Bill Text: IL HB2040 | 2019-2020 | 101st General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of House Amendment No. 2 with changes. Provides that neither the State, nor any unit of local government, any county Sheriff, or any agency, officer, employee, or agent thereof, shall: (1) enter into an agreement of any kind for the detention of individuals in a detention facility owned, managed, or operated, in whole or in part, by a private entity; (2) pay, reimburse, subsidize, or defray in any way any costs related to the sale, purchase, construction, development, ownership, management, or operation of a detention facility that is or will be owned, managed, or operated, in whole or in part, by a private entity; (3) receive per diem, per detainee, or any other payment related to the detention of individuals in a detention facility owned, managed, or operated, in whole or in part, by a private entity; or (4) otherwise give any financial incentive or benefit to any private entity or person in connection with the sale, purchase, construction, development, ownership, management, or operation of a detention facility that is or will be owned, managed, or operated, in whole or in part, by a private entity. Makes other technical changes. Effective immediately.
Spectrum: Partisan Bill (Democrat 64-1)
Status: (Passed) 2019-06-21 - Public Act . . . . . . . . . 101-0020 [HB2040 Detail]
Download: Illinois-2019-HB2040-Engrossed.html
Bill Title: Reinserts the provisions of House Amendment No. 2 with changes. Provides that neither the State, nor any unit of local government, any county Sheriff, or any agency, officer, employee, or agent thereof, shall: (1) enter into an agreement of any kind for the detention of individuals in a detention facility owned, managed, or operated, in whole or in part, by a private entity; (2) pay, reimburse, subsidize, or defray in any way any costs related to the sale, purchase, construction, development, ownership, management, or operation of a detention facility that is or will be owned, managed, or operated, in whole or in part, by a private entity; (3) receive per diem, per detainee, or any other payment related to the detention of individuals in a detention facility owned, managed, or operated, in whole or in part, by a private entity; or (4) otherwise give any financial incentive or benefit to any private entity or person in connection with the sale, purchase, construction, development, ownership, management, or operation of a detention facility that is or will be owned, managed, or operated, in whole or in part, by a private entity. Makes other technical changes. Effective immediately.
Spectrum: Partisan Bill (Democrat 64-1)
Status: (Passed) 2019-06-21 - Public Act . . . . . . . . . 101-0020 [HB2040 Detail]
Download: Illinois-2019-HB2040-Engrossed.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | Private Detention Facility Moratorium Act.
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6 | Section 5. Legislative findings. The General Assembly | ||||||
7 | hereby finds and declares that the management and operation of | ||||||
8 | any detention facility involves functions that are inherently | ||||||
9 | governmental. Detention requires the exercise of coercive | ||||||
10 | police powers over individuals that should not be delegated to | ||||||
11 | the private sector and is distinguishable from privatization in | ||||||
12 | other areas of government. It is further found that issues of | ||||||
13 | liability, accountability, and cost warrant a prohibition of | ||||||
14 | the ownership, operation, or management of detention | ||||||
15 | facilities by private contractors within the State to the | ||||||
16 | fullest extent permitted under State law.
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17 | Section 10. Definitions. In this Act: | ||||||
18 | "Detention facility" means any building, facility, or | ||||||
19 | structure used to detain individuals, not including State work | ||||||
20 | release centers or juvenile or adult residential treatment | ||||||
21 | facilities.
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1 | Section 15. Certain agreements and incentives prohibited. | ||||||
2 | Neither the State, nor any unit of local government, any county | ||||||
3 | sheriff, or any agency, officer, employee, or agent thereof, | ||||||
4 | shall: | ||||||
5 | (1) enter into an agreement of any kind for the detention | ||||||
6 | of individuals in a detention facility owned, managed, or | ||||||
7 | operated, in whole or in part, by a private entity; | ||||||
8 | (2) pay, reimburse, subsidize, or defray in any way any | ||||||
9 | costs related to the sale, purchase, construction, | ||||||
10 | development, ownership, management, or operation of a | ||||||
11 | detention facility that is or will be owned, managed, or | ||||||
12 | operated, in whole or in part, by a private entity; | ||||||
13 | (3) receive per diem, per detainee, or any other payment | ||||||
14 | related to the detention of individuals in a detention facility | ||||||
15 | owned, managed, or operated, in whole or in part, by a private | ||||||
16 | entity; or | ||||||
17 | (4) otherwise give any financial incentive or benefit to | ||||||
18 | any private entity or person in connection with the sale, | ||||||
19 | purchase, construction, development, ownership, management, or | ||||||
20 | operation of a detention facility that is or will be owned, | ||||||
21 | managed, or operated, in whole or in part, by a private entity.
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22 | Section 20. Exemptions. This Act does not prohibit the | ||||||
23 | State, a unit of local government, or any sheriff that owns, | ||||||
24 | manages, or operates a detention facility from contracting with | ||||||
25 | a private entity or person to provide ancillary services in |
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1 | that facility, such as, medical services, food service, | ||||||
2 | educational services, or facility repair and maintenance.
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3 | Section 25. Applicability. In case of any conflict between | ||||||
4 | this Act and any other law, this Act shall control.
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5 | Section 997. Severability. The provisions of this Act are | ||||||
6 | severable under Section 1.31 of the Statute on Statutes.
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7 | Section 999. Effective date. This Act takes effect upon | ||||||
8 | becoming law.
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