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| Public Act 101-0020 | ||||
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AN ACT concerning criminal law.
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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 1. Short title. This Act may be cited as the | ||||
Private Detention Facility Moratorium Act. | ||||
Section 5. Legislative findings. The General Assembly | ||||
hereby finds and declares that the management and operation of | ||||
any detention facility involves functions that are inherently | ||||
governmental. Detention requires the exercise of coercive | ||||
police powers over individuals that should not be delegated to | ||||
the private sector and is 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 detention | ||||
facilities by private contractors within the State to the | ||||
fullest extent permitted under State law. | ||||
Section 10. Definitions. In this Act: | ||||
"Detention facility" means any building, facility, or | ||||
structure used to detain individuals, not including State work | ||||
release centers or juvenile or adult residential treatment | ||||
facilities. | ||||
Section 15. Certain agreements and incentives prohibited. | ||
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. | ||
Section 20. Exemptions. This Act does not prohibit the | ||
State, a unit of local government, or any sheriff that owns, | ||
manages, or operates a detention facility from contracting with | ||
a private entity or person to provide ancillary services in | ||
that facility, such as, medical services, food service, | ||
educational services, or facility repair and maintenance. | ||
Section 25. Applicability. In case of any conflict between | ||
this Act and any other law, this Act shall control. | ||
Section 997. Severability. The provisions of this Act are | ||
severable under Section 1.31 of the Statute on Statutes.
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Section 999. Effective date. This Act takes effect upon | ||
becoming law.
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