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Rep. Careen M Gordon
Filed: 4/6/2005
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09400HB1658ham001 |
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LRB094 03111 AJO 44016 a |
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| AMENDMENT TO HOUSE BILL 1658
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| AMENDMENT NO. ______. Amend House Bill 1658 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Counties Code is amended by changing |
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| Section 3-15016 as follows:
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| (55 ILCS 5/3-15016) (from Ch. 34, par. 3-15016)
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| Sec. 3-15016. Liability for expenses. The County Board may |
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| require
convicted persons confined in a facility of the |
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| Department to reimburse the
county for the expenses incurred by |
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| their confinement to the extent of
their ability to pay for |
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| such expenses. The reimbursement that the County Board may |
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| require shall be within the range of $6 to $56 per day of |
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| confinement.
The State's attorney of the county
in which the |
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| facility is located, if authorized by the County Board, may
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| institute civil actions to recover from such convicted confined |
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| persons the
expenses incurred by their confinement. Such |
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| expenses recovered shall be
paid into the county treasury.
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| An arresting authority shall be responsible for any |
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| incurred medical
expenses relating to the arrestee until such |
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| time as the arrestee is placed
in the custody of the sheriff. |
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| However, the arresting authority shall not
be so responsible if |
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| the arrest was made pursuant to a request by the Sheriff.
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| For the purposes of this Section, "arresting authority" |
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| means a unit of
local government, other than a county, which |
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09400HB1658ham001 |
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LRB094 03111 AJO 44016 a |
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| employs peace officers and
whose peace officers have made the |
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| arrest of a person.
For the purposes of this Section, "medical |
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| expenses relating to the
arrestee" means only those expenses |
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| incurred for medical care or treatment
provided to an arrestee |
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| on account of an injury suffered by the arrestee
during the |
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| course of his arrest; the term does not include any expenses
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| incurred for medical care or treatment provided to an arrestee |
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| on account
of a health condition of the arrestee which existed |
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| prior to the time of
his arrest.
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| (Source: P.A. 86-962; 86-1028.)".
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| Section 10. The County Jail Act is amended by changing |
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| Section 20 as follows:
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| (730 ILCS 125/20) (from Ch. 75, par. 120)
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| Sec. 20. Cost and expense; commissary fund.
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| (a) The cost and expense of keeping, maintaining and |
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| furnishing
the jail of each county, and of keeping and |
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| maintaining the prisoner thereof,
except as otherwise provided |
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| by law, shall be paid from the county treasury,
the account |
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| therefor being first settled and allowed by the county board.
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| The county board may require convicted persons confined in |
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| its jail to
reimburse the county for the expenses incurred by |
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| their incarceration to
the extent of their ability to pay for |
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| such expenses. The reimbursement that the County Board may |
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| require shall be within the range of $6 to $56 per day of |
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| confinement. The warden of the jail
shall establish by |
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| regulation criteria for a reasonable deduction from money
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| credited to any account of an inmate to defray the costs to the |
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| county for an
inmate's medical care. The State's Attorney
of |
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| the county in which such jail is located may, if requested by |
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| the County
Board, institute civil actions in the circuit court |
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| of the county in which
the jail is located to recover from such |
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| convicted confined persons the
expenses incurred by their |
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LRB094 03111 AJO 44016 a |
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| confinement. The funds recovered shall
be paid
into the county |
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| treasury.
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| (b) When a prisoner is released from the county jail after |
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| the completion
of his or her sentence and has money credited to |
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| his or her account in the
commissary fund, the sheriff or a |
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| person acting on the authority of the sheriff
must mail a check |
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| in the amount credited to the prisoner's account to the
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| prisoner's last known address. If after 30 days from the date |
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| of mailing of
the
check, the check is returned undelivered, the |
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| sheriff must transmit the amount
of the check to the
county |
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| treasurer for deposit into the commissary fund. Nothing in this
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| subsection (b) constitutes a forfeiture of the prisoner's right |
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| to claim the
money accredited to his or her account after the |
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| 30-day period.
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| (Source: P.A. 91-288, eff. 1-1-00.)".
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