private Correctional Facility Moratorium
5Act is amended by changing Sections 1, 2, and 3 and adding
6Section 1.5 as follows:
7    (730 ILCS 140/1)  (from Ch. 38, par. 1581)
8    Sec. 1. Short title. This Act shall be known and may be
9cited as the For-Profit Corrections Prohibition Private
10Correctional Facility Moratorium Act.
11(Source: P.A. 86-1412.)
12    (730 ILCS 140/1.5 new)
13    Sec. 1.5. Definitions. As used in this Act:
14    "Non-profit contractor" means an entity organized and
15operating as a not-for-profit entity which provides
16contractual services to federal, State, or local units of
18    "Private company", "private vendor", or "private
19contractor" means a for-profit corporation or business entity
20not organized or operating as a not-for-profit entity.
21    "Work release center" means a facility contracted by a unit
22of federal, State, or local government that provides post



HB2040- 2 -LRB101 07762 SLF 52811 b

1corrections or incarceration employment, educational, or
2substance or alcohol abuse supportive re-entry services to
4    (730 ILCS 140/2)  (from Ch. 38, par. 1582)
5    Sec. 2. Legislative findings. The General Assembly hereby
6finds and declares that the management and operation of a
7correctional facility or institution and supervision of
8offenders in the community involves functions that are
9inherently governmental. The imposition of punishment on
10errant citizens through incarceration or community
11correctional supervision requires the State, any unit of local
12government or a county sheriff, to exercise its coercive police
13powers over individuals and is thus distinguishable from
14privatization in other areas of government. It is further found
15that issues of liability, accountability and cost warrant a
16prohibition of the ownership, operation or management of
17correctional facilities and community correctional supervision
18by for-profit private contractors.
19(Source: P.A. 97-380, eff. 1-1-12.)
20    (730 ILCS 140/3)  (from Ch. 38, par. 1583)
21    Sec. 3. Certain contracts prohibited. After the effective
22date of this Act, the State, any unit of local government, or a
23county sheriff, shall not contract with a private contractor or
24private vendor for the provision of services relating to



HB2040- 3 -LRB101 07762 SLF 52811 b

1community correctional supervision, the operation of a
2correctional facility, or the incarceration of persons in the
3custody of the Department of Corrections, the Department of
4Juvenile Justice, or a sheriff; however, this Act does not
5apply to (1) State work release centers or juvenile residential
6facilities that provide separate care or special treatment
7operated in whole or part by non-profit private contractors or
8(2) contracts for ancillary services, including medical
9services, educational services, electronic monitoring
10services, repair and maintenance contracts, or other services
11not directly related to the ownership, management, or operation
12of security services in a correctional facility or for
13community correctional supervision.
14(Source: P.A. 97-380, eff. 1-1-12.)