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| Public Act 096-1280 | ||||
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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
expenses. The Warden of the jail | ||||
shall furnish necessary bedding,
clothing,
fuel, and medical | ||||
services for all prisoners under his charge, and keep an | ||||
accurate
account of the same. When services that result in | ||||
qualified medical expenses
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 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 detained,
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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
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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 qualified 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
are required by | ||
any person held in custody,
the county shall be entitled to | ||
obtain reimbursement
from the
County Jail
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.
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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 Medical | ||
Costs Fund. Moneys in the Fund
shall be used solely for | ||
reimbursement to the county of costs for medical expenses 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" include medical and hospital | ||
services but do not include (i)
expenses incurred for medical | ||
care or treatment
provided to a person on account of a | ||
self-inflicted
injury incurred prior to or in the course of an | ||
arrest, (ii) expenses
incurred for medical care or treatment | ||
provided to a person on account
of a health condition of that | ||
person 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; 95-842, | ||
eff. 8-15-08.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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