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| Public Act 094-0962 |
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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 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 Healthcare and Family Services'
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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, shall be
reimbursed by the | ||||
Department of Healthcare and Family Services
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.
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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.
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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 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.
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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, "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 or her arrest unless such injury is | ||
self-inflicted; 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
or her arrest.
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(Source: P.A. 94-494, eff. 8-8-05; revised 12-15-05.)
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