Full Text of SB1965 95th General Assembly
SB1965 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB1965
Introduced 2/7/2008, by Sen. William R. Haine SYNOPSIS AS INTRODUCED: |
|
730 ILCS 125/17 |
from Ch. 75, par. 117 |
|
Amends the County Jail Act. Provides that if a person confined in a county jail is in need of medical services and is determined eligible for medical assistance under the Illinois Public Aid Code at the time the person is detained (rather than has already been determined eligible for medical assistance under the Illinois Public Aid Code at the time the person is initially detained pending trial), the cost of such services, to the extent such cost exceeds $500, shall be reimbursed by the Department of Healthcare and Family Services under that Code. Provides that "medical expenses" include medical and hospital services but do not include expenses incurred for medical care or treatment provided to a person on account of a self-inflicted injury incurred prior to or in the course of an arrest. Provides that when medical services are required by any
person held
in custody, the county, private hospital,
physician, or any public agency
which provides such services shall be entitled to obtain reimbursement from
the county. Eliminates the ability of such entities to obtain reimbursement from the Arrestee's Medical Costs Fund. Changes the name of the Arrestee's Medical Costs Fund to the County Jail Medical Costs Fund. Provides that in such cases, the county shall be entitled to obtain reimbursement
from the
County Jail Medical Costs Fund to the extent moneys are available from the Fund. Provides that moneys in the Fund shall be used solely for reimbursement to the county of costs for medical expenses and administration of the Fund. Effective immediately.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
SB1965 |
|
LRB095 18242 RLC 44326 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 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,
| 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 | 17 |
| moneys
in the Fund are available for the cost of such services. | 18 |
| The county board of a
county may
adopt an ordinance or | 19 |
| resolution providing for reimbursement for the cost of
those | 20 |
| services at the Department of Healthcare and Family Services' | 21 |
| rates for medical
assistance.
To the extent that such person
is | 22 |
| reasonably able to pay for such care, including reimbursement | 23 |
| from any
insurance program or from other medical benefit |
|
|
|
SB1965 |
- 2 - |
LRB095 18242 RLC 44326 b |
|
| 1 |
| programs available to such
person, he or she shall reimburse | 2 |
| the county or arresting authority.
If such person
is has | 3 |
| already
been determined eligible for medical assistance under | 4 |
| the Illinois Public
Aid Code at the time the person is | 5 |
| initially detained pending trial ,
the
cost of such services, to | 6 |
| the extent such cost exceeds $500, shall be
reimbursed by the | 7 |
| Department of Healthcare and Family Services under that Code. A | 8 |
| reimbursement
under any public or private program authorized by | 9 |
| this Section shall be
paid to the county or arresting authority | 10 |
| to the
same extent as would have been obtained had the services | 11 |
| been rendered in
a non-custodial environment.
| 12 |
| Unless the arrestee is eligible for medical assistance | 13 |
| under the Illinois Public Aid Code or reimbursement under a | 14 |
| public or private program authorized by this Section, an An | 15 |
| arresting authority shall be responsible for any incurred | 16 |
| medical
expenses relating to the arrestee until such time as | 17 |
| the arrestee is placed
in the custody of the sheriff. However, | 18 |
| the arresting authority shall not
be so responsible if the | 19 |
| arrest was made pursuant to a request by the sheriff.
When | 20 |
| medical expenses
or hospital services
are required by any | 21 |
| person held in custody,
the county or arresting authority shall | 22 |
| be entitled to obtain reimbursement
from the
County Jail | 23 |
| Arrestee's
Medical Costs Fund to the extent moneys are | 24 |
| available from the Fund. To the
extent that the person is | 25 |
| reasonably able to pay
for that care, including reimbursement | 26 |
| from any insurance program or from other
medical benefit |
|
|
|
SB1965 |
- 3 - |
LRB095 18242 RLC 44326 b |
|
| 1 |
| programs available to the person, he or she shall reimburse the
| 2 |
| county.
| 3 |
| The county shall be entitled to a $10 fee for each | 4 |
| conviction or order of
supervision for a criminal violation, | 5 |
| other than a petty offense or business
offense. The fee shall | 6 |
| be taxed as costs to be
collected from the defendant, if | 7 |
| possible, upon conviction or entry of an order
of supervision. | 8 |
| The fee shall not be considered a part of the fine for
purposes | 9 |
| of any reduction in the fine.
| 10 |
| All such fees collected shall be deposited by the county in | 11 |
| a fund to be
established and known as the County Jail | 12 |
| Arrestee's Medical Costs Fund. Moneys in the Fund
shall be used | 13 |
| solely for reimbursement to the county of costs for medical | 14 |
| expenses relating
to the arrestee while he or she is in the | 15 |
| custody of the sheriff and administration of the Fund.
| 16 |
| For the purposes of this Section, "arresting authority" | 17 |
| means a unit of
local government, other than a county, which | 18 |
| employs peace officers and
whose peace officers have made the | 19 |
| arrest of a person. For the purposes
of this Section, | 20 |
| " qualified medical expenses relating to the
arrestee " include | 21 |
| medical and hospital services but do not include
means only | 22 |
| those expenses incurred for medical care or treatment
provided | 23 |
| to a person an arrestee on account of a self-inflicted
an | 24 |
| injury incurred prior to or in the course of an arrest or
| 25 |
| suffered by the arrestee
during the course of his or her arrest | 26 |
| unless such injury is self-inflicted; the term does not include |
|
|
|
SB1965 |
- 4 - |
LRB095 18242 RLC 44326 b |
|
| 1 |
| any expenses
incurred for medical care or treatment provided to | 2 |
| a person an arrestee on account
of a health condition of that | 3 |
| person the arrestee which existed prior to the time of his
or | 4 |
| her arrest.
| 5 |
| (Source: P.A. 94-494, eff. 8-8-05; 94-962, eff. 1-1-07.)
| 6 |
| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.
|
|