Illinois General Assembly - Full Text of HB2590
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Full Text of HB2590  97th General Assembly


Rep. Mike Bost

Filed: 3/17/2011





09700HB2590ham001LRB097 07371 RLC 53268 a


2    AMENDMENT NO. ______. Amend House Bill 2590 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Private Correctional Facility Moratorium
5Act is amended by changing Sections 2 and 3 as follows:
6    (730 ILCS 140/2)  (from Ch. 38, par. 1582)
7    Sec. 2. Legislative findings. The General Assembly hereby
8finds and declares that the management and operation of a
9correctional facility or institution involves functions that
10are inherently governmental. The imposition of punishment on
11errant citizens through incarceration requires the State, any
12unit of local government or a county sheriff, to exercise its
13coercive police powers over individuals and is thus
14distinguishable from privatization in other areas of
15government. It is further found that issues of liability,
16accountability and cost warrant a prohibition of the ownership,



09700HB2590ham001- 2 -LRB097 07371 RLC 53268 a

1operation or management of correctional facilities by
2for-profit private contractors.
3(Source: P.A. 86-1412.)
4    (730 ILCS 140/3)  (from Ch. 38, par. 1583)
5    Sec. 3. Certain contracts prohibited. After the effective
6date of this Act, the State, any unit of local government, or a
7county sheriff, shall not contract with a private contractor or
8private vendor for the provision of services relating to the
9operation of a correctional facility or the incarceration of
10persons in the custody of the Department of Corrections, or of
11the Department of Juvenile Justice, or a sheriff; however, this
12Act does not apply to (1) State work release centers or
13juvenile residential facilities that provide separate care or
14special treatment operated in whole or part by private
15contractors or (2) contracts for ancillary services, including
16medical services, educational services, repair and maintenance
17contracts, or other services not directly related to the
18ownership, management or operation of security services in a
19correctional facility.
20(Source: P.A. 94-696, eff. 6-1-06.)".