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| Public Act 095-0842 |
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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 | ||||
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; | ||||
reimbursement for medical
or hospital expenses. The Warden of | ||||
the jail shall furnish necessary bedding,
clothing,
fuel, and | ||||
medical services aid for all prisoners under his charge, and | ||||
keep an accurate
account of the same. When services that result | ||||
in qualified medical expenses
or hospital services are required | ||||
by any
person held
in custody, the county, private hospital,
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physician or any public agency
which provides such services | ||||
shall be entitled to obtain reimbursement from
the county or | ||||
from the Arrestee's Medical Costs Fund to the extent that | ||||
moneys
in the Fund are available for the cost of such services. | ||||
The county board of a
county may
adopt an ordinance or | ||||
resolution providing for reimbursement for the cost of
those | ||||
services at the Department of Healthcare and Family Services' | ||||
rates for medical
assistance.
To the extent that such person
is | ||||
reasonably able to pay for such care, including reimbursement | ||||
from any
insurance program or from other medical benefit | ||||
programs available to such
person, he or she shall reimburse | ||
the county or arresting authority.
If such person
has already
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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. A | ||
reimbursement
under any public or private program authorized by | ||
this Section shall be
paid to the county or arresting authority | ||
to the
same extent as would have been obtained had the services | ||
been rendered in
a non-custodial environment.
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The sheriff or his or her designee may cause an application | ||
for medical assistance under the Illinois Public Aid Code to be | ||
completed for an arrestee who is a hospital inpatient. If such | ||
arrestee is determined eligible, he or she shall receive | ||
medical assistance under the Code for hospital inpatient | ||
services only. 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. However, the arresting authority shall not
be so | ||
responsible if the arrest was made pursuant to a request by the | ||
sheriff.
When medical expenses
or hospital services
are | ||
required by any person held in custody,
the county or arresting | ||
authority shall be entitled to obtain reimbursement
from the
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County Jail Arrestee's
Medical Costs Fund to the extent moneys | ||
are available from the Fund. To the
extent that the person is | ||
reasonably able to pay
for that care, including reimbursement | ||
from any insurance program or from other
medical benefit | ||
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 | ||
conviction or order of
supervision for a criminal violation, | ||
other than a petty offense or business
offense. The fee shall | ||
be taxed as costs to be
collected from the defendant, if | ||
possible, upon conviction or entry of an order
of supervision. | ||
The fee shall not be considered a part of the fine for
purposes | ||
of any reduction in the fine.
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All such fees collected shall be deposited by the county in | ||
a fund to be
established and known as the County Jail | ||
Arrestee's Medical Costs Fund. Moneys in the Fund
shall be used | ||
solely for reimbursement to the county of costs for medical | ||
expenses relating
to the arrestee while he or she is in the | ||
custody of the sheriff and administration of the Fund.
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For the purposes of this Section, "arresting authority" | ||
means a unit of
local government, other than a county, which | ||
employs peace officers and
whose peace officers have made the | ||
arrest of a person. For the purposes
of this Section, | ||
"qualified medical expenses relating to the
arrestee" include | ||
medical and hospital services but do not include (i)
means only | ||
those expenses incurred for medical care or treatment
provided | ||
to a person an arrestee on account of a self-inflicted
an | ||
injury incurred prior to or in the course of an arrest, (ii) | ||
expenses
suffered by the arrestee
during the course of his or | ||
her arrest unless such injury is self-inflicted; the term does | ||
not include any expenses
incurred for medical care or treatment | ||
provided to a person an arrestee on account
of a health | ||
condition of that person the arrestee which existed prior to | ||
the time of his
or her arrest, or (iii) expenses for hospital | ||
inpatient services for arrestees enrolled for medical | ||
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 | ||
becoming law.
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