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