Human Services Committee
Filed: 3/9/2005
 
 

 




 

 		












09400HB0920ham001

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AMENDMENT TO HOUSE BILL 920




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    AMENDMENT NO. ______. Amend House Bill 920 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The County Jail Act is amended  by changing 
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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; 
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reimbursement for medical
or hospital expenses.  The Warden of 
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the jail shall furnish necessary bedding,
clothing,
fuel and 
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medical aid for all prisoners under his charge, and keep an 
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accurate
account of the same.  When medical or hospital services 
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are required by any
person held
in custody, the county, private 
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hospital,
physician or any public agency
which provides such 
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services shall be entitled to obtain reimbursement from
the 
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county or from the Arrestee's Medical Costs Fund to the extent 
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that moneys
in the Fund are available for the cost of such 
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services.  The county board of a
county may
adopt an ordinance 
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or resolution providing for reimbursement for the cost of
those 
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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 
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to pay for such care, including reimbursement from any

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insurance program or from other medical benefit programs 
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available to such
person, he or she shall reimburse the county 
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or arresting authority.
If such person has already
been 
 


 






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determined eligible for medical assistance under The Illinois 
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Public
Aid Code at the time the person is initially detained 
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pending trial,
the
cost of such services, to the extent such 
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cost exceeds $500
$2,500, shall be
reimbursed by the Department 
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of Public Aid under that Code.  A reimbursement
under any public 
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or private program authorized by this Section shall be
paid to 
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the county or arresting authority to the
same extent as would 
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have been obtained had the services been rendered in
a 
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non-custodial environment.

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    An arresting authority shall be responsible for any 
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incurred medical
expenses relating to the arrestee until such 
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time as the arrestee is placed
in the custody of the sheriff.  
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However, the arresting authority shall not
be so responsible if 
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the arrest was made pursuant to a request by the sheriff.
 When 
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medical or hospital services are required by any person held in 
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custody,
the county or arresting authority shall be entitled to 
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obtain reimbursement
from the
Arrestee's
Medical Costs Fund to 
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the extent moneys are available from the Fund.  To the
extent 
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that the person is reasonably able to pay
for that care, 
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including reimbursement from any insurance program or from 
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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 
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conviction or order of
supervision for a criminal violation, 
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other than a petty offense or business
offense.  The fee shall 
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be taxed as costs to be
collected from the defendant, if 
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possible, upon conviction or entry of an order
of supervision.  
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The fee shall not be considered a part of the fine for
purposes 
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of any reduction in the fine.

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    All such fees collected shall be deposited by the county in 
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a fund to be
established and known as the Arrestee's Medical 
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Costs Fund.  Moneys in the Fund
shall be used solely for 
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reimbursement of costs for medical expenses relating
to the 
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arrestee while he or she is in the custody of the sheriff and 
 


 






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administration of the Fund.

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    For the purposes of this Section, "arresting authority" 
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means a unit of
local government, other than a county, which 
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employs peace officers and
whose peace officers have made the 
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arrest of a person.  For the purposes
of this Section, "medical 
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expenses relating to the
arrestee" means only those expenses 
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incurred for medical care or treatment
provided to an arrestee 
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on account of an injury suffered by the arrestee

during the 
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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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on account
of a health condition of the arrestee which existed 
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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 
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becoming law.".