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| 1 | AN ACT concerning criminal law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. 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
expenses. The Warden of the jail | ||||||
| 9 | shall furnish necessary bedding,
clothing,
fuel, and medical | ||||||
| 10 | services for all prisoners under his charge, and keep an | ||||||
| 11 | accurate
account of the same. When services that result in | ||||||
| 12 | 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. | ||||||
| 16 | The county board of a
county may
adopt an ordinance or | ||||||
| 17 | resolution providing for reimbursement for the cost of
those | ||||||
| 18 | services at the Department of Healthcare and Family Services' | ||||||
| 19 | rates for medical
assistance.
To the extent that such person
is | ||||||
| 20 | reasonably able to pay for such care, including reimbursement | ||||||
| 21 | from any
insurance program or from other medical benefit | ||||||
| 22 | programs available to such
person, he or she shall reimburse | ||||||
| 23 | the county or arresting authority.
If such person
has already
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| 1 | been determined eligible for medical assistance under the | ||||||
| 2 | Illinois Public
Aid Code at the time the person is detained,
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| 3 | the
cost of such services, to the extent such cost exceeds | ||||||
| 4 | $500, shall be
reimbursed by the Department of Healthcare and | ||||||
| 5 | Family Services under that Code. A reimbursement
under any | ||||||
| 6 | public or private program authorized by this Section shall be
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| 7 | paid to the county or arresting authority to the
same extent as | ||||||
| 8 | would have been obtained had the services been rendered in
a | ||||||
| 9 | non-custodial environment.
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| 10 | The sheriff or his or her designee may cause an application | ||||||
| 11 | for medical assistance under the Illinois Public Aid Code to be | ||||||
| 12 | completed for an arrestee who is a hospital inpatient. If such | ||||||
| 13 | arrestee is determined eligible, he or she shall receive | ||||||
| 14 | medical assistance under the Code for hospital inpatient | ||||||
| 15 | services only. An arresting authority shall be responsible for | ||||||
| 16 | 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 | ||||||
| 21 | any person held in custody,
the county shall be entitled to | ||||||
| 22 | obtain reimbursement
from the
County Jail
Medical Costs Fund to | ||||||
| 23 | the extent moneys are available from the Fund. To the
extent | ||||||
| 24 | that the person is reasonably able to pay
for that care, | ||||||
| 25 | including reimbursement from any insurance program or from | ||||||
| 26 | other
medical benefit programs available to the person, he or | ||||||
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| 1 | she shall reimburse the
county.
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| 2 | The county shall be entitled to a $10 fee for each | ||||||
| 3 | conviction or order of
supervision for a criminal violation, | ||||||
| 4 | other than a petty offense or business
offense. The fee shall | ||||||
| 5 | be taxed as costs to be
collected from the defendant, if | ||||||
| 6 | possible, upon conviction or entry of an order
of supervision. | ||||||
| 7 | The fee shall not be considered a part of the fine for
purposes | ||||||
| 8 | of any reduction in the fine.
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| 9 | All such fees collected shall be deposited by the county in | ||||||
| 10 | a fund to be
established and known as the County Jail Medical | ||||||
| 11 | Costs Fund. Moneys in the Fund
shall be used solely for | ||||||
| 12 | reimbursement to the county of costs for medical expenses and | ||||||
| 13 | administration of the Fund.
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| 14 | For the purposes of this Section, "arresting authority" | ||||||
| 15 | means a unit of
local government, other than a county, which | ||||||
| 16 | employs peace officers and
whose peace officers have made the | ||||||
| 17 | arrest of a person. For the purposes
of this Section, | ||||||
| 18 | "qualified medical expenses" include medical and hospital | ||||||
| 19 | services but do not include (i)
expenses incurred for medical | ||||||
| 20 | care or treatment
provided to a person on account of a | ||||||
| 21 | self-inflicted
injury incurred prior to or in the course of an | ||||||
| 22 | arrest, (ii) expenses
incurred for medical care or treatment | ||||||
| 23 | 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 | ||||||
| 25 | (iii) expenses for hospital inpatient services for arrestees | ||||||
| 26 | enrolled for medical assistance under the Illinois Public Aid | ||||||
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| 1 | Code.
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| 2 | (Source: P.A. 94-494, eff. 8-8-05; 94-962, eff. 1-1-07; 95-842, | ||||||
| 3 | eff. 8-15-08.)
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| 4 | Section 99. Effective date. This Act takes effect upon | ||||||
| 5 | becoming law.
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