Full Text of SB1348 95th General Assembly
SB1348ham002 95TH GENERAL ASSEMBLY
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Judiciary II - Criminal Law Committee
Filed: 5/24/2007
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09500SB1348ham002 |
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LRB095 07058 RLC 36677 a |
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| AMENDMENT TO SENATE BILL 1348
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| AMENDMENT NO. ______. Amend Senate Bill 1348, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The County Jail Act is amended by changing | 6 |
| 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; | 9 |
| reimbursement for medical
or hospital expenses. The Warden of | 10 |
| the jail shall furnish necessary bedding,
clothing,
fuel , and | 11 |
| medical services
aid for all prisoners under his charge, and | 12 |
| keep an accurate
account of the same. When services that result | 13 |
| in qualified medical expenses
or hospital services are required | 14 |
| by any
person held
in custody, the county, private hospital,
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| physician or any public agency
which provides such services | 16 |
| shall be entitled to obtain reimbursement from
the county or |
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LRB095 07058 RLC 36677 a |
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| from the Arrestee's Medical Costs Fund to the extent that | 2 |
| moneys
in the Fund are available for the cost of such services. | 3 |
| The county board of a
county may
adopt an ordinance or | 4 |
| resolution providing for reimbursement for the cost of
those | 5 |
| services at the Department of Healthcare and Family Services' | 6 |
| rates for medical
assistance.
To the extent that such person
is | 7 |
| reasonably able to pay for such care, including reimbursement | 8 |
| from any
insurance program or from other medical benefit | 9 |
| programs available to such
person, he or she shall reimburse | 10 |
| the county or arresting authority.
If such person
is
has | 11 |
| already
been determined eligible for medical assistance under | 12 |
| the Illinois Public
Aid Code at the time the person is | 13 |
| initially detained pending trial ,
the
cost of such services, to | 14 |
| the extent such cost exceeds $500, shall be
reimbursed by the | 15 |
| Department of Healthcare and Family Services under that Code. A | 16 |
| reimbursement
under any public or private program authorized by | 17 |
| this Section shall be
paid to the county or arresting authority | 18 |
| to the
same extent as would have been obtained had the services | 19 |
| been rendered in
a non-custodial environment.
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| Unless the arrestee is eligible for medical assistance | 21 |
| under the Illinois Public Aid Code or reimbursement under a | 22 |
| public or private program authorized by this Section, an
An
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| arresting authority shall be responsible for any incurred | 24 |
| medical
expenses relating to the arrestee until such time as | 25 |
| the arrestee is placed
in the custody of the sheriff. However, | 26 |
| the arresting authority shall not
be so responsible if the |
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LRB095 07058 RLC 36677 a |
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| arrest was made pursuant to a request by the sheriff.
When | 2 |
| medical expenses
or hospital services
are required by any | 3 |
| person held in custody,
the county or arresting authority shall | 4 |
| be entitled to obtain reimbursement
from the
County Jail
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| Arrestee's
Medical Costs Fund to the extent moneys are | 6 |
| available from the Fund. To the
extent that the person is | 7 |
| reasonably able to pay
for that care, including reimbursement | 8 |
| from any insurance program or from other
medical benefit | 9 |
| programs available to the person, he or she shall reimburse the
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| county.
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| The county shall be entitled to a $10 fee for each | 12 |
| conviction or order of
supervision for a criminal violation, | 13 |
| other than a petty offense or business
offense. The fee shall | 14 |
| be taxed as costs to be
collected from the defendant, if | 15 |
| possible, upon conviction or entry of an order
of supervision. | 16 |
| The fee shall not be considered a part of the fine for
purposes | 17 |
| of any reduction in the fine.
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| All such fees collected shall be deposited by the county in | 19 |
| a fund to be
established and known as the County Jail
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| Arrestee's Medical Costs Fund. Moneys in the Fund
shall be used | 21 |
| solely for reimbursement to the county of costs for medical | 22 |
| expenses relating
to the arrestee while he or she is in the | 23 |
| custody of the sheriff and administration of the Fund.
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| For the purposes of this Section, "arresting authority" | 25 |
| means a unit of
local government, other than a county, which | 26 |
| employs peace officers and
whose peace officers have made the |
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LRB095 07058 RLC 36677 a |
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| arrest of a person. For the purposes
of this Section, | 2 |
| " qualified medical expenses relating to the
arrestee " include | 3 |
| medical and hospital services but do not include
means only | 4 |
| those expenses incurred for medical care or treatment
provided | 5 |
| to a person
an arrestee on account of a self-inflicted
an
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| injury incurred prior to or in the course of an arrest or
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| suffered by the arrestee
during the course of his or her arrest | 8 |
| unless such injury is self-inflicted; the term does not include | 9 |
| any expenses
incurred for medical care or treatment provided to | 10 |
| a person
an arrestee on account
of a health condition of that | 11 |
| person
the arrestee which existed prior to the time of his
or | 12 |
| her arrest.
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| (Source: P.A. 94-494, eff. 8-8-05; 94-962, eff. 1-1-07.)
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| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law.".
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