Full Text of HB6178 96th General Assembly
HB6178eng 96TH GENERAL ASSEMBLY
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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 | 5 |
| 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; | 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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| been determined eligible for medical assistance under the | 2 |
| 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 | 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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| 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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| 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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| she shall reimburse the
county.
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| 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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| 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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| 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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| Code.
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| (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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| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.
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