Bill Text: IL HB2590 | 2011-2012 | 97th General Assembly | Chaptered
Bill Title: Amends the Unified Code of Corrections. Makes a technical change in a Section concerning the Department of Juvenile Justice.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-08-15 - Public Act . . . . . . . . . 97-0380 [HB2590 Detail]
Download: Illinois-2011-HB2590-Chaptered.html
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Public Act 097-0380 | ||||
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AN ACT concerning corrections.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Private Correctional Facility Moratorium | ||||
Act is amended by changing Sections 2 and 3 as follows:
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(730 ILCS 140/2) (from Ch. 38, par. 1582)
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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.
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(Source: P.A. 86-1412.)
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(730 ILCS 140/3) (from Ch. 38, par. 1583)
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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
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correctional facility.
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(Source: P.A. 94-696, eff. 6-1-06 .)
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