|
|
|
|
HB4718 Engrossed |
|
LRB093 15024 RLC 40595 b |
|
|
| 1 |
| AN ACT concerning criminal law.
|
| 2 |
| Be it enacted by the People of the State of Illinois,
|
| 3 |
| represented in the General Assembly:
|
| 4 |
| Section 5. The County Jail Act is amended by changing |
| 5 |
| Section 17 as follows:
|
| 6 |
| (730 ILCS 125/17) (from Ch. 75, par. 117)
|
| 7 |
| Sec. 17. Bedding, clothing, fuel, and medical aid; |
| 8 |
| reimbursement for medical
or hospital expenses. The Warden of |
| 9 |
| the jail shall furnish necessary bedding,
clothing,
fuel and |
| 10 |
| medical aid for all prisoners under his charge, and keep an |
| 11 |
| accurate
account of the same. When medical or hospital services |
| 12 |
| are required by any
person held
in custody, the county, private |
| 13 |
| hospital,
physician or any public agency
which provides such |
| 14 |
| services shall be entitled to obtain reimbursement from
the |
| 15 |
| county or from the Arrestee's Medical Costs Fund to the extent |
| 16 |
| that moneys
in the Fund are available for the cost of such |
| 17 |
| services. The county board of a
county may
adopt an ordinance |
| 18 |
| or resolution providing for reimbursement for the cost of
those |
| 19 |
| services at the Department of Public Aid's rates for medical
|
| 20 |
| assistance.
To the extent that such person
is reasonably able |
| 21 |
| to pay for such care, including reimbursement from any
|
| 22 |
| insurance program or from other medical benefit programs |
| 23 |
| available to such
person, he or she shall reimburse the county |
| 24 |
| or arresting authority.
If such person has already
been |
| 25 |
| determined eligible for medical assistance under The Illinois |
| 26 |
| Public
Aid Code at the time the person is initially detained |
| 27 |
| pending trial,
the
cost of such services, to the extent such |
| 28 |
| cost exceeds $500
$2,500, shall be
reimbursed by the Department |
| 29 |
| of Public Aid under that Code. A reimbursement
under any public |
| 30 |
| or private program authorized by this Section shall be
paid to |
| 31 |
| the county or arresting authority to the
same extent as would |
| 32 |
| have been obtained had the services been rendered in
a |
|
|
|
HB4718 Engrossed |
- 2 - |
LRB093 15024 RLC 40595 b |
|
|
| 1 |
| non-custodial environment.
|
| 2 |
| An arresting authority shall be responsible for any |
| 3 |
| incurred medical
expenses relating to the arrestee until such |
| 4 |
| time as the arrestee is placed
in the custody of the sheriff. |
| 5 |
| However, the arresting authority shall not
be so responsible if |
| 6 |
| the arrest was made pursuant to a request by the sheriff.
When |
| 7 |
| medical or hospital services are required by any person held in |
| 8 |
| custody,
the county or arresting authority shall be entitled to |
| 9 |
| obtain reimbursement
from the
Arrestee's
Medical Costs Fund to |
| 10 |
| the extent moneys are available from the Fund. To the
extent |
| 11 |
| that the person is reasonably able to pay
for that care, |
| 12 |
| including reimbursement from any insurance program or from |
| 13 |
| other
medical benefit programs available to the person, he or |
| 14 |
| she shall reimburse the
county.
|
| 15 |
| The county shall be entitled to a $10 fee for each |
| 16 |
| conviction or order of
supervision for a criminal violation, |
| 17 |
| other than a petty offense or business
offense. The fee shall |
| 18 |
| be taxed as costs to be
collected from the defendant, if |
| 19 |
| possible, upon conviction or entry of an order
of supervision. |
| 20 |
| The fee shall not be considered a part of the fine for
purposes |
| 21 |
| of any reduction in the fine.
|
| 22 |
| All such fees collected shall be deposited by the county in |
| 23 |
| a fund to be
established and known as the Arrestee's Medical |
| 24 |
| Costs Fund. Moneys in the Fund
shall be used solely for |
| 25 |
| reimbursement of costs for medical expenses relating
to the |
| 26 |
| arrestee and administration of the Fund.
|
| 27 |
| For the purposes of this Section, "arresting authority" |
| 28 |
| means a unit of
local government, other than a county, which |
| 29 |
| employs peace officers and
whose peace officers have made the |
| 30 |
| arrest of a person. For the purposes
of this Section, "medical |
| 31 |
| expenses relating to the
arrestee" means only those expenses |
| 32 |
| incurred for medical care or treatment
provided to an arrestee |
| 33 |
| on account of an injury suffered by the arrestee
during the |
| 34 |
| course of his arrest; the term does not include any expenses
|
| 35 |
| incurred for medical care or treatment provided to an arrestee |
| 36 |
| on account
of a health condition of the arrestee which existed |