HB 2040

Abstract

Amends the Private Correctional Facility Moratorium Act. Changes the title of the Act to the For-Profit Corrections Prohibition Act. Defines "non-profit contractor", private company", "private vendor", "private contractor", and "work release center". Provides that 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 community correctional supervision. Provides that the Act does not apply to State work release centers or juvenile residential facilities that provide separate care or special treatment operated in whole or part by non-profit (rather than private) contractors. Adds to exempted contracts for ancillary services contracts for electronic monitoring services. House Committee Amendment No. 2 Deletes reference to: 730 ILCS 140/1 730 ILCS 140/1.5 new 730 ILCS 140/2 730 ILCS 140/3 Adds reference to: New Act Replaces everything after the enacting clause. Creates the Private Detention Facility Moratorium Act. 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 related to the detention of individuals in a detention facility owned, managed, or operated in whole or in part by a private entity or person; (2) pay, reimburse, subsidize, or defray in any way any costs related to the sale, purchase, construction, development, ownership, management, or operation, in whole or in part, of any detention facility by any private entity or person; (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 any private entity or person; 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 any detention facility. Provides exemptions. Effective immediately. House Floor Amendment No. 3 Replaces everything after the enacting clause. 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.