96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB6178


 
Introduced 2/11/2010, by Rep. Rich Brauer
 
SYNOPSIS AS INTRODUCED:
 		





 








730 ILCS 125/17
  from Ch. 75, par. 117








     Amends the County Jail Act.  Provides that an arresting authority shall be responsible for any qualified (rather than incurred) medical
expenses relating to the arrestee until such time as the arrestee is placed
in the custody of the sheriff.  Effective immediately.
  















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 




  






HB6178

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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 
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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; 
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reimbursement for medical
 expenses.  The Warden of the jail 
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shall furnish necessary bedding,
clothing,
 fuel, and medical 
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services for all prisoners under his charge, and keep an 
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accurate
account of the same.  When services that result in 
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qualified medical expenses
 are required by any
person held
in 
13
custody, the county, private hospital,
physician or any public 
14
agency
which provides such services shall be entitled to obtain 
15
reimbursement from
the county for the cost of such services.  
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The county board of a
county may
adopt an ordinance or 
17
resolution providing for reimbursement for the cost of
those 
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services at the Department of Healthcare and Family Services' 
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rates for medical
assistance.
 To the extent that such person
is 
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reasonably able to pay for such care, including reimbursement 
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from any
insurance program or from other medical benefit 
22
programs available to such
person, he or she shall reimburse 
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the county or arresting authority.
If such person
has already

 


 






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been determined eligible for medical assistance under the 
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Illinois Public
Aid Code at the time the person is detained,

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the
cost of such services, to the extent such cost exceeds 
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$500, shall be
reimbursed by the Department of Healthcare and 
5
Family Services under that Code.  A reimbursement
under any 
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public or private program authorized by this Section shall be

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paid to the county or arresting authority to the
same extent as 
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would have been obtained had the services been rendered in
a 
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non-custodial environment.

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    The sheriff or his or her designee may cause an application 
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for medical assistance under the Illinois Public Aid Code to be 
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completed for an arrestee who is a hospital inpatient.  If such 
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arrestee is determined eligible, he or she shall receive 
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medical assistance under the Code for hospital inpatient 
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services only. An arresting authority shall be responsible for 
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any qualified incurred medical
expenses relating to the 
17
arrestee until such time as the arrestee is placed
in the 
18
custody of the sheriff.  However, the arresting authority shall 
19
not
be so responsible if the arrest was made pursuant to a 
20
request by the sheriff.
 When medical expenses

are required by 
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any person held in custody,
the county shall be entitled to 
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obtain reimbursement
from the
County Jail
Medical Costs Fund to 
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the extent moneys are available from the Fund.  To the
extent 
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that the person is reasonably able to pay
for that care, 
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including reimbursement from any insurance program or from 
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other
medical benefit programs available to the person, he or 
 


 






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she shall reimburse the
county.

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    The county shall be entitled to a $10 fee for each 
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conviction or order of
supervision for a criminal violation, 
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other than a petty offense or business
offense.  The fee shall 
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be taxed as costs to be
collected from the defendant, if 
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possible, upon conviction or entry of an order
of supervision.  
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The fee shall not be considered a part of the fine for
purposes 
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of any reduction in the fine.

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    All such fees collected shall be deposited by the county in 
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a fund to be
established and known as the County Jail Medical 
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Costs Fund.  Moneys in the Fund
shall be used solely for 
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reimbursement to the county of costs for medical expenses and 
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administration of the Fund.

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    For the purposes of this Section, "arresting authority" 
15
means a unit of
local government, other than a county, which 
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employs peace officers and
whose peace officers have made the 
17
arrest of a person.  For the purposes
of this Section, 
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"qualified medical expenses" include medical and hospital 
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services but do not include (i)
 expenses incurred for medical 
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care or treatment
provided to a person on account of a 
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self-inflicted
 injury incurred prior to or in the course of an 
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arrest, (ii) expenses

incurred for medical care or treatment 
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provided to a person on account
of a health condition of that 
24
person which existed prior to the time of his
or her arrest, or 
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(iii) expenses for hospital inpatient services for arrestees 
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enrolled for medical assistance under the Illinois Public Aid 
 


 






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Code.

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(Source: P.A. 94-494, eff. 8-8-05; 94-962, eff. 1-1-07; 95-842, 
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eff. 8-15-08.)

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