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HB0920 Engrossed |
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LRB094 05144 RLC 35184 b |
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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 5. The County Jail Act is amended by changing |
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| Section 17 as follows:
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| (730 ILCS 125/17) (from Ch. 75, par. 117)
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| Sec. 17. Bedding, clothing, fuel, and medical aid; |
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| reimbursement for medical
or hospital expenses. The Warden of |
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| the jail shall furnish necessary bedding,
clothing,
fuel and |
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| medical aid for all prisoners under his charge, and keep an |
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| accurate
account of the same. When medical or hospital services |
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| are required by any
person held
in custody, the county, private |
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| hospital,
physician or any public agency
which provides such |
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| services shall be entitled to obtain reimbursement from
the |
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| county or from the Arrestee's Medical Costs Fund to the extent |
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| that moneys
in the Fund are available for the cost of such |
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| services. The county board of a
county may
adopt an ordinance |
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| or resolution providing for reimbursement for the cost of
those |
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| services at the Department of Public Aid's rates for medical
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| assistance.
To the extent that such person
is reasonably able |
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| to pay for such care, including reimbursement from any
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| insurance program or from other medical benefit programs |
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| available to such
person, he or she shall reimburse the county |
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| or arresting authority.
If such person has already
been |
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| determined eligible for medical assistance under The Illinois |
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| Public
Aid Code at the time the person is initially detained |
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| pending trial,
the
cost of such services, to the extent such |
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| cost exceeds $500
$2,500, shall be
reimbursed by the Department |
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| of Public Aid under that Code. A reimbursement
under any public |
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| or private program authorized by this Section shall be
paid to |
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| the county or arresting authority to the
same extent as would |
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| have been obtained had the services been rendered in
a |
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HB0920 Engrossed |
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LRB094 05144 RLC 35184 b |
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| non-custodial environment.
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| An arresting authority shall be responsible for any |
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| incurred medical
expenses relating to the arrestee until such |
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| time as the arrestee is placed
in the custody of the sheriff. |
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| However, the arresting authority shall not
be so responsible if |
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| the arrest was made pursuant to a request by the sheriff.
When |
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| medical or hospital services are required by any person held in |
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| custody,
the county or arresting authority shall be entitled to |
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| obtain reimbursement
from the
Arrestee's
Medical Costs Fund to |
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| the extent moneys are available from the Fund. To the
extent |
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| that the person is reasonably able to pay
for that care, |
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| including reimbursement from any insurance program or from |
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| other
medical benefit programs available to the person, he or |
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| she shall reimburse the
county.
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| The county shall be entitled to a $10 fee for each |
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| conviction or order of
supervision for a criminal violation, |
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| other than a petty offense or business
offense. The fee shall |
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| be taxed as costs to be
collected from the defendant, if |
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| possible, upon conviction or entry of an order
of supervision. |
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| The fee shall not be considered a part of the fine for
purposes |
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| of any reduction in the fine.
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| All such fees collected shall be deposited by the county in |
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| a fund to be
established and known as the Arrestee's Medical |
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| Costs Fund. Moneys in the Fund
shall be used solely for |
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| reimbursement of costs for medical expenses relating
to the |
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| arrestee while he or she is in the custody of the sheriff and |
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| administration of the Fund.
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| For the purposes of this Section, "arresting authority" |
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| means a unit of
local government, other than a county, which |
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| employs peace officers and
whose peace officers have made the |
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| arrest of a person. For the purposes
of this Section, "medical |
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| expenses relating to the
arrestee" means only those expenses |
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| incurred for medical care or treatment
provided to an arrestee |
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| on account of an injury suffered by the arrestee
during the |
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| course of his arrest; the term does not include any expenses
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| incurred for medical care or treatment provided to an arrestee |