Illinois General Assembly - Full Text of HB2040
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Full Text of HB2040  101st General Assembly




HB2040 EnrolledLRB101 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 1. Short title. This Act may be cited as the
5Private Detention Facility Moratorium Act.
6    Section 5. Legislative findings. The General Assembly
7hereby finds and declares that the management and operation of
8any detention facility involves functions that are inherently
9governmental. Detention requires the exercise of coercive
10police powers over individuals that should not be delegated to
11the private sector and is distinguishable from privatization in
12other areas of government. It is further found that issues of
13liability, accountability, and cost warrant a prohibition of
14the ownership, operation, or management of detention
15facilities by private contractors within the State to the
16fullest extent permitted under State law.
17    Section 10. Definitions. In this Act:
18    "Detention facility" means any building, facility, or
19structure used to detain individuals, not including State work
20release centers or juvenile or adult residential treatment



HB2040 Enrolled- 2 -LRB101 07762 SLF 52811 b

1    Section 15. Certain agreements and incentives prohibited.
2Neither the State, nor any unit of local government, any county
3sheriff, or any agency, officer, employee, or agent thereof,
5    (1) enter into an agreement of any kind for the detention
6of individuals in a detention facility owned, managed, or
7operated, in whole or in part, by a private entity;
8    (2) pay, reimburse, subsidize, or defray in any way any
9costs related to the sale, purchase, construction,
10development, ownership, management, or operation of a
11detention facility that is or will be owned, managed, or
12operated, in whole or in part, by a private entity;
13    (3) receive per diem, per detainee, or any other payment
14related to the detention of individuals in a detention facility
15owned, managed, or operated, in whole or in part, by a private
16entity; or
17    (4) otherwise give any financial incentive or benefit to
18any private entity or person in connection with the sale,
19purchase, construction, development, ownership, management, or
20operation of a detention facility that is or will be owned,
21managed, or operated, in whole or in part, by a private entity.
22    Section 20. Exemptions. This Act does not prohibit the
23State, a unit of local government, or any sheriff that owns,
24manages, or operates a detention facility from contracting with
25a private entity or person to provide ancillary services in



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1that facility, such as, medical services, food service,
2educational services, or facility repair and maintenance.
3    Section 25. Applicability. In case of any conflict between
4this Act and any other law, this Act shall control.
5    Section 997. Severability. The provisions of this Act are
6severable under Section 1.31 of the Statute on Statutes.
7    Section 999. Effective date. This Act takes effect upon
8becoming law.