Public Act 095-0842
 
SB1965 Enrolled LRB095 18242 RLC 44326 b

    AN ACT concerning criminal law.
 
    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 17 as follows:
 
    (730 ILCS 125/17)  (from Ch. 75, par. 117)
    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,
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
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.
    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
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
county.
    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.
    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.
    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.
(Source: P.A. 94-494, eff. 8-8-05; 94-962, eff. 1-1-07.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/15/2008