95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0633


 
Introduced 2/6/2007, by Rep. Thomas Holbrook
 
SYNOPSIS AS INTRODUCED:
 		














730 ILCS 125/17
  from Ch. 75, par. 117







    Amends the County Jail Act.   Provides that if a person confined in a county jail is in need of medical services and is determined eligible for medical assistance under the Illinois Public
Aid Code at the time the person is detained (rather than 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, shall be
reimbursed by the Department of Healthcare and Family Services under that Code.  Provides that 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 unless the arrestee is eligible for medical assistance under the Illinois Public Aid Code or reimbursement under an authorized public or private program.
















LRB095 06226 RLC 26320 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB0633

LRB095 06226 RLC 26320 b






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
rates for medical
assistance.
 To the extent that such person
is 
21
reasonably able to pay for such care, including reimbursement 
22
from any
insurance program or from other medical benefit 
23
programs available to such
person, he or she shall reimburse 
 


 






HB0633
- 2 -
LRB095 06226 RLC 26320 b




1
the county or arresting authority.
If such person is
has 
2
already
been determined eligible for medical assistance under 
3
the Illinois Public
Aid Code at the time the person is 
4
initially detained pending trial,
the
cost of such services, to 
5
the extent such cost exceeds $500, shall be
reimbursed by the 
6
Department of Healthcare and Family Services under that Code.  A 
7
reimbursement
under any public or private program authorized by 
8
this Section shall be
paid to the county or arresting authority 
9
to the
same extent as would have been obtained had the services 
10
been rendered in
a non-custodial environment.

11
    Unless the arrestee is eligible for medical assistance 
12
under the Illinois Public Aid Code or reimbursement under a 
13
public or private program authorized by this Section, an
An

14
arresting authority shall be responsible for any incurred 
15
medical
expenses relating to the arrestee until such time as 
16
the arrestee is placed
in the custody of the sheriff.  However, 
17
the arresting authority shall not
be so responsible if the 
18
arrest was made pursuant to a request by the sheriff.
 When 
19
medical or hospital services are required by any person held in 
20
custody,
the county or arresting authority shall be entitled to 
21
obtain reimbursement
from the
Arrestee's
Medical Costs Fund to 
22
the extent moneys are available from the Fund.  To the
extent 
23
that the person is reasonably able to pay
for that care, 
24
including reimbursement from any insurance program or from 
25
other
medical benefit programs available to the person, he or 
26
she shall reimburse the
county.

 


 






HB0633
- 3 -
LRB095 06226 RLC 26320 b




1
    The county shall be entitled to a $10 fee for each 
2
conviction or order of
supervision for a criminal violation, 
3
other than a petty offense or business
offense.  The fee shall 
4
be taxed as costs to be
collected from the defendant, if 
5
possible, upon conviction or entry of an order
of supervision.  
6
The fee shall not be considered a part of the fine for
purposes 
7
of any reduction in the fine.

8
    All such fees collected shall be deposited by the county in 
9
a fund to be
established and known as the Arrestee's Medical 
10
Costs Fund.  Moneys in the Fund
shall be used solely for 
11
reimbursement of costs for medical expenses relating
to the 
12
arrestee while he or she is in the custody of the sheriff and 
13
administration of the Fund.

14
    For the purposes of this Section, "arresting authority" 
15
means a unit of
local government, other than a county, which 
16
employs peace officers and
whose peace officers have made the 
17
arrest of a person.  For the purposes
of this Section, "medical 
18
expenses relating to the
arrestee" means only those expenses 
19
incurred for medical care or treatment
provided to an arrestee 
20
on account of an injury suffered by the arrestee

during the 
21
course of his or her arrest unless such injury is 
22
self-inflicted; the term does not include any expenses
incurred 
23
for medical care or treatment provided to an arrestee on 
24
account
of a health condition of the arrestee which existed 
25
prior to the time of his
or her arrest.

26
(Source: P.A. 94-494, eff. 8-8-05; 94-962, eff. 1-1-07.)