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| 1 | AMENDMENT TO HOUSE BILL 855
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| 2 | AMENDMENT NO. ______. Amend House Bill 855 on page 5, by | ||||||
| 3 | inserting immediately below line 8 the following:
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| 4 | "Section 10. The County Jail Act is amended by changing | ||||||
| 5 | Section 17 as follows:
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| 6 | (730 ILCS 125/17) (from Ch. 75, par. 117)
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| 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 services
aid for all prisoners under his charge, and | ||||||
| 11 | keep an accurate
account of the same. When services that result | ||||||
| 12 | in qualified medical expenses
or hospital services are required | ||||||
| 13 | by any
person held
in custody, the county, private hospital,
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| 14 | physician or any public agency
which provides such services | ||||||
| 15 | shall be entitled to obtain reimbursement from
the county or | ||||||
| 16 | from the Arrestee's Medical Costs Fund to the extent that | ||||||
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| 1 | moneys
in the Fund are available for the cost of such services. | ||||||
| 2 | The county board of a
county may
adopt an ordinance or | ||||||
| 3 | resolution providing for reimbursement for the cost of
those | ||||||
| 4 | services at the Department of Healthcare and Family Services' | ||||||
| 5 | rates for medical
assistance.
To the extent that such person
is | ||||||
| 6 | reasonably able to pay for such care, including reimbursement | ||||||
| 7 | from any
insurance program or from other medical benefit | ||||||
| 8 | programs available to such
person, he or she shall reimburse | ||||||
| 9 | the county or arresting authority.
If such person
is
has | ||||||
| 10 | already
been determined eligible for medical assistance under | ||||||
| 11 | the Illinois Public
Aid Code at the time the person is | ||||||
| 12 | initially detained pending trial,
the
cost of such services, to | ||||||
| 13 | the extent such cost exceeds $500, shall be
reimbursed by the | ||||||
| 14 | Department of Healthcare and Family Services under that Code. A | ||||||
| 15 | reimbursement
under any public or private program authorized by | ||||||
| 16 | this Section shall be
paid to the county or arresting authority | ||||||
| 17 | to the
same extent as would have been obtained had the services | ||||||
| 18 | been rendered in
a non-custodial environment.
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| 19 | Unless the arrestee is eligible for medical assistance | ||||||
| 20 | under the Illinois Public Aid Code or reimbursement under a | ||||||
| 21 | public or private program authorized by this Section, an
An
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| 22 | arresting authority shall be responsible for any incurred | ||||||
| 23 | medical
expenses relating to the arrestee until such time as | ||||||
| 24 | the arrestee is placed
in the custody of the sheriff. However, | ||||||
| 25 | the arresting authority shall not
be so responsible if the | ||||||
| 26 | arrest was made pursuant to a request by the sheriff.
When | ||||||
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| 1 | medical expenses
or hospital services
are required by any | ||||||
| 2 | person held in custody,
the county or arresting authority shall | ||||||
| 3 | be entitled to obtain reimbursement
from the
County Jail
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| 4 | Arrestee's
Medical Costs Fund to the extent moneys are | ||||||
| 5 | available from the Fund. To the
extent that the person is | ||||||
| 6 | reasonably able to pay
for that care, including reimbursement | ||||||
| 7 | from any insurance program or from other
medical benefit | ||||||
| 8 | programs available to the person, he or she shall reimburse the
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| 9 | county.
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| 10 | The county shall be entitled to a $10 fee for each | ||||||
| 11 | conviction or order of
supervision for a criminal violation, | ||||||
| 12 | other than a petty offense or business
offense. The fee shall | ||||||
| 13 | be taxed as costs to be
collected from the defendant, if | ||||||
| 14 | possible, upon conviction or entry of an order
of supervision. | ||||||
| 15 | The fee shall not be considered a part of the fine for
purposes | ||||||
| 16 | of any reduction in the fine.
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| 17 | All such fees collected shall be deposited by the county in | ||||||
| 18 | a fund to be
established and known as the County Jail
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| 19 | Arrestee's Medical Costs Fund. Moneys in the Fund
shall be used | ||||||
| 20 | solely for reimbursement to the county of costs for medical | ||||||
| 21 | expenses relating
to the arrestee while he or she is in the | ||||||
| 22 | custody of the sheriff and administration of the Fund.
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| 23 | For the purposes of this Section, "arresting authority" | ||||||
| 24 | means a unit of
local government, other than a county, which | ||||||
| 25 | employs peace officers and
whose peace officers have made the | ||||||
| 26 | arrest of a person. For the purposes
of this Section, | ||||||
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| 1 | "qualified medical expenses relating to the
arrestee" include | ||||||
| 2 | medical and hospital services but do not include
means only | ||||||
| 3 | those expenses incurred for medical care or treatment
provided | ||||||
| 4 | to a person
an arrestee on account of a self-inflicted
an
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| 5 | injury incurred prior to or in the course of an arrest or
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| 6 | suffered by the arrestee
during the course of his or her arrest | ||||||
| 7 | unless such injury is self-inflicted; the term does not include | ||||||
| 8 | any expenses
incurred for medical care or treatment provided to | ||||||
| 9 | a person
an arrestee on account
of a health condition of that | ||||||
| 10 | person
the arrestee which existed prior to the time of his
or | ||||||
| 11 | her arrest.
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| 12 | (Source: P.A. 94-494, eff. 8-8-05; 94-962, eff. 1-1-07.)".
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