HB3614 94TH GENERAL ASSEMBLY

LRB094 06852 AJO 36958 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3614

Introduced 2/24/2005, by Rep. Brandon W. Phelps

SYNOPSIS AS INTRODUCED:

730 ILCS 125/20

from Ch. 75, par. 120

Amends the County Jail Act. Provides that, with respect to medical and other health care needs of prisoners, providers of goods and services shall be paid at the prevailing rate of reimbursement under the medical assistance program under the Illinois Public Aid Code.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

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 20 as follows:

(730 ILCS 125/20) (from Ch. 75, par. 120)

Sec. 20. Cost and expense; commissary fund.

(a) The cost and expense of keeping, maintaining and furnishing the jail of each county, and of keeping and maintaining the prisoner thereof, except as otherwise provided by law, shall be paid from the county treasury, the account therefor being first settled and allowed by the county board. With respect to medical and other health care needs of prisoners, providers of goods and services shall be paid at the prevailing rate of reimbursement under the medical assistance program under Article V of the Illinois Public Aid Code.

The county board may require convicted persons confined in its jail to reimburse the county for the expenses incurred by their incarceration to the extent of their ability to pay for such expenses. The warden of the jail shall establish by regulation criteria for a reasonable deduction from money credited to any account of an inmate to defray the costs to the county for an inmate's medical care. The State's Attorney of the county in which such jail is located may, if requested by the County Board, institute civil actions in the circuit court of the county in which the jail is located to recover from such convicted confined persons the expenses incurred by their confinement. The funds recovered shall be paid into the county treasury.

(b) When a prisoner is released from the county jail after the completion of his or her sentence and has money credited to his or her account in the commissary fund, the sheriff or a person acting on the authority of the sheriff must mail a check in the amount credited to the prisoner's account to the prisoner's last known address. If after 30 days from the date of mailing of the check, the check is returned undelivered, the sheriff must transmit the amount of the check to the county treasurer for deposit into the commissary fund. Nothing in this subsection (b) constitutes a forfeiture of the prisoner's right to claim the money accredited to his or her account after the 30-day period.

(Source: P.A. 91-288, eff. 1-1-00.)