93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4854


 
Introduced 02/04/04, by Richard P. Myers
 
SYNOPSIS AS INTRODUCED:
 		














730 ILCS 125/17
  from Ch. 75, par. 117







    Amends the County Jail Act.  Provides that when long-term care or nursing home care is required by the arrestee and the arresting authority releases the arrestee for treatment at the long-term care facility or nursing home, the long-term care facility or nursing home  shall notify the State's Attorney of the committing county and the chief law enforcement officer of the arresting authority of the pending release of the arrestee from the long-term care facility or nursing home at least 48 hours before that release.  Effective immediately.
















LRB093 19965 RLC 45709 b

















 


 


A BILL FOR









 











HB4854

LRB093 19965 RLC 45709 b






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    AN ACT concerning prisoners.

 
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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 
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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 $2,500, shall be
reimbursed by the Department of 
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Public Aid under that Code.  A reimbursement
under any public or 
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private program authorized by this Section shall be
paid to the 
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county or arresting authority to the
same extent as would have 
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been obtained had the services been rendered in
a non-custodial 
 


 






HB4854
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LRB093 19965 RLC 45709 b




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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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    When long-term care or nursing home care is required by the 
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arrestee and the arresting authority releases the arrestee for 
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treatment at the long-term care facility or nursing home, the 
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long-term care facility or nursing home  shall notify the 
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State's Attorney of the committing county and the chief law 
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enforcement officer of the arresting authority of the pending 
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release of the arrestee from the long-term care facility or 
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nursing home at least 48 hours before that release.


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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 and 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 
 


 






HB4854
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LRB093 19965 RLC 45709 b




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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.