Full Text of SB1965 95th General Assembly
SB1965enr 95TH GENERAL ASSEMBLY
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SB1965 Enrolled |
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LRB095 18242 RLC 44326 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 | 5 |
| 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; | 8 |
| reimbursement for medical
or hospital expenses. The Warden of | 9 |
| the jail shall furnish necessary bedding,
clothing,
fuel , and | 10 |
| medical services aid for all prisoners under his charge, and | 11 |
| keep an accurate
account of the same. When services that result | 12 |
| in qualified medical expenses
or hospital services are required | 13 |
| by any
person held
in custody, the county, private hospital,
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| physician or any public agency
which provides such services | 15 |
| shall be entitled to obtain reimbursement from
the county or | 16 |
| from the Arrestee's Medical Costs Fund to the extent that | 17 |
| moneys
in the Fund are available for the cost of such services. | 18 |
| The county board of a
county may
adopt an ordinance or | 19 |
| resolution providing for reimbursement for the cost of
those | 20 |
| services at the Department of Healthcare and Family Services' | 21 |
| rates for medical
assistance.
To the extent that such person
is | 22 |
| reasonably able to pay for such care, including reimbursement | 23 |
| from any
insurance program or from other medical benefit |
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| programs available to such
person, he or she shall reimburse | 2 |
| the county or arresting authority.
If such person
has already
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| been determined eligible for medical assistance under the | 4 |
| Illinois Public
Aid Code at the time the person is initially | 5 |
| detained pending trial ,
the
cost of such services, to the | 6 |
| extent such cost exceeds $500, shall be
reimbursed by the | 7 |
| Department of Healthcare and Family Services under that Code. A | 8 |
| reimbursement
under any public or private program authorized by | 9 |
| this Section shall be
paid to the county or arresting authority | 10 |
| to the
same extent as would have been obtained had the services | 11 |
| been rendered in
a non-custodial environment.
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| The sheriff or his or her designee may cause an application | 13 |
| for medical assistance under the Illinois Public Aid Code to be | 14 |
| completed for an arrestee who is a hospital inpatient. If such | 15 |
| arrestee is determined eligible, he or she shall receive | 16 |
| medical assistance under the Code for hospital inpatient | 17 |
| services only. An arresting authority shall be responsible for | 18 |
| any incurred medical
expenses relating to the arrestee until | 19 |
| such time as the arrestee is placed
in the custody of the | 20 |
| sheriff. However, the arresting authority shall not
be so | 21 |
| responsible if the arrest was made pursuant to a request by the | 22 |
| sheriff.
When medical expenses
or hospital services
are | 23 |
| required by any person held in custody,
the county or arresting | 24 |
| authority shall be entitled to obtain reimbursement
from the
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| County Jail Arrestee's
Medical Costs Fund to the extent moneys | 26 |
| are available from the Fund. To the
extent that the person is |
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| reasonably able to pay
for that care, including reimbursement | 2 |
| from any insurance program or from other
medical benefit | 3 |
| programs available to the person, he or she shall reimburse the
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| county.
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| The county shall be entitled to a $10 fee for each | 6 |
| conviction or order of
supervision for a criminal violation, | 7 |
| other than a petty offense or business
offense. The fee shall | 8 |
| be taxed as costs to be
collected from the defendant, if | 9 |
| possible, upon conviction or entry of an order
of supervision. | 10 |
| The fee shall not be considered a part of the fine for
purposes | 11 |
| of any reduction in the fine.
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| All such fees collected shall be deposited by the county in | 13 |
| a fund to be
established and known as the County Jail | 14 |
| Arrestee's Medical Costs Fund. Moneys in the Fund
shall be used | 15 |
| solely for reimbursement to the county of costs for medical | 16 |
| expenses relating
to the arrestee while he or she is in the | 17 |
| custody of the sheriff and administration of the Fund.
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| For the purposes of this Section, "arresting authority" | 19 |
| means a unit of
local government, other than a county, which | 20 |
| employs peace officers and
whose peace officers have made the | 21 |
| arrest of a person. For the purposes
of this Section, | 22 |
| " qualified medical expenses relating to the
arrestee " include | 23 |
| medical and hospital services but do not include (i)
means only | 24 |
| those expenses incurred for medical care or treatment
provided | 25 |
| to a person an arrestee on account of a self-inflicted
an | 26 |
| injury incurred prior to or in the course of an arrest, (ii) |
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| expenses
suffered by the arrestee
during the course of his or | 2 |
| her arrest unless such injury is self-inflicted; the term does | 3 |
| not include any expenses
incurred for medical care or treatment | 4 |
| provided to a person an arrestee on account
of a health | 5 |
| condition of that person the arrestee which existed prior to | 6 |
| the time of his
or her arrest , or (iii) expenses for hospital | 7 |
| inpatient services for arrestees enrolled for medical | 8 |
| assistance under the Illinois Public Aid Code .
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| (Source: P.A. 94-494, eff. 8-8-05; 94-962, eff. 1-1-07.)
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| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.
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