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


Rep. Kelly M. Cassidy

Filed: 3/27/2019





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2    AMENDMENT NO. ______. Amend House Bill 2040, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 1. Short title. This Act may be cited as the
6Private Detention Facility Moratorium Act.
7    Section 5. Legislative findings. The General Assembly
8hereby finds and declares that the management and operation of
9any detention facility involves functions that are inherently
10governmental. Detention requires the exercise of coercive
11police powers over individuals that should not be delegated to
12the private sector and is distinguishable from privatization in
13other areas of government. It is further found that issues of
14liability, accountability, and cost warrant a prohibition of
15the ownership, operation, or management of detention
16facilities by private contractors within the State to the



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1fullest extent permitted under State law.
2    Section 10. Definitions. In this Act:
3    "Detention facility" means any building, facility, or
4structure used to detain individuals, not including State work
5release centers or juvenile or adult residential treatment
7    Section 15. Certain agreements and incentives prohibited.
8Neither the State, nor any unit of local government, any county
9sheriff, or any agency, officer, employee, or agent thereof,
11    (1) enter into an agreement of any kind for the detention
12of individuals in a detention facility owned, managed, or
13operated, in whole or in part, by a private entity;
14    (2) pay, reimburse, subsidize, or defray in any way any
15costs related to the sale, purchase, construction,
16development, ownership, management, or operation of a
17detention facility that is or will be owned, managed, or
18operated, in whole or in part, by a private entity;
19    (3) receive per diem, per detainee, or any other payment
20related to the detention of individuals in a detention facility
21owned, managed, or operated, in whole or in part, by a private
22entity; or
23    (4) otherwise give any financial incentive or benefit to
24any private entity or person in connection with the sale,



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1purchase, construction, development, ownership, management, or
2operation of a detention facility that is or will be owned,
3managed, or operated, in whole or in part, by a private entity.
4    Section 20. Exemptions. This Act does not prohibit the
5State, a unit of local government, or any sheriff that owns,
6manages, or operates a detention facility from contracting with
7a private entity or person to provide ancillary services in
8that facility, such as, medical services, food service,
9educational services, or facility repair and maintenance.
10    Section 25. Applicability. In case of any conflict between
11this Act and any other law, this Act shall control.
12    Section 997. Severability. The provisions of this Act are
13severable under Section 1.31 of the Statute on Statutes.
14    Section 999. Effective date. This Act takes effect upon
15becoming law.".