Public Act 094-0494
 		





HB0920 Enrolled
LRB094 05144 RLC 35184 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 aid for all prisoners under his charge, and keep an 
accurate
account of the same.  When medical 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 Public Aid's 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
$2,500, shall be
reimbursed by the Department 
of Public Aid 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.

    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 or hospital services are required by any person held in 
custody,
the county or arresting authority shall be entitled to 
obtain reimbursement
from the
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 Arrestee's Medical 
Costs Fund.  Moneys in the Fund
shall be used solely for 
reimbursement 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, "medical 
expenses relating to the
arrestee" means only those expenses 
incurred for medical care or treatment
provided to an arrestee 
on account of an injury suffered by the arrestee

during the 
course of his arrest; the term does not include any expenses

incurred for medical care or treatment provided to an arrestee 
on account
of a health condition of the arrestee which existed 
prior to the time of his
arrest.

(Source: P.A. 89-654, eff. 8-14-96; 89-676, 8-14-96; 90-14,

eff. 7-1-97.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.