Public Act 096-1280
 
HB6178 EnrolledLRB096 16249 RLC 31505 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The County Jail Act is amended by changing
Section 17 as follows:
 
    (730 ILCS 125/17)  (from Ch. 75, par. 117)
    Sec. 17. Bedding, clothing, fuel, and medical aid;
reimbursement for medical expenses. The Warden of the jail
shall furnish necessary bedding, clothing, fuel, and medical
services for all prisoners under his charge, and keep an
accurate account of the same. When services that result in
qualified medical expenses 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 for the cost of such services.
The county board of a county may adopt an ordinance or
resolution providing for reimbursement for the cost of those
services at the Department of Healthcare and Family Services'
rates for medical assistance. To the extent that such person is
reasonably able to pay for such care, including reimbursement
from any insurance program or from other medical benefit
programs available to such person, he or she shall reimburse
the county or arresting authority. If such person has already
been determined eligible for medical assistance under the
Illinois Public Aid Code at the time the person is detained,
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. A reimbursement under any
public or private program authorized by this Section shall be
paid to the county or arresting authority to the same extent as
would have been obtained had the services been rendered in a
non-custodial environment.
    The sheriff or his or her designee may cause an application
for medical assistance under the Illinois Public Aid Code to be
completed for an arrestee who is a hospital inpatient. If such
arrestee is determined eligible, he or she shall receive
medical assistance under the Code for hospital inpatient
services only. An arresting authority shall be responsible for
any qualified incurred medical expenses relating to the
arrestee until such time as the arrestee is placed in the
custody of the sheriff. However, the arresting authority shall
not be so responsible if the arrest was made pursuant to a
request by the sheriff. When medical expenses are required by
any person held in custody, the county shall be entitled to
obtain reimbursement from the County Jail Medical Costs Fund to
the extent moneys are available from the Fund. To the extent
that the person is reasonably able to pay for that care,
including reimbursement from any insurance program or from
other medical benefit programs available to the person, he or
she shall reimburse the county.
    The county shall be entitled to a $10 fee for each
conviction or order of supervision for a criminal violation,
other than a petty offense or business offense. The fee shall
be taxed as costs to be collected from the defendant, if
possible, upon conviction or entry of an order of supervision.
The fee shall not be considered a part of the fine for purposes
of any reduction in the fine.
    All such fees collected shall be deposited by the county in
a fund to be established and known as the County Jail Medical
Costs Fund. Moneys in the Fund shall be used solely for
reimbursement to the county of costs for medical expenses and
administration of the Fund.
    For the purposes of this Section, "arresting authority"
means a unit of local government, other than a county, which
employs peace officers and whose peace officers have made the
arrest of a person. For the purposes of this Section,
"qualified medical expenses" include medical and hospital
services but do not include (i) 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, (ii) expenses incurred for medical care or treatment
provided to a person on account of a health condition of that
person which existed prior to the time of his or her arrest, or
(iii) expenses for hospital inpatient services for arrestees
enrolled for medical assistance under the Illinois Public Aid
Code.
(Source: P.A. 94-494, eff. 8-8-05; 94-962, eff. 1-1-07; 95-842,
eff. 8-15-08.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/26/2010