|
|
|||||||
| |||||||
| |||||||
| 1 | AN ACT concerning criminal law.
| ||||||
| 2 | Be it enacted by the People of the State of Illinois,
| ||||||
| 3 | represented in the General Assembly:
| ||||||
| 4 | Section 5. The County Jail Act is amended by changing | ||||||
| 5 | Section 17 as follows:
| ||||||
| 6 | (730 ILCS 125/17) (from Ch. 75, par. 117)
| ||||||
| 7 | Sec. 17. Bedding, clothing, fuel, and medical aid; | ||||||
| 8 | reimbursement for medical
or hospital expenses. The Warden of | ||||||
| 9 | the jail shall furnish necessary bedding,
clothing,
fuel and | ||||||
| 10 | medical aid for all prisoners under his charge, and keep an | ||||||
| 11 | accurate
account of the same. When medical or hospital services | ||||||
| 12 | are required by any
person held
in custody, the county, private | ||||||
| 13 | hospital,
physician or any public agency
which provides such | ||||||
| 14 | services shall be entitled to obtain reimbursement from
the | ||||||
| 15 | county or from the Arrestee's Medical Costs Fund to the extent | ||||||
| 16 | that moneys
in the Fund are available for the cost of such | ||||||
| 17 | services. The county board of a
county may
adopt an ordinance | ||||||
| 18 | or resolution providing for reimbursement for the cost of
those | ||||||
| 19 | services at the Department of Healthcare and Family Services'
| ||||||
| 20 | Public Aid's rates for medical
assistance.
To the extent that | ||||||
| 21 | such person
is reasonably able to pay for such care, including | ||||||
| 22 | reimbursement from any
insurance program or from other medical | ||||||
| 23 | benefit programs available to such
person, he or she shall | ||||||
| 24 | reimburse the county or arresting authority.
If such person
has | ||||||
| 25 | already
been determined eligible for medical assistance under | ||||||
| 26 | the Illinois Public
Aid Code at the time the person is | ||||||
| 27 | initially detained pending trial,
the
cost of such services, to | ||||||
| 28 | the extent such cost exceeds $500, shall be
reimbursed by the | ||||||
| 29 | Department of Healthcare and Family Services
Public Aid under | ||||||
| 30 | that Code. A reimbursement
under any public or private program | ||||||
| 31 | authorized by this Section shall be
paid to the county or | ||||||
| 32 | arresting authority to the
same extent as would have been | ||||||
| |||||||
| |||||||
| 1 | obtained had the services been rendered in
a non-custodial | ||||||
| 2 | environment.
| ||||||
| 3 | An arresting authority shall be responsible for any | ||||||
| 4 | incurred medical
expenses relating to the arrestee until such | ||||||
| 5 | time as the arrestee is placed
in the custody of the sheriff. | ||||||
| 6 | However, the arresting authority shall not
be so responsible if | ||||||
| 7 | the arrest was made pursuant to a request by the sheriff.
When | ||||||
| 8 | medical or hospital services are required by any person held in | ||||||
| 9 | custody,
the county or arresting authority shall be entitled to | ||||||
| 10 | obtain reimbursement
from the
Arrestee's
Medical Costs Fund to | ||||||
| 11 | the extent moneys are available from the Fund. To the
extent | ||||||
| 12 | that the person is reasonably able to pay
for that care, | ||||||
| 13 | including reimbursement from any insurance program or from | ||||||
| 14 | other
medical benefit programs available to the person, he or | ||||||
| 15 | she shall reimburse the
county.
| ||||||
| 16 | The county shall be entitled to a $10 fee for each | ||||||
| 17 | conviction or order of
supervision for a criminal violation, | ||||||
| 18 | other than a petty offense or business
offense. The fee shall | ||||||
| 19 | be taxed as costs to be
collected from the defendant, if | ||||||
| 20 | possible, upon conviction or entry of an order
of supervision. | ||||||
| 21 | The fee shall not be considered a part of the fine for
purposes | ||||||
| 22 | of any reduction in the fine.
| ||||||
| 23 | All such fees collected shall be deposited by the county in | ||||||
| 24 | a fund to be
established and known as the Arrestee's Medical | ||||||
| 25 | Costs Fund. Moneys in the Fund
shall be used solely for | ||||||
| 26 | reimbursement of costs for medical expenses relating
to the | ||||||
| 27 | arrestee while he or she is in the custody of the sheriff and | ||||||
| 28 | administration of the Fund.
| ||||||
| 29 | For the purposes of this Section, "arresting authority" | ||||||
| 30 | means a unit of
local government, other than a county, which | ||||||
| 31 | employs peace officers and
whose peace officers have made the | ||||||
| 32 | arrest of a person. For the purposes
of this Section, "medical | ||||||
| 33 | expenses relating to the
arrestee" means only those expenses | ||||||
| 34 | incurred for medical care or treatment
provided to an arrestee | ||||||
| 35 | on account of an injury suffered by the arrestee
during the | ||||||
| 36 | course of his or her arrest unless such injury is | ||||||
| |||||||
| |||||||
| 1 | self-inflicted; the term does not include any expenses
incurred | ||||||
| 2 | for medical care or treatment provided to an arrestee on | ||||||
| 3 | account
of a health condition of the arrestee which existed | ||||||
| 4 | prior to the time of his
or her arrest.
| ||||||
| 5 | (Source: P.A. 94-494, eff. 8-8-05; revised 12-15-05.)
| ||||||