Full Text of HB0920 94th General Assembly
HB0920enr 94TH GENERAL ASSEMBLY
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HB0920 Enrolled |
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LRB094 05144 RLC 35184 b |
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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
or hospital expenses. The Warden of | 9 |
| the jail shall furnish necessary bedding,
clothing,
fuel and | 10 |
| medical aid for all prisoners under his charge, and keep an | 11 |
| accurate
account of the same. When medical or hospital services | 12 |
| are required by any
person held
in custody, the county, private | 13 |
| hospital,
physician or any public agency
which provides such | 14 |
| services shall be entitled to obtain reimbursement from
the | 15 |
| county or from the Arrestee's Medical Costs Fund to the extent | 16 |
| that moneys
in the Fund are available for the cost of such | 17 |
| services. The county board of a
county may
adopt an ordinance | 18 |
| or resolution providing for reimbursement for the cost of
those | 19 |
| services at the Department of Public Aid's rates for medical
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| assistance.
To the extent that such person
is reasonably able | 21 |
| to pay for such care, including reimbursement from any
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| insurance program or from other medical benefit programs | 23 |
| available to such
person, he or she shall reimburse the county | 24 |
| or arresting authority.
If such person has already
been | 25 |
| determined eligible for medical assistance under The Illinois | 26 |
| Public
Aid Code at the time the person is initially detained | 27 |
| pending trial,
the
cost of such services, to the extent such | 28 |
| cost exceeds $500
$2,500 , shall be
reimbursed by the Department | 29 |
| of Public Aid under that Code. A reimbursement
under any public | 30 |
| or private program authorized by this Section shall be
paid to | 31 |
| the county or arresting authority to the
same extent as would | 32 |
| have been obtained had the services been rendered in
a |
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LRB094 05144 RLC 35184 b |
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| non-custodial environment.
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| An arresting authority shall be responsible for any | 3 |
| incurred medical
expenses relating to the arrestee until such | 4 |
| time as the arrestee is placed
in the custody of the sheriff. | 5 |
| However, the arresting authority shall not
be so responsible if | 6 |
| the arrest was made pursuant to a request by the sheriff.
When | 7 |
| medical or hospital services are required by any person held in | 8 |
| custody,
the county or arresting authority shall be entitled to | 9 |
| obtain reimbursement
from the
Arrestee's
Medical Costs Fund to | 10 |
| the extent moneys are available from the Fund. To the
extent | 11 |
| that the person is reasonably able to pay
for that care, | 12 |
| including reimbursement from any insurance program or from | 13 |
| other
medical benefit programs available to the person, he or | 14 |
| she shall reimburse the
county.
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| The county shall be entitled to a $10 fee for each | 16 |
| conviction or order of
supervision for a criminal violation, | 17 |
| other than a petty offense or business
offense. The fee shall | 18 |
| be taxed as costs to be
collected from the defendant, if | 19 |
| possible, upon conviction or entry of an order
of supervision. | 20 |
| The fee shall not be considered a part of the fine for
purposes | 21 |
| of any reduction in the fine.
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| All such fees collected shall be deposited by the county in | 23 |
| a fund to be
established and known as the Arrestee's Medical | 24 |
| Costs Fund. Moneys in the Fund
shall be used solely for | 25 |
| reimbursement of costs for medical expenses relating
to the | 26 |
| arrestee while he or she is in the custody of the sheriff and | 27 |
| administration of the Fund.
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| For the purposes of this Section, "arresting authority" | 29 |
| means a unit of
local government, other than a county, which | 30 |
| employs peace officers and
whose peace officers have made the | 31 |
| arrest of a person. For the purposes
of this Section, "medical | 32 |
| expenses relating to the
arrestee" means only those expenses | 33 |
| incurred for medical care or treatment
provided to an arrestee | 34 |
| on account of an injury suffered by the arrestee
during the | 35 |
| course of his arrest; the term does not include any expenses
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| incurred for medical care or treatment provided to an arrestee |
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LRB094 05144 RLC 35184 b |
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| on account
of a health condition of the arrestee which existed | 2 |
| prior to the time of his
arrest.
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| (Source: P.A. 89-654, eff. 8-14-96; 89-676, 8-14-96; 90-14,
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| eff. 7-1-97.)
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| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.
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