(The Center Square) – After the secretary of the Illinois Department of Human Services was found in contempt of court, a county detainee was transferred to state custody, but dozens across the state remain in limbo.
In April 2020, one of the many COVID-19 orders issued by Gov. J.B. Pritzker blocked county jail inmates deemed unfit for trial from being transferred to state human services custody.
“Accordingly, all admissions to Illinois Department of Human Services Forensic Treatment Programs from all Illinois county jails are suspended, with exceptions at the sole discretion of the Secretary of the Illinois Department of Human Services for limited essential admissions,” the order issued April 10, 2020, said.
The governor didn’t reissue the COVID-19 executive order limiting county inmate transfers to state prisons, but on June 24, 2022, he did reissue the order limiting DHS from taking inmates deemed unfit for trial.
Sangamon County Sheriff Jack Campbell said since then, there have been some transfers, but recently the state stopped taking such individuals as Pritzker reissued the orders.
“If the governor is using COVID as the reason to not transfer, well, COVID still exists in our jail too, but the problem is these inmates need help,” Campbell said.
After previously ordering the state to take such an inmate despite reissued executive orders, Wednesday, a Sangamon County Judge found the DHS director “adjudicated guilty of indirect civil contempt” with a $100 daily fine if they don’t comply with the law.
“The Court finds no merit in Contemnors argument that they had no legal obligation to comply with [the law] or the Court’s prior Order because the Executive Order 20-24 issued by the Governor on April 10, 2020 ‘suspended’ the operative provisions of Illinois law requiring admission and psychiatrist treatment by DHS,” wrote Sangamon County Circuit Judge Adam Giganti. “[T]his Court has significant concerns about how the terms of EO 20-24 as applied by Contemnors can be reconciled with such fundamental constitutional rights given the routinely substantial and indeterminate delay of admissions into DHS.”
Asked Thursday why his administration isn’t taking custody of such individuals, Pritzker refused to answer.
“Well, as you know that manner is part of a lawsuit now in court,” Pritzker said at a separate event in Chicago Thursday. “Not appropriate for me to comment on.”
One Sangamon County detainee was transferred to state custody Thursday, but dozens across the state remain in limbo.
Campbell said all 102 county sheriffs are dealing with the same thing.
“And we all have the same frustration,” Campbell said. “None of us have the mental health coverage that these inmates require. It’s wholly unfair to these inmates especially and to the taxpayers, and we’re going to do what we have to do to force the state to take these inmates.”
Further litigation is expected.