Public Act 094-0494
 
HB0920 Enrolled LRB094 05144 RLC 35184 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The County Jail Act is amended by changing
Section 17 as follows:
 
    (730 ILCS 125/17)  (from Ch. 75, par. 117)
    Sec. 17. Bedding, clothing, fuel, and medical aid;
reimbursement for medical or hospital expenses. The Warden of
the jail shall furnish necessary bedding, clothing, fuel and
medical aid for all prisoners under his charge, and keep an
accurate account of the same. When medical or hospital services
are required by any person held in custody, the county, private
hospital, physician or any public agency which provides such
services shall be entitled to obtain reimbursement from the
county or from the Arrestee's Medical Costs Fund to the extent
that moneys in the Fund are available for the cost of such
services. The county board of a county may adopt an ordinance
or resolution providing for reimbursement for the cost of those
services at the Department of Public Aid's rates for medical
assistance. To the extent that such person is reasonably able
to pay for such care, including reimbursement from any
insurance program or from other medical benefit programs
available to such person, he or she shall reimburse the county
or arresting authority. If such person has already been
determined eligible for medical assistance under The Illinois
Public Aid Code at the time the person is initially detained
pending trial, the cost of such services, to the extent such
cost exceeds $500 $2,500, shall be reimbursed by the Department
of Public Aid under that Code. A reimbursement under any public
or private program authorized by this Section shall be paid to
the county or arresting authority to the same extent as would
have been obtained had the services been rendered in a
non-custodial environment.
    An arresting authority shall be responsible for any
incurred medical expenses relating to the arrestee until such
time as the arrestee is placed in the custody of the sheriff.
However, the arresting authority shall not be so responsible if
the arrest was made pursuant to a request by the sheriff. When
medical or hospital services are required by any person held in
custody, the county or arresting authority shall be entitled to
obtain reimbursement from the Arrestee's Medical Costs Fund to
the extent moneys are available from the Fund. To the extent
that the person is reasonably able to pay for that care,
including reimbursement from any insurance program or from
other medical benefit programs available to the person, he or
she shall reimburse the county.
    The county shall be entitled to a $10 fee for each
conviction or order of supervision for a criminal violation,
other than a petty offense or business offense. The fee shall
be taxed as costs to be collected from the defendant, if
possible, upon conviction or entry of an order of supervision.
The fee shall not be considered a part of the fine for purposes
of any reduction in the fine.
    All such fees collected shall be deposited by the county in
a fund to be established and known as the Arrestee's Medical
Costs Fund. Moneys in the Fund shall be used solely for
reimbursement of costs for medical expenses relating to the
arrestee while he or she is in the custody of the sheriff and
administration of the Fund.
    For the purposes of this Section, "arresting authority"
means a unit of local government, other than a county, which
employs peace officers and whose peace officers have made the
arrest of a person. For the purposes of this Section, "medical
expenses relating to the arrestee" means only those expenses
incurred for medical care or treatment provided to an arrestee
on account of an injury suffered by the arrestee during the
course of his arrest; the term does not include any expenses
incurred for medical care or treatment provided to an arrestee
on account of a health condition of the arrestee which existed
prior to the time of his arrest.
(Source: P.A. 89-654, eff. 8-14-96; 89-676, 8-14-96; 90-14,
eff. 7-1-97.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.